North Dakota Bill To Virtually Outlaw Initiative Constitutional Amendments

Four North Dakota legislators have introduced SCR 4013, which, if passed, would virtually end constitutional initiatives in the state. It says amendments to alter the constitution must pass by 67% of the popular vote. It bans paying circulators of constitutional amendment petitions. It says circulators must have lived in the state for 120 days before the first signature is collected. And it raises the number of signatures for constitutional initiatives from 4% of the population, to 5%.

The sponsors are Senators Janne Myrdal and David Hogue, and Representatives Claire Cory and Mike Lefor. All are Republicans. Lefor and Hogue are the Majority Leaders of their respective chambers.

In 1988 the U.S. Supreme Court struck down laws that ban paying petitioners, in Grant v Meyer. The decision was unanimous.

Arkansas Bill for a Top-Two System

Arkansas State Senator Everett Clarke Tucker (D-Little Rock) has introduced SJR 4. It would provide for a top-two system for all elective office in the state. For nonpartisan elections, it would have the effect of putting party labels on the ballot next to the names of candidates for non-partisan office.

The proposal would amend the Constitution, so if the legislature were to pass it, the voters would then vote on it.

Unlike the top-two systems in California and Washington, it does not require party labels that indicate a candidate’s “party preference.” It simply says the partisan label would match the candidate’s affiliation. This would put the measure in some legal jeopardy if it were to become law. Here is the text.