State constitution
Constitution of North Dakota
Data from ND Legislative Branch
Full 16-article structure with condensed section text. Article IV (Legislative Branch) shows its active sections 1-16; its historical sections 17-46 (repealed/renumbered in the legislative-article rewrite) are summarized. Repealed sections elsewhere are marked. Read the verbatim text at the source link.
Article I Declaration of Rights
§ 1 Inalienable rights; right to bear arms
All individuals are by nature equally free and independent with inalienable rights, including enjoying and defending life and liberty, acquiring and protecting property and reputation, pursuing safety and happiness, and keeping and bearing arms for defense and lawful purposes, which shall not be infringed.
§ 2 Political power in the people
All political power is inherent in the people; government is instituted for their protection and benefit, and they have the right to alter or reform it whenever the public good may require.
§ 3 Religious liberty
Free exercise of religious profession and worship is forever guaranteed without discrimination or preference, and no one is rendered incompetent as witness or juror by religious belief; liberty of conscience does not excuse licentiousness or acts against public peace.
§ 4 Freedom of speech and press; libel
Every person may freely write, speak, and publish opinions, responsible for abuse of that privilege; in libel cases truth may be given in evidence and the jury determines law and facts.
§ 5 Right to assemble and petition
Citizens have the right to assemble peaceably for the common good and to petition those in government for redress of grievances or other proper purposes.
§ 6 Slavery prohibited
Neither slavery nor involuntary servitude, except as punishment for crime, shall ever be tolerated in this state.
§ 7 Right to obtain employment
Every citizen is free to obtain employment wherever possible, and maliciously hindering any citizen from obtaining or enjoying employment is a misdemeanor.
§ 8 Searches and seizures
The people are secure against unreasonable searches and seizures; no warrant shall issue except upon probable cause supported by oath, describing the place, persons, and things.
§ 9 Open courts; remedy; suits against the state
All courts shall be open and every person shall have remedy by due process for injury to lands, goods, person, or reputation, with justice administered without sale, denial, or delay; suits may be brought against the state as the legislature directs.
§ 10 Indictment and information
Felonies are prosecuted by indictment or information (except military cases); the legislative assembly may change, regulate, or abolish the grand jury system.
§ 11 Bail; fines; punishment
All persons are bailable by sufficient sureties except for capital offenses when proof is evident; excessive bail and fines and cruel or unusual punishments are prohibited, and witnesses shall not be unreasonably detained.
§ 12 Rights of the accused; double jeopardy; due process
The accused has the right to a speedy public trial, compulsory process for witnesses, and to defend in person and by counsel; no person shall be twice put in jeopardy, compelled to be a witness against himself, or deprived of life, liberty, or property without due process.
§ 13 Trial by jury
The right of trial by jury remains inviolate; those facing more than one year of confinement have a right to a twelve-member jury, other juries may be as few as six, and all verdicts must be unanimous.
§ 14 Habeas corpus
The privilege of the writ of habeas corpus shall not be suspended except in cases of rebellion or invasion when public safety requires.
§ 15 Imprisonment for debt
No person shall be imprisoned for debt except on refusal to deliver up his estate, in cases of tort, or where there is strong presumption of fraud.
§ 16 Eminent domain; just compensation
Private property shall not be taken or damaged for public use without just compensation first paid; economic development is not a public use, and property may not be taken for private ownership unless necessary for a common carrier or utility.
§ 17 Treason
Treason consists only in levying war against the state or aiding its enemies; conviction requires two witnesses to the same overt act or confession in open court.
§ 18 Attainder; ex post facto; contracts
No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.
§ 19 Military subordinate; quartering
The military is subordinate to civil power; no standing army in peacetime, and no quartering of soldiers in any house without the owner's consent except as prescribed in war.
§ 20 Rights reserved; inviolate
Everything in this article is excepted out of the general powers of government and shall forever remain inviolate.
§ 21 Privileges and immunities
No special privileges or immunities shall be granted that cannot be altered or repealed, and no citizen or class may be granted privileges not granted to all on the same terms.
§ 22 Uniform operation of laws
All laws of a general nature shall have a uniform operation.
