North DakotaSB 22692025 Regular SessionSenate

AN ACT to create and enact a new section to chapter 44-08 of the North Dakota Century Code, relating to recall elections for members of a governing body of a city; and to amend and reenact section 16.1-01-09.1 and subsection 1 of section 44-08-21 of the North Dakota Century Code, relating to recall petitions and recall elections for political subdivision officials.

Sponsored By: Kristin Roers (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

City and school recall process changes

City and school recall petitions must state a reason and get petition‑form approval from the Secretary of State in 5 to 7 business days (excluding Saturdays). After approval, the petition must be filed within 90 days. In cities over 250 people or school districts with fall enrollment over 250, petitions must list at least 15 sponsors who are qualified electors. The city auditor must check every signature and set the special election 95 to 105 days after certification, unless that date is within 95 days of the next scheduled election. The member is on the ballot unless they resign within 10 days; other candidates must file by the 64th day. If the member is the only candidate, or no one files, the auditor cancels the election and posts notice within 15 days. If the member resigns, the governing body may appoint a replacement or call a special election. A member cannot face more than one recall during the same term.

How many recall signatures you need

To recall most local officials, you need signatures from 25% of the voters who voted in the last election when that officeholder was on the ballot (not counting any recall election). For city governing body and school board members, you need 35% of the voters from the last election when that member was on the ballot. Appointed officials who filled a vacancy use the same percentage, based on the most recent election for that office.

New rules for recall petitions

The Secretary of State makes a standard recall petition form and reviews it in 5 to 7 business days (not counting Saturdays). Only qualified electors may sign, and each signer must print their name, full address, and date, and sign in the circulator’s presence. Each petition copy must include a sworn, notarized affidavit from the circulator. Petitions must list the person to be recalled, their office, and at least five sponsoring electors with names and addresses from the same area. No one under 18 may circulate petitions or sign the circulator affidavit. When filed, the committee chair must submit an affidavit and a list of circulators with in‑state street addresses; once received, petitions are final and names cannot be removed.

Standard timelines for recall elections

Circulators have one year to gather signatures for Article III recalls, or 90 days for recalls under statute or this act. The filing officer has up to 30 days to check sufficiency and may use random sampling; invalid signatures do not count and any violations are reported to the state’s attorney. After certification, the special recall election must be set 95 to 105 days later, and it cannot be held if that date falls within 95 days of the next scheduled election. A notice runs in the official newspaper 30 days before the candidate filing deadline. Candidate filing closes at 4:00 p.m. on the 64th day before the election. If no one files, the officer cancels the recall, declares the petition ineffective, and publishes the cancellation within 15 days; a recall also cannot be held within one year of the next regular election for that office.

Sponsors & Cosponsors

Sponsor

  • Kristin Roers

    Republican • Senate

Cosponsors

  • Josh Christy

    Republican • House

  • Gregory Stemen

    Republican • House

  • Dean Rummel

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 148 • No: 33

Senate vote 4/9/2025

Second reading, passed, yeas 46 nays 0

Yes: 46 • No: 0

House vote 4/1/2025

Second reading, passed as amended, yeas 56 nays 32

Yes: 56 • No: 32

Senate vote 2/20/2025

Second reading, passed, yeas 46 nays 1

Yes: 46 • No: 1

Actions Timeline

  1. Filed with Secretary Of State 04/16

    4/18/2025House
  2. Signed by Governor 04/16

    4/17/2025Senate
  3. Sent to Governor

    4/15/2025Senate
  4. Signed by President

    4/14/2025Senate
  5. Signed by Speaker

    4/14/2025House
  6. Second reading, passed, yeas 46 nays 0

    4/9/2025Senate
  7. Concurred

    4/9/2025Senate
  8. Returned to Senate (12)

    4/2/2025Senate
  9. Second reading, passed as amended, yeas 56 nays 32

    4/1/2025House
  10. Amendment adopted, placed on calendar

    3/31/2025House
  11. Reported back amended, do pass, amendment placed on calendar 9 1 3

    3/28/2025House
  12. Committee Hearing 03:30

    3/20/2025House
  13. Introduced, first reading, referred Political Subdivisions Committee

    2/25/2025House
  14. Received from Senate

    2/21/2025House
  15. Second reading, passed, yeas 46 nays 1

    2/20/2025Senate
  16. Amendment adopted, placed on calendar

    2/18/2025Senate
  17. Reported back amended, do pass, amendment placed on calendar 6 0 0

    2/17/2025Senate
  18. Committee Hearing 10:15

    2/13/2025Senate
  19. Introduced, first reading, referred State and Local Government Committee

    1/20/2025Senate

Bill Text

  • Adopted by the House Political Subdivisions Committee

  • Adopted by the Senate State and Local Government Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with House Amendments

  • INTRODUCED

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