News
Understanding measures
Tyler Ohmann
10/09/2012
In the upcoming elections North Dakota voters will be deciding whether or not to pass five important measures. Three of the measures will be added to the North Dakota constitution and two would, if passed, create new statutes within the state.
Measure 1
Measure No. 1 is a constitutional measure that would repeal section 6 of Article X of the North Dakota constitution. Section 6 of Article X states:
“The legislative assembly may provide for the levy, collection and disposition of an annual poll tax of not more than one dollar and fifty cents on every male inhabitant of this state over twenty-one and under fifty years of age, except paupers, idiots, insane persons and Indians not taxed.”
A yes vote would repeal section 6 of Article X, and would remove the authority of the legislative assembly to enforce an annual poll tax. It would also remove the words “paupers, idiots” from the section.
A no vote would keep the section as is.
Both the North Dakota Senate and the House unanimously voted to put the proposal of this amendment on the ballot.
Measure 2
Measure No. 2 is another constitutional amendment that would require elected members of the executive branch of government take an oath of office. Representative Tom Conklin sponsored the measure. It would reenact section 4 of Article XI of the North Dakota Constitution.
A yes vote would approve the measure to require oaths of office for officials.
A no vote would reject the measure and keep officials from taking an oath.
Measure 3
Measure No. 3 will forbid laws that abridge the rights of farmers and ranchers from using modern farming and ranching practices within the state. It would add a new section to Article XI of the state constitution as follows: “The right of farmers and ranchers to engage in modern farming and ranching practices shall be forever guaranteed in this state. No law shall be enacted which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production and ranching practices.”
The measure was sponsored by the North Dakota Farm Bureau.
A yes vote would add the new section (section 29) to Article XI of the constitution.
A no vote would keep the section out of the constitution.
Measure 4
Measure No. 4 is a statewide smoking ban for all indoor (and some outdoor) workplaces. The measure was sponsored by the group Smoke-Free North Dakota.
The measure would amend chapter 23-12 of the state’s Century Code and would prohibit smoking (including electronic smoking devices) in public places, and most places of employment throughout the state.
A yes vote would pass the measure and enact the smoking ban, and would include enforcement and penalties for violators.
A no vote would keep the current laws in place, which allows business owners and public entities to decide whether or not they would allow smoking.
Measure 5
Measure No. 5, perhaps the most talked about measure on the ballot, is a measure that would make it a felony to maliciously harm dogs, cats and horses. However, some exemptions would be provided to agricultural workers, veterinarians, scientific researchers and hunters.
The measure would create a new section (36-21.1-02.1) to the North Dakota Century Code.
It would “make it a class C felony for an individual to maliciously and intentionally harm a living dog, cat or horse and provide a court with certain sentencing options. The measure would not apply to production agriculture, or to lawful activities of hunters and trappers, licensed veterinarians, scientific researchers, or to individuals engaged in lawful defense of life or property.”
A yes vote would pass the amendment and make the proposed acts illegal within the state.
A no vote would keep the current laws that deal with mistreatment of those animals in place.
Much controversy has stewed over the vagueness of the law, and the inclusion of some animals, but not others.
All of the measures require a majority vote of yes to pass them.
Voters will decide the fates of these measures on Tuesday, Nov. 6.