§ 23 Supremacy of federal Constitution
North Dakota is an inseparable part of the American union and the Constitution of the United States is the supreme law of the land.
§ 24 Constitution mandatory
The provisions of this constitution are mandatory and prohibitory unless expressly declared otherwise.
§ 25 Rights of crime victims (Marsy's Law)
Crime victims are guaranteed enforceable rights beginning at victimization — including fairness and dignity, protection from the accused, notice of and presence at proceedings, the right to be heard, restitution, privacy, and notice of release — no less vigorous than those afforded the accused.
Article II Elective Franchise
§ 1 Qualified electors; elections
The general election is held biennially; a qualified elector is a U.S. citizen at least eighteen who is a North Dakota resident, and the legislature provides for secrecy, absentee voting, election administration, and nomination of candidates.
§ 2 Disqualification from voting
No person adjudged mentally incompetent (until rescinded) and no felon (until civil rights are restored) is qualified to vote.
§ 3 Only qualified electors may vote
Only a qualified elector may vote in any election for federal, statewide, legislative, district, county, township, city, or school district office, or on any ballot measure.
Article III Powers Reserved to the People
§ 1 Initiative, referendum, and recall reserved
Though legislative power is vested in the legislative assembly, the people reserve the power to propose and enact laws by initiative, to approve or reject acts by referendum, to amend the constitution by initiative, and to recall elected officials; the article is self-executing and mandatory.
§ 2 Petition form and approval
A petition to initiate or refer a measure must be approved as to form by the secretary of state, presented over the names of twenty-five or more elector sponsors with a chairman and the full text of the measure.
§ 3 Circulation of petitions
Petitions may be circulated only by electors, who swear signers signed in their presence; each signer adds the date and address, and no law may limit the number of petition copies.
§ 4 Signatures required for measures
A petition may be submitted if signed by electors equal to two percent of the state's resident population at the last federal decennial census.
§ 5 Submission deadlines; suspension of law
An initiative petition is submitted at least 120 days before the election; a referendum petition within 90 days after filing suspends the measure except emergency and appropriation acts, which continue in effect.
§ 6 Sufficiency; review
The secretary of state passes on each petition, allowing 20 days to correct an insufficient one, and all decisions are subject to review by the supreme court.
§ 7 Supreme court review of decisions
All decisions of the secretary of state in the petition process are subject to review by the supreme court in its original jurisdiction, filed no later than 75 days before the election.
§ 8 Effect of vote; amendment by legislature
A measure approved by a majority is enacted and becomes law 30 days after the election; a measure approved by the electors may not be repealed or amended by the legislature for seven years except by a two-thirds vote.
§ 9 Constitutional amendment by initiative
A constitutional amendment may be proposed by initiative petition limited to a single subject, submitted if signed by electors equal to four percent of the state's resident population.
§ 10 Recall of elected officials
Any elected state, county, or district official is subject to recall by petition of electors equal to twenty-five percent of those who voted for governor at the last general election; a special election follows unless the official resigns.
Article IV Legislative Branch
§ 1 Composition of the legislative assembly
The senate has 40 to 54 members and the house of representatives 80 to 108 members, jointly designated the legislative assembly.
§ 2 Districts; apportionment; equal representation
The assembly fixes the number of members and divides the state into compact, contiguous senatorial districts, guaranteeing as nearly as practicable equal voting power, with one senator and at least two representatives per district.
§ 3 Staggered elections
The assembly provides that about half the members of each house are elected biennially.
§ 4 Terms of members
Senators and representatives are elected for terms of four years.
§ 5 Qualifications of members
Each member must be a qualified elector of the district and a state resident for one year before election, and must live in the district represented.
§ 6 Incompatible offices
A member may not hold a full-time appointive state office, nor during his term be appointed to any full-time office created (or whose pay was raised above the general rate) during that term.
§ 7 Terms begin; sessions; session limits
Terms begin December 1 after election; the assembly meets to organize, then convenes in January, and no regular session may exceed eighty natural days per biennium; neither house may recess more than three days without consent.
