HB 1424 — District endorsements; certificates of endorsement; placement on primary ballot (North Dakota)
Status and basic info
- Bill: HB 1424 (North Dakota)
- Sponsor: Rep. Koppelman
- Introduced: Nov 20, 2024
- Most recent status reported: Second reading — failed to pass (yeas 3, nays 86)
- Statutory targets: Adds a new section to NDCC ch. 16.1‑03 and amends NDCC §§ 16.1‑11‑06 and 16.1‑11‑10
Purpose and intent
HB 1424 would create a formal procedure for district‑level party endorsements (endorsing caucuses), establish a complaint and investigative process when endorsement procedures are challenged, and change how and when party endorsement certificates are forwarded for placement of a candidate’s name on the primary election ballot.
Key provisions and changes
- District endorsing caucuses
- Authorizes district party organizations (per NDCC §16.1‑03‑21) to hold endorsing caucuses conducted according to their internal rules and bylaws.
- After a caucus, the district chairman signs a certificate of endorsement and the candidate forwards that certificate as required under NDCC §16.1‑11‑06.
Seven‑day hold before forwarding/placement
- Upon receipt of a district certificate, the state party chairman may not sign and forward the certificate to the Secretary of State for placement on the primary ballot for at least seven days.
Complaint and investigation process
- Any person who claims the caucus was not conducted according to the district organization’s rules may file a complaint:
- Filing deadline: within seven days after the state committee receives the certificate of endorsement.
- Initial review by the party’s inquiry committee (defined as the state committee or a committee created under its bylaws).
- If inquiry committee finds complaint without merit, the state party chairman signs and forwards the certificate to the Secretary of State.
- If the inquiry committee (or Secretary of State in some versions) reasonably believes a violation occurred, the complaint is forwarded to the Attorney General (or the inquiry committee conducts the investigation in engrossed versions).
- Investigation deadline: the Attorney General (or inquiry committee) must complete the investigation within seven days of receiving the complaint and issue a written determination.
- If the endorsement is found valid, the certificate is signed/forwarded and the candidate is placed on the primary ballot.
- If invalid, the certificate is void and the district organization must hold a new caucus.
Back‑up via nominating petition
- If a timely valid certificate cannot be filed (by 4:00 p.m. on the 64th day before the primary), the certificate is void. If rescheduling the caucus will miss filing deadlines, affected candidates may instead circulate nominating petitions under NDCC §16.1‑11‑06.
Amendments to ballot filing rules (NDCC §16.1‑11‑06)
- Clarifies filing requirements and contents for certificates of endorsement and nominating petitions.
- States that if a political party issues certificates of endorsement for an office, no other candidate seeking the same office may appear on the primary ballot as a representative of that same party.
Who would be affected
- Political parties (state and district organizations) — must follow internal rules for caucuses and participate in the inquiry process.
- Party chairs at district and state levels — new duties and timing restrictions (7‑day hold).
- Candidates for federal and state offices and judicial offices — procedures for endorsement, possible delays in ballot placement, and fallback to nominating petitions if endorsements are void or untimely.
- Secretary of State and Attorney General — new review/coordination roles when complaints arise; potential short timeframes for review.
Procedural and timeline aspects to note
- Complaint windows and investigatory timelines are short: seven days to file a complaint after receipt of the certificate; seven days for the Attorney General/inquiry committee to complete an investigation.
- Filing deadline for certificates or petitions remains 4:00 p.m., sixty‑four days before the primary; a certificate not filed by that deadline is void.
- The bill failed second reading in the reported vote (3–86); as written it did not advance in that session.
Potential impacts (practical considerations)
- Introduces an administrative review layer that could delay finalization of primary ballots for up to a week (or longer if investigations are contested).
- Could increase use of attorney general resources or party inquiry committees to resolve intra‑party disputes.
- Provides a clear fallback (nominating petition) to protect candidates’ ballot access when endorsement processes break down or deadlines are missed.
- Encourages parties to document and follow internal rules for endorsements to avoid challenges.
This summary captures HB 1424’s core mechanics as drafted: new district endorsement procedures, a short challenge and investigation process tied to party certificates of endorsement, and amendments to ballot‑placement timelines and filing rules.
