The North Dakota Attorney General issued an opinion on November 1 suggesting a special legislative session may be necessary to remedy an accidental retroactive effective date of Initiated Constitutional Measure No. 2. The measure, which would eliminate property taxes, is scheduled to appear on the June 12, 2012 primary election ballot.

State Representative Dan Ruby argued that the intention was to have an effective date of January 1 following the passage of the measure, despite the clear and unambiguous effective date listed in the text of the measure: January 1, 2012.

Attorney General Wayne Stenehjem noted the possible difficulties for political subdivisions that rely on property taxes but declined to ignore the plain language of the measure. A special session could address the need for replacement revenues if the measure passes.