§ 8 Presiding officer of the house
The house of representatives elects one of its members as presiding officer at the start of each organizational session.
§ 9 Legislative bribery
A member who trades or solicits a vote or influence for another's vote is guilty of bribery or solicitation of bribery, is expelled and barred from the assembly, and is liable to further penalty on conviction.
§ 10 Ineligibility for corruption
No member expelled for corruption and no person convicted of bribery, perjury, or other infamous crime is eligible to the legislative assembly or to any office in it.
§ 11 Vacancies
The legislative assembly may provide by law a procedure to fill vacancies in either house.
§ 12 Quorum; rules; expulsion
A majority of each house is a quorum; each house judges its members' qualifications (subject to judicial review), determines its rules, and may expel a member by a two-thirds vote.
§ 13 Journals; passage of bills; effective dates
Each house keeps a journal; no bill becomes law except by recorded majority vote of members elected to each house, bills embrace a single subject expressed in the title and are read on two separate days, and effective dates and emergency measures are specified.
§ 14 Open sessions
All sessions of the legislative assembly and its committees must be open and public.
§ 15 Legislative immunity
Members are immune from arrest during and traveling to and from sessions except for felony, and may not be questioned elsewhere for any speech or debate in legislative proceedings.
§ 16 Amendments proposed by the legislature
Any single-subject amendment agreed to by a majority of the members elected to each house is submitted to the electors and adopted if approved by a majority voting on it.
§ 17-46 Repealed and renumbered
The original sections 17-46 of the legislative article were repealed or renumbered when the article was rewritten and are no longer in force.
Article V Executive Branch
§ 1 Governor; term
The executive power is vested in the governor, who resides at the state capital and holds office for a four-year term until a successor qualifies.
§ 2 Elected state officials
The electors choose the governor, lieutenant governor, agriculture commissioner, attorney general, auditor, insurance commissioner, three public service commissioners, secretary of state, superintendent of public instruction, tax commissioner, and treasurer, whose duties are prescribed by law.
§ 3 Joint ballot for governor and lieutenant governor
The governor and lieutenant governor are elected on a joint ballot; the pair with the highest number of votes is elected.
§ 4 Qualifications
Elected officials must be qualified electors at least 25 and state residents for five years; governor and lieutenant governor must be at least 30, and the attorney general must be licensed to practice law.
§ 5 Terms of elected officials
Terms are four years (six for public service commissioners, staggered); the terms of governor and lieutenant governor begin December 15 after election.
§ 6 Officials hold office at the capital
The elected state officials and chief executive officers of the principal departments hold office in the state capital.
§ 7 Powers and duties of the governor
The governor is chief executive, sees that the laws are faithfully executed, is commander-in-chief of state military forces, may call special sessions, reports on the condition of the state, and may grant reprieves, commutations, and pardons.
§ 8 Filling vacancies; appointments
The governor fills vacancies by appointment where no other method is provided and makes temporary appointments during a senate recess, subject to later confirmation.
§ 9 Approval and veto of bills
Every bill is presented to the governor, who may sign, veto, or veto items in an appropriation bill; a two-thirds vote of members elected to each house overrides a veto.
§ 10 Bribery by the governor
A governor who solicits or accepts a bribe, or who uses the veto power, appointments, or removals to coerce a legislator's vote, is punished and forfeits all right to hold office.
§ 11 Succession
The lieutenant governor succeeds to the office of governor when a vacancy occurs; if he cannot serve, the secretary of state acts as governor.
§ 12 Lieutenant governor as president of the senate
The lieutenant governor serves as president of the senate and may cast a decisive vote when it is equally divided.
Article VI Judicial Branch
§ 1 Judicial power; unified system
The judicial power is vested in a unified judicial system consisting of a supreme court, a district court, and other courts provided by law.
§ 2 Supreme court
The supreme court is the highest court, with appellate and original jurisdiction and authority to issue remedial writs, consisting of five justices, one designated chief justice.
§ 3 Rulemaking; administration
The supreme court promulgates rules of procedure and rules for the admission and discipline of attorneys; the chief justice is administrative head of the system and may assign judges.
