North Dakota lawmakers to hire outside lawyers to defend state in term limits lawsuit

BISMARCK, N.D. (North Dakota Monitor) North Dakota legislative leaders have voted to hire outside attorneys to represent them in a new lawsuit over a ballot measure that would change voter-approved legislative term limits.

The suit, filed last week, argues that the Legislature violated the state constitution when it passed a resolution creating the ballot measure last year.

The ballot measure, if approved, would alter the 2022 constitutional amendment that established legislative term limits. But that 2022 amendment contains a provision that specifically says state lawmakers may not propose an amendment to “alter or repeal” those term limits.

Believing the resolution to be a violation of that clause, two North Dakotans who organized in support of the 2022 term limits amendment — former Minot lawmaker Sen. Oley Larsen and Grand Forks County commissioner Terry Bjerke — have sued the Legislature and Secretary of State’s Office. They filed the suit directly with the North Dakota Supreme Court.

Legislative Management met Tuesday morning to decide next steps. Most of the meeting was held in an executive session. Under state law, a governing body may close a meeting to the public to discuss legal strategy.

The committee then approved a motion to hire third-party attorneys for the suit, as opposed to being represented by Legislative Council or the North Dakota Attorney General’s Office.

Senate Majority Leader David Hogue, R-Minot, called the provision of the 2022 amendment that forbids the statehouse from proposing amendments to legislative term limits a “direct encroachment” on the Legislature’s power. Another part of the state constitution, Article IV, authorizes the Legislature to recommend constitutional amendments to voters.

Hogue said the lawsuit is an opportunity for the North Dakota Supreme Court to weigh in on whether the provision is constitutional. He added that given the gravity of issues at issue in the case, he supports having dedicated attorneys to advocate on the Legislature’s behalf.

Rep. Zac Ista, D-Grand Forks, was the only committee member to vote against the motion.

Ista said he feels it would be more fiscally prudent not to use outside counsel. He added that the attorneys within Legislative Council or the Attorney General’s Office would do the best job representing the Legislature’s interests, since they have expertise in North Dakota constitutional law.

Ista said he also voted against the resolution during the 2025 season, calling it a “problematic” challenge to the voter-initiated measure.

He said his gut instinct is that the Supreme Court will agree to hear the case. Even if they do, however, the justices may not find it necessary to rule in a way that clarifies the scope of the Legislature’s power, Ista added.

“It would be my hope that the court will find a way to answer the ultimate question here,” he said.

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 specify 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.

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