Legislators explore watering down term limits on time in office

Almost half of the lawmakers (69) in the North Dakota Legislature will be out of a job in 2028, courtesy of term limits approved by state residents that restrict the length of time elected officials can serve in office. The remaining half of legislators (72) will also be required to stand down in 2030, due to the constitutional amendment overwhelming passed by the electorate in 2022.

But as elected officials face the impending deadline, Inforum notes three measures to water down term limits by extending how long legislators can serve have been introduced in Bismarck.

Voters approved the citizen-initiated measure in 2022 to place an eight-year term limit on state lawmakers in the North Dakota Constitution, including a section that prohibits any member of the Legislative Assembly from proposing changes to the rule.

The only way to change term limits in the state Constitution is through another citizen-initiated measure.

House Concurrent Resolution 3034 looks to remove the prohibition on lawmakers proposing constitutional changes related to term limits and would allow a senator or representative to serve for 12 cumulative years, or three terms. A legislator could return to the same chamber and serve another 12 years after a four-year break.

There’s a big hurdle to clear for any effort aimed at weakening the legislator term limits already on the books. The constitutional amendment requires the approval of North Dakota voters in order to amend the time in office.

But it’s no secret that some movers and shakers in Bismarck concur with the Legislative Council’s analysis of term limits’ negative impact on some aspects of the process.

Sponsor Rep. Jim Kasper, R-Fargo, said the loss of “institutional knowledge” to term limits is detrimental to the “intense” lawmaking process.

“The average person in North Dakota does not understand how hard it is to be a good legislator and how much legislators try to do the right thing,” he said.

The bills vary in some details, but share the overall goal of extending the number of years legislators would be allowed to remain in office.

Senate Concurrent Resolution 4008 would limit legislators to serving for 12 years, or three complete terms, but does not include limits for other state leaders.

In a hearing for SCR 4008, members of the Senate State and Local Government Committee discussed how the resolution could be vulnerable to legal challenges since it seeks to make constitutional changes to term limits.

Clearly the personal reality of term limits has started to hit home among lawmakers. But their options for recourse also appear to be limited by the terms of the constitutional amendment passed by the people.