§ 4 Quorum; unconstitutionality
A majority of the supreme court is a quorum, but at least four justices must concur to declare a legislative enactment unconstitutional.
§ 5 Written opinions
When a judgment is reversed, modified, or affirmed, the reasons are stated in writing and filed, and any dissenting justice may state the reason in writing.
§ 6 Appeals
Appeals are allowed from decisions of lower courts to the supreme court as provided by law.
§ 7 Justices; terms
Supreme court justices are chosen by the electors for ten-year terms, staggered so one is elected every two years, with compensation not diminished during a term.
§ 8 District court jurisdiction
The district court has original jurisdiction of all causes except as otherwise provided, appellate jurisdiction as provided, and authority to issue necessary writs.
§ 9 Judicial districts; district judges
The state is divided into judicial districts by order of the supreme court, with district judges chosen by the electors of the district for six-year terms.
§ 10 Qualifications; restrictions on judges
Supreme and district judges must be U.S. citizens, state residents, and learned in the law, may not practice law or hold non-judicial office, and may not be paid from fees.
§ 11 Disqualification and substitution
When a justice or judge has a conflict of interest or is incapacitated, the chief justice assigns another judge or retired judge to hear the cause.
§ 12 Retirement, discipline, and removal
The legislative assembly may provide for the retirement, discipline, and removal of judges, in addition to impeachment.
§ 12.1 Discipline and removal of supreme and district judges
The legislative assembly may provide for the retirement, discipline, and removal of supreme and district court judges, in addition to impeachment.
§ 13 Judicial nominating committee; appointment
A judicial nominating committee is established by law; the governor fills judicial vacancies from its list of nominees (or calls a special election), and appointments continue until the next general election, subject to a minimum two-year service rule.
Article VII Political Subdivisions
§ 1 Purpose; local self-government
The purpose of this article is to provide maximum local self-government by all political subdivisions with a minimum duplication of functions.
§ 2 Establishment and powers
The legislative assembly provides for the establishment and government of all political subdivisions, each exercising the powers provided by law.
§ 3 Counties declared
The several counties as they now exist are declared to be counties of the state of North Dakota.
§ 4 County seats
The assembly may provide for relocating county seats within counties but may not remove any county seat.
§ 5 Boundary changes
Counties may be annexed, merged, consolidated, reclassified, or dissolved only as provided by law and with approval of a majority of the electors of each affected county.
§ 6 Home rule
The assembly provides for home rule in counties and cities, operative only after approval by a majority of the electors, with city debt limits not restricting home-rule cities.
§ 7 Optional forms of county government
The assembly provides optional forms of county government, operative only after voter approval; otherwise a board of county commissioners governs.
§ 8 County services and elective offices
Each county provides law enforcement and other services; elective county offices have four-year terms, and the office of sheriff is elective, with the sheriff a resident of the jurisdiction.
§ 9 Ballot questions by petition
Questions on the form of county government or elimination of elective offices may be placed on the ballot by petition of electors equal to twenty-five percent of the votes for governor at the last election.
§ 10 Intergovernmental agreements
Any political subdivision may make agreements, including joint administration, with other subdivisions, the state, or the United States, and may transfer or revoke powers to its county.
§ 11 City utility franchises
A city's power to franchise the construction and operation of public utilities within the city shall not be abridged by the legislative assembly.
Article VIII Education
§ 1 System of public schools
Because an intelligent and moral citizenry is necessary to self-government, the assembly shall establish and maintain a system of public schools open to all children and free from sectarian control, a requirement irrevocable without consent of the United States and the people.
§ 2 Uniform free public schools
The assembly provides a uniform system of free public schools from primary through higher education, though it may authorize tuition and fees for public higher education.
§ 3 Instruction in virtues
Instruction shall as far as practicable impress the importance of truthfulness, temperance, purity, public spirit, and respect for honest labor.
§ 4 Preventing illiteracy; improvements
The assembly shall prevent illiteracy, secure reasonable uniformity of study, and promote industrial, scientific, and agricultural improvements.
§ 5 State control; no sectarian aid
All colleges and educational institutions supported by land grants or public tax remain under exclusive state control, and no public school money shall support any sectarian school.
