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HB 1138

Law enforcement; modifying duties of the Human Capital Management Division and the Civil Service Division of the Office of Management and Enterprise Services; effective date.

2025 Regular Session Introduced by Ross Ford and 1 co-sponsor

ND HB 1138 requires at least 64 days between passage of the initial bond resolution and the bonding election, tightening timing and clarifying election logistics and vacancies.

Filed with Secretary of State
0
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Bill Summary · HB 1138

HB 1138 — North Dakota (2025)

Amends and reenacts NDCC § 21-03-11 (bonding elections)

Main purpose

To revise the statutory procedures and timeline for municipal bonding (initial resolution) elections — primarily by lengthening the minimum period between passage/filing of an initial resolution and the bonding election, and by clarifying certain election-administration duties for municipal officials.

Key provisions / changes

  • Amends NDCC § 21-03-11 (titled “Elections — When and how called and held”).
  • Timing change: increases the minimum number of days between passage (or filing) of an initial resolution and the election from “twenty” days (stricken) to “sixty-four” days (added). (Text shows replacement of “twenty” with “sixty-four” days.)
  • Submission requirement: requires the governing body to submit the initial resolution to the municipality’s qualified electors (language streamlined to require the governing body, by resolution, to submit the question for elector approval).
  • Election administration:
    • Governing body must designate election date, polling hours, and polling place (polling place must be the same as for municipal elections and held within the municipality).
    • Governing body shall appoint an inspector, two judges, and two clerks of election for each polling place.
    • If an election official is absent or unable to serve when a polling place is open, the remaining election officials at that polling place shall appoint a qualified elector to fill the vacancy.
    • Returns and canvass: elections, returns, and canvass are to be conducted and handled in the same manner as elections of members of the municipal governing body.
  • Minor edits for clarity and grammar (e.g., correcting submission verbs and cross-references).

Who is affected

  • Municipal governing bodies (city/town councils, boards) — must comply with a longer minimum notice/lead time and follow clarified appointment and vacancy procedures.
  • Voters/qualified electors within municipalities — timing of bonding elections may shift to comply with the longer lead time.
  • Local election officials — clarified duties and vacancy-filling process at polling places.

Procedural / timeline aspects

  • New minimum notice period: at least 64 days between passage/filing of the initial resolution and the election date.
  • Governing bodies must designate polling logistics and appoint required election officials in advance.
  • Vacancy-filling by remaining officials takes effect immediately at the polling place if a scheduled official is absent at opening.

Legislative status and sponsors

  • Introduced in the North Dakota House (Sixty-ninth Legislative Assembly) by Representatives Pyle, Schreiber‑Beck, Warrey; Senators Axtman and Schaible listed as introducers in the Senate version.
  • Passed both houses (House vote recorded 90–0; Senate 44–2), enrolled, and became Act No. 98 (notification dated 2025-02-18). Filed with the Secretary of State March 27, 2025 (bill materials show final enrollment/signature steps in late March 2025).
  • Companion bill: SB 1457.

Practical impact

  • Requires municipalities to allow more lead time (about two months) before holding a bonding election, which may affect scheduling of council/board actions and local preparations for ballots and notices.
  • Clarifies local election staffing and a straightforward method to replace absent election officials at the polling place, reducing administrative uncertainty on election day.
  • No fiscal analysis was included in the bill text supplied; changes are primarily procedural/administrative.

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

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