25.0969.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Hendrix, D. Ruby
A BILL for an Act to amend and reenact sections 16.1-03-01, 16.1-03-07, 16.1-03-11,
16.1-03-14, and 16.1-03-22 of the North Dakota Century Code, relating to political
organizations; and to repeal sections 16.1-03-03, 16.1-03-05, 16.1-03-08, and 16.1-03-17 of the
North Dakota Century Code, relating to district parties and district committees.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 16.1-03-01 of the North Dakota Century Code is
amended and reenacted as follows:
16.1-03-01. Party caucus - Time and manner of holding - Caucus call - Notice.
1.Each legislative district party shall organize in conformance with the state legislative
district boundaries as established by the legislative assembly and as set forth under
chapter 54-03.
2.On or before May fifteenth following the last preceding general election and after
redistricting of the legislative assembly becomes effective, a party caucus must be
held by every legislative district party. The legislative district party may organize the
caucus by precinct or on an at-large basis for the entire district.
3.The legislative district chairman of each party shall set the date and time for the party
caucus. If there is not a duly elected district chairman in a legislative district, the state
party executive committee may issue the call for the caucus. The call must contain the
following:
a.Name of party.
b.Legislative district number.
c.Date of caucus.
d.Place of caucus.
e.Hours of caucus.
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HOUSE BILL NO. 1431
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f.A statement of the business to be conducted, including participation requirements
established by state party and district bylaws or rules.
g.The name of the district chairman or, if there is not a duly elected district
chairman, the membername and contact information of the state party executive
committee issuing the call.
4.The district chairman or, if there is not a duly elected district chairman, the state party
executive committee shall provide ten days' published notice in the official newspaper
in circulation in the district. The notices must contain thatthe information set forth
inprovided under subsection 3.
5.Within thirty days of the effective date of a redistricting of the legislative assembly, the
state committee shall issue a call of a party caucus if:
a.A district does not share any geographical area with the same numbered district
before the most recent redistricting; or
b.A district with new geographic area has a population within the new geographic
area more than twenty - five percent of the district's total population as determined
in the most recent federal decennial census.
SECTION 2. AMENDMENT. Section 16.1-03-07 of the North Dakota Century Code is
amended and reenacted as follows:
16.1-03-07. Meeting of districtDistrict committee - Organization.
1.If a legislative district chooses to organize by precinct in every odd-numbered year, the
district committee of each party shall meet within fifteen days after the caucus
provided for in section 16.1-03-01. The day, hour, and site must be set by the existing
district committee chairman. Any incumbent members of the legislative assembly from
the party and any other individual provided for by the district committee's bylaws
constitute the district committee of the party. TheAt each party caucus, the district
committee of a party must be organized to coincide with the geographical boundary
lines of state legislative districts. Each member of any committee provided for in this
chapter must be a qualified elector.
2.The district committee shall select the officers of the district committee and forward to
the state committee the name and contact information of the district committee
chairman. The district committee may appoint an executive committee consistent with
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the bylaws of the district committee. That party's nominees for and members of the
legislative assembly shall serve as members of the executive committeeshall adopt
bylaws or rules which may not conflict with bylaws or rules of the state party or this
chapter.
3.If the office of chairman becomes vacant, the vacancy may be filled as provided by the
district party bylaws.
4.The bylaws of the state committee or state party may not include any requirement
providing directives or procedures for the method of the organization of district
committees nor may the state committee or state party take any action or impose any
requirement regarding district party organization unless a district lacks a district
committee that is able to carry out the responsibilities under this chapter. A state party
may not take any action that is inconsistent with this chapter.
5.After redistricting of the legislative assembly becomes effective, the state party chair
may appoint a temporary district party organization chair in any newly established
district or a district that lacks a district committee able to carry out the responsibilities
of this chapter. The temporary district party organization chair shall organize the
district political party as closely as possible in conformance with this chapter to assure
compliance with primary election filing deadlines.
SECTION 3. AMENDMENT. Section 16.1-03-11 of the North Dakota Century Code is
amended and reenacted as follows:
16.1-03-11. State committee - Meetings - Organization.
On or before July first of each odd - numbered year, a political party shall organize a state
committee by electing officers as provided for by its bylaws or rules. The state committee shall
meet on or before July first of each odd-numbered year. The committee shall organize by
selecting officers as provided for byparty consists of the chairman of district committees of the
party and any individual provided for under the state committeeparty bylaws and by adopting
rules and modes of procedure, including rules and procedures regarding the selection of state
convention delegatesor rules. Within thirty days following the state committee's organization,
the newly elected chairman shall notify the secretary of state of the names of the party officers
selectedWithin thirty days, the newly elected state chairman shall notify the secretary of state of
the names of the party officers elected.
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SECTION 4. AMENDMENT. Section 16.1-03-14 of the North Dakota Century Code is
amended and reenacted as follows:
16.1-03-14. State party convention.
1.The state party state committeechairman shall set the place and time of the state party
convention to be held in each general election year. Subject to party rules and bylaws,
the state party convention may:
a.Adopt rules to govern a convention held under this section.
b.Nominate the legal number of elector nominees and alternate elector nominees
for its party for the offices of presidential electors. The nominees must be
qualified electors of this state.
b.c.Elect the required number of delegates and alternates to the national party
convention.
c.d.Endorse candidates as provided under subsection 2.
2.The candidate or candidates for endorsement or election must be declared endorsed
or elected under the rules of the party, and the chairman and secretary of the
convention shall issue certificates of endorsement as provided in section 16.1-11-06 or
certificates of election. The names of the qualified electors nominated for presidential
electors the party wishes to place on the general election ballot must be certified by
the chairman and secretary of the convention to the secretary of state by four p.m. on
the sixty-fourth day before the general election to be placed upon the general election
ballot as provided in section 16.1-06-07.1.
SECTION 5. AMENDMENT. Section 16.1-03-22 of the North Dakota Century Code is
amended and reenacted as follows:
16.1-03-22. Liability of officers and members.
1.Officers and executive committee membersof a political party organization are immune
from civil liability for any act or omission relating to their service or function as an
officer or executive committee member, unless the act or omission constitutes gross or
willful negligence or gross or willful misconduct.
2.Members of a political organization are neither obligated to pay, nor liable upon, any
political organization obligation.
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SECTION 6. REPEAL. Sections 16.1-03-03, 16.1-03-05, 16.1-03-08, and 16.1-03-17 of the
North Dakota Century Code are repealed.
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