§ 6 State board of higher education
A state board of higher education of eight members controls and administers the state's institutions of higher education, appointed by the governor from nominating lists with senate confirmation, removable only by impeachment, and appointing a commissioner of higher education.
Article IX Trust Lands
§ 1 Perpetual trust funds
Proceeds of public lands granted for the common schools and for specific institutions, escheats, and gifts form perpetual trust funds managed to preserve purchasing power and maintain stable distributions to beneficiaries.
§ 2 Distributions
Distributions from the common schools trust fund must be used each year for the benefit of the common schools and never diverted; biennial distributions are ten percent of the five-year average value of trust assets.
§ 3 Board of university and school lands
The superintendent of public instruction, governor, attorney general, secretary of state, and treasurer comprise the board of university and school lands, controlling the appraisal, sale, rental, and disposal of school and university lands.
§ 4 Appraisal of lands
Public officers constitute boards of appraisal that appraise school lands at actual value and first designate the most valuable lands for sale.
§ 5 Conditions of sale; mineral reservation
School lands may be sold under stated limits on timing, and in all sales the minerals are reserved to the state, subject to leasing for extraction as the assembly provides.
§ 6 Terms of sale
Original grant land shall not be sold below fair market value (never less than ten dollars per acre); sales are at public auction after notice, with taxation and default provisions.
§ 7 Institutional lands
Lands for specific educational or charitable institutions are appraised and sold like common-school lands, with a distinct account kept for each fund.
§ 8 Leasing of trust lands
The assembly may provide for leasing educational and charitable lands, but not for more than five years and only at public auction, with rents paid in advance.
§ 9 No claims for occupation
No law shall grant privileges by reason of occupation, cultivation, or improvement of public lands, nor use such improvement to diminish the purchase price.
§ 10 Other granted lands
The assembly may provide for the sale or disposal of federally granted lands for purposes other than those in section 1, free of the limitations in sections 1 through 11.
§ 11 Safekeeping of school funds
The assembly shall pass laws for the safekeeping, transfer, and disbursement of school funds and require bonds; conversion or improper handling of school funds is embezzlement and a felony.
§ 12 Permanently located institutions (first grant)
Named public institutions — the seat of government at Bismarck, the university at Grand Forks, the agricultural college at Fargo, and others — are permanently located and endowed with specific federal land grants.
§ 13 Located institutions (remaining grant)
Additional institutions — a soldiers' home at Lisbon, the school for the blind, a school of science at Wahpeton, state colleges at Minot and Dickinson, and others — are located with allotted lands, and no similar institution may be established without a constitutional amendment.
Article X Finance and Public Debt
§ 1 No state property tax
The legislative assembly is prohibited from raising revenue for state expenses through a tax on the assessed value of real or personal property.
§ 2 Power of taxation not surrendered
The power of taxation shall never be surrendered or suspended by any grant or contract to which the state or a municipal corporation is a party.
§ 3 Taxes by law; income tax by reference
No tax shall be levied except by law stating its object; income taxes may be defined by reference to federal law with exceptions and modifications.
§ 4 Assessment; central assessment of utilities
Taxable property is assessed where situated, but railroads, utilities, and carriers are assessed by the state board of equalization.
§ 5 Uniformity; exemptions
Taxes shall be uniform upon the same class of property; the assembly may exempt classes of personal property, and public, school, religious, cemetery, and charitable property is exempt.
§ 6 Repealed
Repealed.
§ 7 Hail indemnity acreage tax
The legislature may levy an acreage tax on lands to indemnify owners of growing crops against hail damage, with exemptions for certain lands.
§ 8 Implementing laws
The legislative assembly shall pass all laws necessary to carry out the provisions of this article.
§ 9 Hail insurance fund
The assembly may levy a tax on lands to create a fund insuring owners of growing crops against hail losses, classifying lands and varying rates by risk.
§ 10 State medical center mill levy
A one-mill levy on all taxable property is annually levied for the North Dakota state medical center at the university, self-executing but subject to facilitating legislation.
