North Dakota Senate Bill SB2324

North Dakota 2025-2026 Regular Session

• Introduced: 1/20/25
• Refer: 1/20/25
• Report Pass: 1/31/25
• Engrossed: 2/6/25
• Refer: 2/18/25
• Report Pass: 3/7/25
• Enrolled: 3/20/25
• Passed: 3/24/25

Caption

AN ACT to create and enact a new section to chapter 11-09.1 and a new section to chapter 40-05.1 of the North Dakota Century Code, relating to a county home rule charter and city home rule charter conforming with statute or court order; and to amend and reenact sections 11-09.1-06 and 40-05.1-07 of the North Dakota Century Code, relating to the amendment or repeal of a county and city home rule charter.

Summary

SB 2324 revises North Dakota’s rules for amending or repealing county and city home rule charters when a charter provision has been preempted, superseded, or invalidated by state law or a court order. Under current law, charter changes generally require a proposal and ratification by the local electorate. This bill creates a narrower, faster process allowing the governing body of a county or city to adopt a resolution to conform the charter to the controlling statute or court order without a petition or vote of the electors. The bill also requires the resolution to cite the authority for the change and be published within 30 days in the local newspaper or on the local government website. It preserves the existing elector-approval process for broader charter amendments, including any attempt to add a power not already included in the original charter. The county auditor or city auditor must file the amendment with the secretary of state, and the bill leaves in place the general requirement that charter repeals or ordinary amendments be submitted to voters unless the change is only to conform to law or a court ruling.

Impact

SB 2324 amends sections 11-09.1-06 and 40-05.1-07 of the North Dakota Century Code and adds new sections to chapters 11-09.1 and 40-05.1. Its practical effect is to give counties and cities with home rule charters a limited administrative pathway to make conforming amendments when a charter provision is no longer valid because of state preemption or a court decision. This reduces the need for an election in those specific circumstances while maintaining voter control over substantive charter changes and charter repeal.

Sentiment

The bill appears to have been broadly supported. It passed the Senate and House by large margins, with only a small number of dissenting votes in each chamber. The vote totals suggest general agreement that local governments should have a streamlined way to update charters to match higher legal authority without requiring a full election each time a provision is invalidated.

Contention

The main point of potential contention is the shift of authority from voters to local governing bodies for a narrow category of charter amendments. Supporters likely viewed this as a practical housekeeping measure, while opponents may have been concerned about reducing direct voter involvement in home rule governance. The bill addresses that concern by limiting the streamlined process to conforming changes only and by preserving the election requirement for new powers, broader amendments, and repeals.