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HB 1307

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2025 Regular Session Introduced by Atoosa Reaser

HB 1307 bars home-rule counties and cities from enacting election ordinances that conflict with state law; state rules prevail, park district petition thresholds updated.

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Bill Summary · HB 1307

Summary — HB 1307 (North Dakota)

Amends NDCC §§ 11‑09.1‑04, 11‑09.1‑05, 40‑05.1‑05, 40‑05.1‑06, and 40‑49‑07
Filed with Secretary of State: 04/28/2025 (Introduced: 11/13/2024) — enacted as Act No. 308 (see legislative actions)

Purpose

HB 1307 clarifies and limits the ability of home rule counties and cities to enact ordinances that conflict with state election law, and makes a related change to nominating‑petition signature requirements for park districts. The bill seeks to ensure state election law remains controlling where conflicts exist and to standardize applicability of election rules across jurisdictions.

Key provisions

  • Supersession and election‑related ordinances (NDCC § 11‑09.1‑04)

    • Rewrites the provision governing ratification and effect of a county home rule charter.
    • States that ordinances enacted or adopted by a home rule county that pertain to county elections and conflict with state law are void. (Language narrows or clarifies the prior scope under which a charter/ordinance could “supersede” state law.)
    • Retains other limits on county charters (e.g., cannot diminish township supervisor authority; filing and recordation requirements; courts take judicial notice).

  • Powers of home rule counties (NDCC § 11‑09.1‑05)

    • Re‑enacts the powers section (finance, taxation, special assessments, fees, local taxes) with retained caveats that certain state tax and improvement provisions cannot be superseded by a home rule charter or ordinance (e.g., ad valorem tax determinations, petition requirements for improvements).
    • Continues detailed constraints on how local sales/use/gross‑receipts taxes must conform to state law and administrative procedures.

  • Supersession in home rule cities (NDCC § 40‑05.1‑05 and § 40‑05.1‑06)

    • Parallel revisions for cities: any ordinance enacted by a city under a home rule charter that conflicts with state law on election matters is void. Filing and judicial‑notice requirements preserved.

  • Nominating petitions in park districts (NDCC § 40‑49‑07)

    • The bill amends the statute governing nominating‑petition signature thresholds in park districts. (The text provided to the analyst did not include the exact numeric threshold change; see enrolled Act No. 308 for precise language.)

Who is affected

  • Home rule counties and cities — their authority to adopt election‑related ordinances is constrained where state law conflicts; such local election ordinances are expressly void.
  • County and municipal election administrators — will implement and enforce state election law uniformly, even in jurisdictions with home rule charters.
  • Candidates and voters in park districts — potentially affected by the changed nominating‑petition signature requirement (impact depends on the specific numeric change in § 40‑49‑07).
  • Townships and boards of supervisors — protections retained against charter provisions diminishing township authority.

Procedural status / timeline

  • Introduced: 11/13/2024.
  • First read and committee actions in early 2025; Senate amendment(s) considered and concurred in.
  • Enrolled and transmitted to Governor; signed and filed with Secretary of State 04/28/2025. (Legislative history indicates the bill is Act No. 308.)

Notes and recommendation

  • The enrolled/official act should be consulted for the exact amended language of § 40‑49‑07 to determine the precise change to nominating‑petition signature thresholds in park districts.
  • HB 1307 does not remove home rule authority generally but explicitly prevents local election ordinances from overriding state election law; it preserves other enumerated home rule powers while restating specific limitations (especially concerning taxes and improvement petition processes).

Compiled from official sources — confirm details with the bill’s official record.

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