Attorney General Wayne Stenehjem issued an opinion confirming the Ethics Commission is constitutionally authorized to create a rule expanding the definitions for “lobby” and “lobbyist” for purposes of the new gift rules.

The opinion was issued in response to a request for clarification from Ethics Commission Chairman Ron Goodman.

The definitions used by the commission in the new gift rules in the Administrative Code adopted in October are broader than those passed by the Legislature in House Bill 1521.

The Ethics Commission expanded the definition of lobby and lobbyist to include attempts to influence any public official, administrative rule, or regulation rather than just the Legislature and legislation.

The new rules are not intended to expand the definition of who should be required to be registered as a lobbyist.

The North Dakota Supreme Court ruled Gov. Doug Burgum does not have the statutory or constitutional authority to appoint a replacement for a state House seat won by a candidate who died before the election.

David Andahl died on Oct. 5 from complications related to COVID-19, but his name remained on the ballot as early voting had commenced weeks before his death.

A day after the election, Burgum appointed Washburn coal executive Wade Boeshans to the seat.

In a unanimous ruling, the justices ruled authority to appoint the replacement belongs to the District 8 Republican Executive Committee, who appointed the last holder of the seat, fellow Republican Jeff Delzer.

Voters defeated a constitutional amendment that would have required approval of the legislature or voter approval twice for all initiated ballot measures.

The amendment needed a simple majority of votes to pass.

As of Wednesday morning, with 91% of votes counted, the measure was defeated by 24%.

Voters defeated a constitutional amendment changing the membership and meeting requirements of the state board of higher education.

The failure of the measure keeps the number of individuals who serve on the state board of higher education at eight and their terms of membership at four years.

The amendment would have increased board membership to 15 and increased membership terms to six years and prohibited state legislators, elected state officials, and full-time state employees from serving on the board.

As of Wednesday morning, with 91% of the votes counted, the measure was overwhelmingly defeated by 45%.

Incumbent Republican Gov. Doug Burgum easily won reelection in North Dakota.

As of Wednesday morning, with 86% of votes counted, Burgum prevailed over Democratic candidate Shelley Lenz by roughly 42 percentage points.

Additionally, Libertarian candidate DuWayne Hendrickson collected about 4 percent of votes.

The North Dakota Supreme Court granted a writ of injunction to keep Measure 3 off the ballot.

In a unanimous ruling, the justices enjoined Secretary of State Al Jaeger from placing the initiated measure on the ballot.

The measure seeks to amend the North Dakota Constitution concerning elections and legislative districting, referencing the North Dakota Century Code.

Additionally, it does not comply with the constitutional requirement to contain the full text of the measure.

The North Dakota Ethics Commission announced it will hold a public hearing to address proposed rules.

The hearing will take place at 9:00 a.m. on September 15.

The proposed rules implement Article XIV of the North Dakota Constitution relating to allowable gifts between lobbyists and public officials and may be reviewed at  https://www.ethicscommission.nd.gov/.

Written or oral comments may be submitted to 101 Slate Drive, Suite #4, Bismarck, North Dakota, 58503, or via email to ethicscommmission@nd.gov.

All comments received by September 29 will be considered.

North Dakota Secretary of State Al Jaeger confirmed a third measure to be on the November ballot.

Measure 3, a constitutional amendment put forth by Fargo-based North Dakota Voters First, makes several changes to election procedures.

This amendment creates paper record and audit requirements for ballots; requires ballots to be sent to military and overseas voters at least 61 days before an election; and makes the Ethics Commission responsible for state legislative redistricting procedures.

The amendment would also introduce an open primary system in which all candidates, regardless of party, would appear on a single ballot.

This would also have the top four candidates advancing to the general election.

A ranked-choice vote would decide the winner.

Additionally, if implemented, North Dakota would become only the second state in the country, after Maine, to employ a statewide ranked-choice system.

A North Dakota-based 501(c)(4) called Brighter Future Alliance is challenging the measure’s eligibility for the ballot.

The alliance is seeking a writ of injunction from the North Dakota Supreme Court prohibiting Jaeger from placing Measure 3 on the November 2020, general election ballot.

The Office of the North Dakota Secretary of State approved a petition for a proposed constitutional amendment.

This amendment will make several changes to election procedures, and make the Ethics Commission responsible for state legislative redistricting procedures.

The Legislature is responsible for redrawing district lines every 10 years following each U.S. Census and is scheduled to do so again in 2021.

The group proposing the measure, North Dakota Voters First, will need to obtain signatures of 4% of eligible voters by July 6 to get the proposal on the ballot in November.

The group has now filed a lawsuit against Secretary of State Al Jaeger in U.S. District Court claiming it should be allowed to collect electronic signatures during the pandemic.

The state law requiring petition circulators to collect necessary signatures in-person is unrealistic and dangerous.

Additionally, the inability to get the measure on the ballot this year would mean the current redistricting rules stay in place for another decade.

The North Dakota Ethics Commission website is now live.

The website, ethicscommission.nd.gov, includes board information, meeting minutes, and complaint forms.

At a recent meeting, the five-member board also discussed reconciling perceived conflicts in constitutional and statutory language related to commission procedures; additionally, they reviewed proposed 2021 ethics legislation covering legislators and executive branch officials.

The next meeting is scheduled in an online format for May 13.

David Thiele became the Executive Director of the newly formed Ethics Commission at the beginning of the year and chaired the first meeting of the commission January 22.

Thiele, a Bismarck resident and former judge advocate for the U.S. Army, said his background as an attorney and ethics counselor for the National Guard will help him establish ethics rules.

State law gives the commission nine months from its creation (April 2020) to take preliminary steps to create the new rules.

Thiele believes he can meet this goal, but noted the Commission will give members of the public a chance to comment and could ask for an extension, if necessary.

Rep. Jake Blum resigned from his District 42 seat on October 4, citing a move to Minnesota.

Republicans in District 42 will select a replacement to fill the vacant seat.

However, the replacement will not serve in the Legislature without winning a future election, since lawmakers will not meet in full session again until 2021 because of North Dakota’s biennial format.

The person selected will fill Blum’s committee assignments in the interim.

The next election for District 42 will be November 2020.

Gov. Doug Burgum and Senate leadership selected Ron Goodman, Ward Koeser, Cynthia Lindquist, Paul Richard, and David Anderson to North Dakota’s new state government ethics commission.

The candidates verbally accepted their appointments after the selection meeting.

Their terms will begin on September 1, with Goodman and Lindquist serving four-year terms.

Anderson will serve a three-year term, and Koeser and Richard will serve two-year terms.

The selection committee chose Goodman as chairman to convene the commission’s first meeting in September.

The Ethics Commission Selection Committee narrowed down the field of candidates from 24 to 17.

However, the July 1 deadline is being pushed back.

Gov. Doug Burgum stated there will be two more meetings in July to reach the final five candidates.

In order to be appointed to the ethics commission, a candidate must be unanimously approved by the governor, senate majority leader, and senate minority leader.