25.3056.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Magrum, Walen
Representative Osowski
A concurrent resolution to amend and reenact section 2 of article V of the Constitution of North
Dakota, relating to the election of public service commissioners; to provide for application; and
to provide an effective date.
STATEMENT OF INTENT
The measure increases the elected members of the public service commission to five members
and requires the legislative assembly to divide the state into five districts for the election of the
five members to the public service commission.
BE IT RESOLVED BY THE SENATE OF NORTH DAKOTA, THE HOUSE OF
REPRESENTATIVES CONCURRING THEREIN:
That the following proposed amendment to section 2 of article V of the Constitution of North
Dakota is agreed to and must be submitted to the qualified electors of North Dakota at the
general election to be held in 2026, in accordance with section 16 of article IV of the
Constitution of North Dakota.
SECTION 1. AMENDMENT. Section 2 of article V of the Constitution of North Dakota is
amended and reenacted as follows:
Section 2. The qualified electors of the state at the times and places of choosing members
of the legislative assembly shall choose a 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. The legislative assembly may by law provide for a department of labor to be
administered by a public official who may be either elected or appointed.
The public service commission consists of five public service commissioners. The
legislative assembly shall divide the state into five districts of compact and contiguous territory
and a commissioner must be elected from each district for a term of four years, as provided by
law. On the day of the election, a commissioner must be a qualified elector in the district from
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SENATE CONCURRENT RESOLUTION NO. 4015
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25 Sixty-ninth
Legislative Assembly
which the commissioner was elected. After each decennial census, the legislative assembly
shall establish commission districts and shall guarantee, as nearly as is practicable, that every
elector is equal to every other elector in the state in the power to cast ballots for public service
commission candidates.
The powers and duties of the agriculture commissioner, attorney general, auditor, insurance
commissioner, public service commissioners, secretary of state, superintendent of public
instruction, tax commissioner, and treasurer must be prescribed by law. If the legislative
assembly establishes a labor department, the powers and duties of the officer administering that
department must be prescribed by law.
SECTION 2. APPLICATION. The additional two members to the public service commission
must be elected at the general election in 2028, and take office on January 1, 2029. The
legislative assembly shall create the initial commissioner districts before January 1, 2027,
based upon the 2020 decennial census.
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