Term limits for top state offices

Summary#

SCR-4028 is a proposed amendment to the North Dakota Constitution. It would set election limits for the governor, lieutenant governor, specified statewide officials, and members of the Legislative Assembly, and repeal five existing constitutional sections. Its stated goal is to establish these term limits; the resolution failed to pass the Senate, so it will not go to voters through this resolution.

  • A person could be elected governor or lieutenant governor no more than twice. The limit would not prevent the lieutenant governor from succeeding to governor or the secretary of state from acting as governor.
  • A person could be elected agriculture commissioner, attorney general, auditor, insurance commissioner, public service commissioner, secretary of state, superintendent of public instruction, tax commissioner, or treasurer no more than three times.
  • A person could not be elected to more than four “complete four-year terms” in the Legislative Assembly. The text does not explain how that phrase applies to service in the House or Senate.
  • Elections before the 2022 general election would not count toward the limits. A lieutenant governor’s service as president of the Senate would not count as Senate service.
  • The proposal would repeal sections 2 through 6 of Article XV. The text supplied does not include those sections, so their current rules and the full effect of repealing them cannot be verified.

What it means for you#

  • Voters: The resolution proposed sending the amendment to voters at the 2026 general election, but it failed to pass the Senate. It does not itself change the Constitution.
  • People seeking or holding the listed offices: If approved by voters, the election limits would take effect January 1, 2027. Elections before 2022 would not count.
  • People seeking or holding legislative seats: The proposal sets a limit of four complete four-year terms, but does not explain how those terms would be counted or combined across the House and Senate.
  • The public: The proposal does not directly change taxes, benefits, or public services.

Money#

No cost information is in the available material.

  • The resolution does not specify spending, staffing, fees, or a funding source.

What is unclear#

  • What “four complete four-year terms” means in practice, including how it applies to the House and Senate and to partial terms.
  • How the limits would apply when someone succeeds to an office or acts in an office temporarily; the text gives specific exceptions for succession and acting as governor but does not explain other situations.
  • What sections 2 through 6 of Article XV currently provide, and how repealing them would affect legislative authority or initiative petition processes. Their text was not supplied.
  • The measure failed to pass the Senate. The available material does not explain whether another proposal will be considered.

Case for#

  • A possible argument for the amendment is that it would set explicit limits on how many times a person may be elected to several top state offices and to the Legislative Assembly.
  • Excluding elections before 2022 would make the limits prospective rather than counting earlier elections against a person.
  • The amendment would put these rules in the Constitution, rather than leave them to ordinary legislation.

Case against#

  • Term limits would restrict voters’ ability to re-elect a candidate, even if voters wanted that person to continue serving.
  • The phrase “four complete four-year terms” is not clear about how legislative service would be counted, which could lead to disputes over who is eligible.
  • The proposal would repeal five constitutional sections, but the supplied text does not show what rules would be removed or how that could affect legislative authority and initiative petitions.

Votes

Senate Second reading

For (40%)
Against (60%)