§ 11 Highway fund dedication
Revenue from motor fuel and vehicle registration taxes (except aviation fuel) shall be used solely for construction, repair, and maintenance of public highways and related obligations.
§ 12 Public moneys; appropriations; warrants
All public moneys are paid to the state treasurer and disbursed only on appropriation, and no claim against the state is paid except on itemized statement and warrant, with stated exceptions.
§ 13 State bonds; debt limits
The state may issue or guarantee bonds within stated limits, secured by mortgage, and further debt requires a defined bond issue with a tax to pay principal within thirty years.
§ 14 Bonds for power development
For economic growth and resource development, the state may issue general obligation and revenue bonds to loan to enterprises for power generation and transmission facilities within stated limits.
§ 15 Local debt limits
The debt of any county, city, school district, or other subdivision shall not exceed five percent of assessed taxable value, with defined exceptions for cities, school districts, and revenue-producing utilities.
§ 16 Local tax for debt
Any subdivision incurring indebtedness shall provide for an annual tax to pay interest and principal, and laws for such payment are irrepealable until the debt is paid.
§ 17 Bond certificates
No state or local bond is valid unless it bears a certificate that it is issued pursuant to law and within the debt limit.
§ 18 Internal improvements; credit not loaned
The state, counties, and cities may make internal improvements and engage in industry, but shall not otherwise loan credit, make donations to, or own stock in any association or corporation, except reasonable support of the poor.
§ 19 Terminal grain elevators outside the state
The assembly may provide for erecting, leasing, and operating terminal grain elevators in Minnesota or Wisconsin, with inspection, weighing, and grading of grain.
§ 20 Terminal grain elevators in the state
The assembly may provide for erecting, leasing, and operating terminal grain elevators within North Dakota, with inspection, weighing, and grading of grain.
§ 21 Coal severance trust fund
At least fifteen percent of the coal severance tax is placed in a permanent trust fund administered by the board of university and school lands, with income and appropriations for lignite research and clean coal projects.
§ 22 Resources trust fund
The assembly may allocate a percentage of oil extraction tax revenue to a resources trust fund, spent only for water-related projects and energy conservation programs.
§ 23 Adjusted compensation for veterans
The assembly may provide adjusted compensation, by appropriation or bonds, to North Dakota residents who served in the Persian Gulf, Grenada, Lebanon, or Panama conflicts, or their heirs.
§ 24 Oil extraction tax allocations
Ten percent of oil extraction tax revenue is deposited in the common schools trust fund and ten percent in the foundation aid stabilization fund, which offsets school-aid reductions during revenue shortfalls.
§ 25 Veterans' postwar trust fund
The veterans' postwar trust fund is a permanent trust fund, invested by the state treasurer, whose income funds programs benefiting veterans and their dependents.
§ 26 Legacy fund
Thirty percent of oil and gas production and extraction tax revenue is transferred to the legacy fund, whose principal may be expended only by a two-thirds vote and not more than five percent per biennium, with earnings distributed as provided by law.
§ 27 No mortgage or transfer taxes
Neither the state nor any subdivision may impose mortgage taxes or sales or transfer taxes on the mortgage or transfer of real property.
Article XI General Provisions
§ 1 Name and boundaries
The name of this state is North Dakota, consisting of the territory within the described boundary from the Red River of the North along Minnesota and the described parallels and meridians.
§ 2 Great seal
The great seal of the state depicts a tree, wheat bundles, a plow, an Indian pursuing a buffalo, forty-two stars, and the motto Liberty and Union Now and Forever, One and Inseparable, with State of North Dakota and the date October 1st, 1889.
§ 3 Streams remain state property
All flowing streams and natural watercourses shall forever remain the property of the state for mining, irrigating, and manufacturing purposes.
§ 4 Oath of office
Members of the legislative, executive, and judicial branches take an oath to support the Constitutions of the United States and North Dakota and faithfully discharge their duties, and no other test may be required for office.
§ 5 Open meetings
Unless otherwise provided by law, all meetings of public bodies of the state or its subdivisions supported by public funds shall be open to the public.
§ 6 Open records
Unless otherwise provided by law, all records of public bodies supported by public funds shall be public records, open for inspection during reasonable office hours.
