AN ACT to create and enact a new section to chapter 16.1-01 of the North Dakota Century Code, relating to prohibiting approval voting and ranked-choice voting in elections; and to amend and reenact subsection 7 of section 11-09.1-05 and subsection 9 of section 40-05.1-06 of the North Dakota Century Code, relating to home rule powers in counties and cities.
House Bill 1297 prohibits the use of approval voting and ranked-choice voting in North Dakota elections. The bill defines both methods and bars them from being used in any election held in the state to nominate or elect candidates to local, state, or federal office. It also declares that any conflicting county, city, or other local ordinance, including one adopted under a home rule charter, is void.
In addition to the statewide prohibition, the bill amends county and city home rule election authority provisions to make those powers subject to the new restriction. That means local governments may continue to regulate many election matters, but they cannot authorize approval voting or ranked-choice voting for their own elections. The bill therefore centralizes election-method policy at the state level and limits local experimentation with alternative voting systems.
HB1297 would amend North Dakota Century Code provisions governing county and city home rule powers and create a new statewide election rule in chapter 16.1-01. Its practical effect is to preempt local governments from adopting approval voting or ranked-choice voting for any public election in the state, and to invalidate any existing or future local ordinance that conflicts with that prohibition. The bill affects counties, cities, other political subdivisions, election administrators, and candidates and voters in any jurisdiction that might otherwise consider alternative voting methods.
The bill appears to have been broadly supported in both chambers, passing the House 75-16 and the Senate 38-8. Those margins suggest a generally favorable sentiment toward preserving traditional voting methods and preventing local adoption of ranked-choice or approval voting. No committee transcript was provided, so the available record shows support in the floor votes but does not include detailed debate or testimony.
The main point of contention is the restriction on local control. Supporters likely view the bill as a uniform statewide election standard, while opponents would be expected to object that it blocks counties, cities, and home rule jurisdictions from testing alternative voting systems that could broaden voter choice or improve majority support. The bill’s express preemption of local ordinances and home rule election authority is the central legal and policy dispute.