HB 1297 — Summary (North Dakota version)
Status (as provided)
- Introduced: November 13, 2024
- Sponsors: Reps. Koppelman, Heilman, Heinert, Kasper, Louser; Sens. Castaneda, Clemens, Enget, Paulson, Wobbema, Larson (per bill text)
- Recorded status in materials: Filed with Secretary of State 04/16/2025 (status provided by requester); public committee hearing 03/27/2025; referred to Elections (3/10/2025).
Purpose
- To prohibit the use of approval voting and ranked‑choice voting (RCV) in elections held in North Dakota, and to restrict local home‑rule governments from adopting ordinances or charter provisions that would implement those voting methods.
Key provisions
- New statutory section (chapter 16.1‑01, NDCC) — Definitions:
- Approval voting: a method where an elector may vote for every candidate they “approve of” and the top vote‑getters fill the seats.
- Ranked‑choice voting: a method where electors rank candidates by preference and ballots are tabulated in rounds eliminating lowest candidates until one attains a majority.
- Substantive ban:
- “Approval voting” or “ranked‑choice voting” may not be used in any election held within the state to elect or nominate a candidate to any local, state, or federal elective office.
- Preemption of local action:
- Any county, city, or other political subdivision ordinance (including under a home‑rule charter) enacted or adopted after January 1, 2025 that conflicts with this section is declared void.
- Conforming amendments to home‑rule language:
- Amendments to NDCC provisions granting counties (11‑09.1‑05(7)) and cities (40‑05.1‑06(9)) authority over “matters pertaining to county/city elections” clarify that such authority is subject to elector qualifications and the limitations in the new section (i.e., the ban on approval/RCV).
Who is affected
- Counties, cities, and other political subdivisions: barred from adopting approval voting or RCV for local elections, and local ordinances conflicting with the ban are void.
- Voters and candidates statewide: current plurality/other permitted voting methods remain the only lawful methods; jurisdictions considering alternative voting systems would be prohibited from implementing them.
- Election officials: continue administering elections under existing lawful methods; would be prohibited from implementing approval voting or RCV even by local initiative or charter change.
Procedural/timeline notes and legal implications
- The bill expressly preempts local home‑rule enactments on this topic and voids conflicting local ordinances adopted after Jan. 1, 2025.
- The text contains no implementation date beyond the Jan. 1, 2025 cut‑off for voiding conflicting ordinances; no specific effective date language is shown in the text provided.
- Potential consequences: the statutory preemption could prompt legal challenges on home‑rule or preemption grounds; it forecloses local experimentation with approval voting and RCV without a change to state law.
Bottom line
HB 1297 (ND) is a statewide prohibition on approval voting and ranked‑choice voting for nominations or elections to any office in North Dakota and removes local authority to adopt those voting methods by ordinance or charter. It preserves the state’s control over the methods used in elections and preempts conflicting local measures.
