AN ACT to create and enact a new section to chapter 44-04 of the North Dakota Century Code, relating to the exempt status of records related to petitions in possession of the secretary of state.
Summary
HB 1158 creates a new exemption in North Dakota’s open records law for certain petition-related records held by the secretary of state. Specifically, records received by the secretary of state that relate to a request for approval of a petition to initiate or refer a measure are treated as exempt from public disclosure until the secretary of state has determined whether the petition is sufficient under existing law, or until 35 days have passed since receipt of the record, whichever happens first.
The bill is aimed at protecting the confidentiality of petition materials during the initial review period before sufficiency is decided. It applies to records in the secretary of state’s possession connected to ballot measure petition approval, and it creates a temporary exemption rather than a permanent seal on the records.
Impact
HB 1158 amends chapter 44-04 of the North Dakota Century Code by adding a new records exemption for petition-related materials held by the secretary of state. The practical effect is to limit immediate public access to certain initiative and referendum petition records during the review window, while preserving disclosure after the petition is ruled sufficient or after 35 days, whichever comes first. This affects the secretary of state’s handling of petition filings and the timing of public access under state open records provisions, and it may also affect petition sponsors, opponents, and members of the public seeking early access to those records.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislature. It passed the House 90-0 and the Senate 45-1, indicating strong bipartisan approval and little visible opposition. The lack of committee transcript material also suggests there was no significant public legislative debate recorded in the provided materials.
Contention
The main point of potential contention is the balance between transparency and the need to protect petition-related records during the sufficiency review process. Supporters likely view the exemption as a narrow administrative safeguard that prevents premature disclosure of sensitive petition materials, while any opponents would be concerned that it temporarily restricts public access to records involving the initiative and referendum process. The near-unanimous votes suggest that, if any concerns existed, they were limited and did not generate substantial opposition in either chamber.