§ 7 Continuity of government
The assembly shall provide for prompt temporary succession to public offices and continuity of governmental operations in emergencies resulting from enemy attack.
§ 8 Power of impeachment
The house of representatives has the sole power of impeachment, requiring the concurrence of a majority of all members elected.
§ 9 Trial of impeachments
Impeachments are tried by the senate under oath; conviction requires two-thirds of members elected, and the presiding judge of the supreme court presides when the governor or lieutenant governor is tried.
§ 10 Officers liable to impeachment
The governor and other state and judicial officers are liable to impeachment for drunkenness, crimes, corrupt conduct, or malfeasance; judgment extends only to removal and disqualification, but the accused remains liable to prosecution.
§ 11 Removal of other officers
Officers not liable to impeachment may be removed for misconduct, malfeasance, crime, drunkenness, or gross incompetency as provided by law.
§ 12 Suspension after impeachment
No officer shall exercise the duties of his office after being impeached and before acquittal.
§ 13 Lieutenant governor at governor's trial
On the trial of an impeachment against the governor, the lieutenant governor shall not act as a member of the court.
§ 14 Notice before trial
No person shall be tried on impeachment before being served with a copy at least twenty days before trial.
§ 15 No double impeachment
No person shall be liable to impeachment twice for the same offense.
§ 16 Militia composition
The reserve militia consists of able-bodied individuals eighteen and older; the active militia is the national guard, and conscientious objectors may not be compelled to bear arms in peacetime.
§ 17 Organization of militia
The militia shall be enrolled, organized, uniformed, armed, and disciplined as provided by law, consistent with federal law.
§ 18 Volunteer organizations
The assembly provides for volunteer military organizations classed as active militia, and no other armed body may perform military duty without the governor's proclamation.
§ 19 Militia officers
All militia officers shall be appointed or elected as the assembly provides.
§ 20 Commissioning of officers
Commissioned militia officers are commissioned by the governor and removed only by court-martial.
§ 21 Militia privileged from arrest
Militia forces are privileged from arrest, except for treason, felony, or breach of peace, during musters, parades, and elections of officers.
§ 22 Homestead and personal property exemption
The debtor's right to a homestead and reasonable personal property, exempt from forced sale, shall be recognized by law, subject to liens for improvements.
§ 23 Married woman's separate property
A woman's property acquired before or after marriage is her separate property and not liable for her husband's debts.
§ 24 Child labor
The labor of children under twelve years of age is prohibited in mines, factories, and workshops.
§ 25 Games of chance; lottery
The assembly shall not authorize games of chance, lotteries, or gift enterprises, except joining a multi-state lottery and authorizing certain nonprofit organizations to conduct games of chance for public-spirited uses.
§ 26 Coequal branches; compensation
The legislative, executive, and judicial branches are coequal, and their elected members receive only compensation specifically set by law plus necessary expenses.
§ 27 Right to hunt, trap, and fish
Hunting, trapping, and fishing are a valued part of the heritage, forever preserved for the people and managed by law for the public good.
§ 28 Marriage defined
Marriage consists only of the legal union between a man and a woman, and no other domestic union may be recognized as a marriage or given equivalent legal effect.
§ 29 Right to farm and ranch
The right of farmers and ranchers to engage in modern farming and ranching practices is forever guaranteed, and no law may abridge the right to employ agricultural technology and modern practices.
Article XII Corporations Other Than Municipal
§ 1 Definition
The term corporation as used in this article does not embrace municipalities or political subdivisions unless expressly stated.
§ 2 Charters subject to the Constitution
All corporate charters are held subject to this constitution, and the assembly may provide by general laws for the organization and regulation of corporations, subject to future repeal or amendment.
§ 3 Repealed
Repealed.
§ 4 Repealed
Repealed.
§ 5 Eminent domain; police power
The right of eminent domain and the police power shall never be abridged so as to prevent taking corporate property for public use or to permit corporations to infringe the rights of individuals or the general well-being of the state.
§ 6 Cumulative voting
Unless otherwise provided in the articles of incorporation, each shareholder may cast the whole number of votes for one candidate or distribute them, though cooperatives may limit voting power.
