1 | 1 | | 25.3056.01000 |
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2 | 2 | | Sixty-ninth |
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3 | 3 | | Legislative Assembly |
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4 | 4 | | of North Dakota |
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5 | 5 | | Introduced by |
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6 | 6 | | Senators Magrum, Walen |
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7 | 7 | | Representative Osowski |
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8 | 8 | | A concurrent resolution to amend and reenact section 2 of article V of the Constitution of North |
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9 | 9 | | Dakota, relating to the election of public service commissioners; to provide for application; and |
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10 | 10 | | to provide an effective date. |
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11 | 11 | | STATEMENT OF INTENT |
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12 | 12 | | The measure increases the elected members of the public service commission to five members |
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13 | 13 | | and requires the legislative assembly to divide the state into five districts for the election of the |
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14 | 14 | | five members to the public service commission. |
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15 | 15 | | BE IT RESOLVED BY THE SENATE OF NORTH DAKOTA, THE HOUSE OF |
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16 | 16 | | REPRESENTATIVES CONCURRING THEREIN: |
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17 | 17 | | That the following proposed amendment to section 2 of article V of the Constitution of North |
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18 | 18 | | Dakota is agreed to and must be submitted to the qualified electors of North Dakota at the |
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19 | 19 | | general election to be held in 2026, in accordance with section 16 of article IV of the |
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20 | 20 | | Constitution of North Dakota. |
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21 | 21 | | SECTION 1. AMENDMENT. Section 2 of article V of the Constitution of North Dakota is |
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22 | 22 | | amended and reenacted as follows: |
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23 | 23 | | Section 2. The qualified electors of the state at the times and places of choosing members |
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24 | 24 | | of the legislative assembly shall choose a governor, lieutenant governor, agriculture |
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25 | 25 | | commissioner, attorney general, auditor, insurance commissioner, three public service |
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26 | 26 | | commissioners, secretary of state, superintendent of public instruction, tax commissioner, and |
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27 | 27 | | treasurer. The legislative assembly may by law provide for a department of labor to be |
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28 | 28 | | administered by a public official who may be either elected or appointed. |
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29 | 29 | | The public service commission consists of five public service commissioners. The |
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30 | 30 | | legislative assembly shall divide the state into five districts of compact and contiguous territory |
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31 | 31 | | and a commissioner must be elected from each district for a term of four years, as provided by |
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32 | 32 | | law. On the day of the election, a commissioner must be a qualified elector in the district from |
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33 | 33 | | Page No. 1 25.3056.01000 |
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34 | 34 | | SENATE CONCURRENT RESOLUTION NO. 4015 |
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60 | 60 | | 25 Sixty-ninth |
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61 | 61 | | Legislative Assembly |
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62 | 62 | | which the commissioner was elected. After each decennial census, the legislative assembly |
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63 | 63 | | shall establish commission districts and shall guarantee, as nearly as is practicable, that every |
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64 | 64 | | elector is equal to every other elector in the state in the power to cast ballots for public service |
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65 | 65 | | commission candidates. |
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66 | 66 | | The powers and duties of the agriculture commissioner, attorney general, auditor, insurance |
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67 | 67 | | commissioner, public service commissioners, secretary of state, superintendent of public |
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68 | 68 | | instruction, tax commissioner, and treasurer must be prescribed by law. If the legislative |
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69 | 69 | | assembly establishes a labor department, the powers and duties of the officer administering that |
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70 | 70 | | department must be prescribed by law. |
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71 | 71 | | SECTION 2. APPLICATION. The additional two members to the public service commission |
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72 | 72 | | must be elected at the general election in 2028, and take office on January 1, 2029. The |
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73 | 73 | | legislative assembly shall create the initial commissioner districts before January 1, 2027, |
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74 | 74 | | based upon the 2020 decennial census. |
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