North Dakota
Eligible for Recall: Senator Kent Conrad, last elected 2006
Signature Requirement: 25% of voters in last election for the Governor
Circulation Time: Not specified (However, signatures must be submitted at least 45 days in advance of the election)
Type of Recall Election: Simultaneous with General Election
Constitutional Provision: Article III Section 10 (1914 as amended in 1918 and exercised in 1921) *
Any elected official of the state, of any county or of any legislative or county commissioner district shall be subject to recall by petition of electors equal in number to twenty-five percent of those who voted at the preceding general election for the office of governor in the state, county, or district in which the official is to be recalled.
Initial Procedure: First, a request for a recall petition must be filed with the Secretary of State. Every recall petition must have a sponsoring committee of five individuals and a chairman. Then, the Secretary of State will print up signature forms to be distributed. The petition will then be able to be circulated among the voters of the electoral district of the official being recalled. There is no specified amount of time to gather signatures in North Dakota. After the appropriate number of signatures has been gathered, the petition is filed with the Secretary of State. The Secretary of State has thirty five days to consider the petition valid. in order to do this, they randomly sample signatures for validity. If the petition is considered valid, the Secretary of State must put the recall on the election ballot after a ten day waiting period in which the official up for recall may resign.
Contact Info:
Secretary of State Elections Division
State of North Dakota
600 E Boulevard Ave Dept 108, 1st Floor
Bismarck ND 58505-0500
Phone: (701) 328-4146
Toll Free: (800) 352-0867 ext. 8-4146
TTY: (800) 366-6888
Fax: (701) 328-2992
Email: soselect@nd.gov
* The North Dakota recall election of 1921 was the first successful recall of a state governor, North Dakota Governor Lynn Frazier. Frazier was a member of the Nonpartisan League, a socialist leaning party that supported state ownership of industries. The Independent Voters Association (IVA), which was conservative and capitalist, took issue with government ownership of the Bank of North Dakota and State Mill and Elevator. The IVA launched a recall effort, gathered 73,000 names, and held a recall election on October 28, 1921 in which Ragnvald Nestos defeated Frazier by 4,102 votes. There would not be another successful gubernatorial recall until Gray Davis of California was ousted in 2003.
Legal Actions
- ACRU Amicus Brief Supporting North Dakota Right to Recall U.S. Senators (PDF)
- RecallND Amicus Brief Supporting North Dakota Right to Recall U.S. Senators (PDF)
- ACRU letter to Secretary of State Al Jaeger (PDF)
- Letter from Secretary of State Al Jaeger Letter to Joe Wells (PDF)
- Inquiry from North Dakota citizen to Secretary of State (PDF)
News and Commentary
Complaint Filed in North Dakota Supreme Court to Allow Recall of U.S. Senator Kent Conrad
(7/20/10)— “On July 14, North Dakota joined New Jersey in an effort to recall a U.S. Senator. RecallND filed a complaint with the North Dakota Supreme Court claiming that the state’s Secretary of State has unconstitutionally blocked a petition to recall U.S. Senator Kent Conrad (D-ND). The complaint indicates that on May 13 North Dakota Attorney General Wayne Stenehjem published an opinion concluding that the North Dakota State Constitution does not allow for the recall of a U.S. Senator. On the same day, the office of the North Dakota Secretary of State claimed to have no authority to approve the circulation of RecallND’s recall petition.” Click here to read the full press release. (PDF) Click here to download the complaint. (PDF)
Stage Set for Recall Battle in North Dakota
(4/06/10)—Bismarck, ND—North Dakota is one of ten states with broad language in its constitution to recall elected officials. Yet, in a letter dated 25 March, 2010, Alvin Jaeger, North Dakota’s Secretary of State, refused to provide the procedures by which a member of Congress could be recalled from the office they hold to a citizen of North Dakota. The ACRU contends that to deny this request is to deny the citizens of North Dakota their constitutional right of recall. Click here to read the full press release. (PDF)
Each state has its own requirements as to the manner in which petitions must be collected, signed and filed. It is imperative that official recall committees are legally formed in each state according to the state laws and regulations. The handling of the petitions must comply with the laws and regulations of each state.