§ 7 Repealed
Repealed.
§ 8 Repealed
Repealed.
§ 9 Repealed
Repealed.
§ 10 Local consent for utilities
No law may grant the right to construct and operate a street railroad, telegraph, telephone, or electric light plant within a city without requiring the consent of the local authorities controlling the street.
§ 11 Repealed
Repealed.
§ 12 Repealed
Repealed.
§ 13 Repealed
Repealed.
§ 14 Repealed
Repealed.
§ 15 Repealed
Repealed.
§ 16 Combinations controlling prices prohibited
Any combination controlling the price of any product of the soil, article of manufacture, or cost of exchange or transportation is unlawful and against public policy, and franchises are annulled when their owners violate this article.
§ 17 Repealed
Repealed.
Article XIII Compact With the United States
§ 1 Religious toleration
Perfect toleration of religious sentiment must be secured, and no inhabitant may ever be molested in person or property on account of his mode of religious worship.
§ 2 Jurisdiction over military reservations
Jurisdiction is ceded to the United States over named military reservations, provided state civil and criminal process extends over them where exclusive federal jurisdiction is not vested.
§ 3 Acceptance of land grants
The state accepts the several grants of land made by the Enabling Act under its conditions and limitations, reserving the right to apply to Congress for modification in case of necessity.
§ 4 Enabling Act continued
The other provisions of the Enabling Act of February 22, 1889, and former section 1 are continued in effect and remain irrevocable without the consent of the United States and the people.
Article XIV Ethics Commission
§ 1 Right to know sources of influence
The people have the right to know in a timely manner the source, quantity, timing, and nature of resources used to influence elections and state government action, and the assembly must enact disclosure laws requiring public reporting of funds over two hundred dollars.
§ 2 Gifts, lobbying, and foreign contributions
Lobbyists may not give gifts to public officials, elected officials may not lobby for two years after office, lobbyists may not deliver others' contributions, contributions may not be used for personal enrichment, agency heads must avoid bias, and foreign contributions are prohibited.
§ 3 Ethics Commission established
The North Dakota ethics commission is established with authority to adopt ethics rules on transparency, corruption, elections, and lobbying, to investigate violations, and to maintain a whistleblower hotline; it consists of five members appointed by consensus for four-year terms.
§ 4 Self-executing; definitions
The article is self-executing and mandatory, defines public office and agency, is severable, and controls in any conflict with other constitutional provisions.
Article XV Term Limits
§ 1 Legislative term limits
No individual may serve more than eight cumulative years in the house of representatives or more than eight cumulative years in the senate.
§ 2 Gubernatorial term limits
No individual may be elected governor more than twice, without preventing the lieutenant governor or secretary of state from succeeding to or acting as governor.
§ 3 Prospective effect
The limitations have prospective effect only, and service or election before the effective date is not counted; the lieutenant governor's service as president of the senate does not count.
§ 4 Amendment reserved to the people
The legislative assembly may not propose an amendment to alter or repeal the legislative term limits; that authority is reserved to the people by initiative petition.
§ 5 Effective date
The amendment is effective on the first day of January immediately following approval by the voters.
§ 6 Severability
The provisions are severable, and the article controls in any conflict with other constitutional provisions.
Article XVI Congressional Age Limits
§ 1 Age limit for federal office
No person may be elected or appointed to a term in the United States Senate or House if that person could attain eighty-one years of age by the December 31 preceding the end of the term.
§ 2 Ballot exclusion
Notwithstanding any judicial determination, no candidate barred under section 1 shall appear on the ballot to be nominated for or elected to such offices.
§ 3 Ballot advisory
If superior law requires age-limited candidates to appear on the ballot, a parenthetical advisory stating the candidate's age by the end of the term shall appear next to their name.
§ 4 Effective date; enforcement
The article takes effect immediately, any elector has standing to enforce it, and expedited judicial review is provided, with the attorney general directed to defend it.
§ 5 Severability
The provisions are severable, and the article controls in any conflict with other constitutional provisions.
Full, verbatim text at ND Legislative Branch