BISMARCK, N.D. – Two individuals are asking the North Dakota Supreme Court to determine whether or not Senate Concurrent Resolution 4008 is unconstitutional, and therefore void.
Terence Bjerke and Leverrett Larsen filed the lawsuit against the Legislative Assembly and Secretary of State Michael Howe. Bjerke was a member of the sponsoring committee of the Term Limits Initiative, and Larsen is a former member of the North Dakota Senate.
A bill was enacted by action of the 69th Legislative Assembly and deals with term limits.
In 2022, North Dakota voters approved a constitutional measure that established executive and legislative branch term limits. Then, in the 69th Legislative Assembly, the resolution repealed a section of North Dakota’s Constitution relating to the term limits.
The measure passed in 2022 limited legislators to eight years in the Senate and eight years in the House, while the Senate Concurrent Resolution gave legislators 16 years total in either chamber.
Voters are set to vote on the measure created by the Senate Concurrent Resolution this November.
Bjerke and Larsen contend Senate Concurrent Resolution 4008 exceeds the Legislative Assembly’s authority, violates Article 3 of Section 8 of the state constitution and asks the Court to declare that the ‘unconstitutional legislation is void and is to be treated as if it never were enacted.’
