North Dakota Supreme Court agrees to hear term limits case

BISMARCK, N.D. (North Dakota Monitor) — The North Dakota Supreme Court has decided to hear a lawsuit over a ballot measure that would change voter-approved legislative term limits.

The suit, filed in late January, alleges that the Legislature violated the state constitution when it passed a resolution creating the ballot measure during the 2025 session.

The high court will consider the case during its April term, according to a notice filed Sunday.

The ballot measure seeks to alter the 2022 constitutional amendment that established legislative term limits. However, that article contains a provision that specifically says the Legislature may not propose further constitutional amendments to “alter or repeal” those term limits.

This prompted two North Dakotans who backed the 2022 term limits amendment to sue the state on Jan. 20, arguing the resolution violates that language.

The plaintiffs, former Minot lawmaker Sen. Oley Larsen and Grand Forks County commissioner Terry Bjerke, filed the suit directly with the North Dakota Supreme Court.

The defendants — the Legislature and Secretary of State’s Office — have until March 3 to respond.

There were no hearings scheduled in the case as of Monday.

The 2022 constitutional amendment says state lawmakers can serve no more than eight years in the House and eight years in the Senate.

The ballot measure created by Senate Resolution 4008 seeks to change this so lawmakers can serve up to 16 years in either chamber. It would also clarify that partial terms don’t count against term limits.

The measure has been approved for the November election ballot, according to the Secretary of State’s website.

Erika White, the agency’s elections director, said the secretary of state must notify county auditors of what’s on the general election ballot by Sept. 9.

Legislative Management last week voted to have outside attorneys represent the Legislature in the case.

North Dakota Monitor reporter Mary Steurer can be reached at msteurer@northdakotamonitor.com.