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North Dakota Municipal Ordinance Implementation

Tier 3 — Significant Barriers
3Target Cities
Home RuleHome Rule

North Dakota provides the strongest municipal legal foundation among Plains and Mountain West states for the election protection ordinance campaign. The state's constitutionally mandated liberal construction of home rule charters under NDCC Section 40-05.1-05 — which directs that home rule ordinances "supersede within the territorial limits and other jurisdiction of the city any law of the state in conflict" and "must be liberally construed" — inverts the Dillon's Rule presumption. Additionally, North Dakota is the only state in the nation without voter registration, its deep tribal voting rights coalition provides a powerful constitutional narrative, and HB 1588 (2025) creates a new pathway for prohibiting firearms in publicly owned buildings used as polling places. However, a 2025 amendment to Section 40-05.1-05 now voids election-specific home-rule ordinances conflicting with state law, creating a direct obstacle.

Home Rule Authority — Strongest in the Four-State Campaign

North Dakota provides the strongest municipal legal foundation in this campaign. Article VII, Section 6 of the ND Constitution mandates the legislature "provide by law for the establishment and exercise of home rule in counties and cities." The implementing statute, NDCC Section 40-05.1-05, contains an extraordinary provision: home rule charters and ordinances "supersede within the territorial limits and other jurisdiction of the city any law of the state in conflict with the charter and ordinances and must be liberally construed for such purposes."

This mandatory liberal-construction clause inverts the Dillon's Rule presumption. Rather than resolving doubt against the municipality, North Dakota courts must resolve ambiguity in favor of municipal authority. NDCC Section 40-05.1-06 enumerates extensive home-rule powers including police power and general welfare authority. Counties have parallel authority under NDCC Chapter 11-09.1, with their own liberal-construction mandate. Fargo operates under a home-rule charter and has historically exercised this authority aggressively — adopting approval voting with 64% voter support in 2018.

However, a critical caveat was demonstrated in 2025: the legislature passed HB 1297, banning approval voting statewide and explicitly voiding Fargo's voter-approved system. An amendment to Section 40-05.1-05 now provides that "any ordinance enacted or adopted by a city pertaining to city elections under a home rule charter in conflict with state law is void." This carves out election-specific home rule power, creating a direct obstacle for election-protection ordinances. The campaign must argue the ordinance does not pertain to "city elections" but rather to city resource allocation and federal law compliance — a governance function, not an election-administration function.

Preemption Includes an Ironic Parallel

NDCC Section 62.1-01-03 establishes firearms preemption that explicitly covers "home rule cities or counties" and includes a private civil-action enforcement mechanism (added by 2021 HB 1248). But North Dakota also enacted NDCC Section 62.1-01-03.1 (2021 HB 1393), which prohibits local governments and state agencies from "providing assistance to a federal agency or official" regarding enforcement of post-2021 federal firearms laws more restrictive than North Dakota law.

This creates a powerful rhetorical and legal parallel. North Dakota has already established the principle that local/state governments should refuse to assist certain federal enforcement actions. The proposed ordinance takes the identical structural approach — refusing city resources to assist armed federal personnel at polling places in compliance with 18 U.S.C. Section 592. The campaign should explicitly invoke NDCC Section 62.1-01-03.1 as precedent: "North Dakota already recognizes the principle of non-cooperation with federal overreach. This ordinance extends that principle to protect the sanctity of elections."

Tribal Voting Rights Provide the Constitutional Anchor

North Dakota's tribal voting rights history provides the campaign's most powerful constitutional narrative. The Brakebill v. Jaeger litigation documented that 19% of Native Americans lacked qualifying voter ID and 4,998 otherwise eligible Native Americans could not vote under the state's residential-address requirement — a requirement meaningless on reservations without street addresses. The Spirit Lake Tribe v. Jaeger settlement (April 2020) established tribal ID acceptance and state-funded ID production, but poll watchers in 2024 reported voters with tribal IDs were still being turned away.

The state constitution's Article I, Section 4 protects citizens' right to vote. The ordinance's enforcement of Section 592 aligns with protecting communities that have experienced documented voter suppression from the additional chilling effect of armed federal presence at polling places.

Section 2: Statute Localization Kit

Key North Dakota Statutes:

  • NDCC Title 16.1 — Election Code
  • NDCC Section 16.1-01-04.1 — Voter ID system (North Dakota is the only state without voter registration)
  • NDCC Section 16.1-10-06 — Electioneering buffer zone (100 feet from polling place room entrance)
  • NDCC Section 16.1-10-08 — Violation penalty (Class A misdemeanor)
  • NDCC Section 12.1-14-02 — Voter intimidation (preventing or obstructing exercise of voting rights through force, threats, or economic coercion — Class C felony)
  • NDCC Section 12.1-14-03 — Discrimination-based interference with civil rights (Class B misdemeanor)
  • NDCC Section 62.1-01-03 — Firearms preemption (covers home rule cities; private civil-action enforcement)
  • NDCC Section 62.1-01-03.1 — Prohibits providing assistance to federal agencies on post-2021 firearms enforcement (Second Amendment sanctuary provision)
  • NDCC Chapter 40-05.1 — Home rule for cities (liberal construction mandate)
  • NDCC Chapter 11-09.1 — Home rule for counties
  • NDCC Chapter 40-12 — Municipal initiative/referendum process
  • HB 1588 (2025) — Grants local governments authority to prohibit firearms in "public areas of publicly owned and operated buildings" ($100 noncriminal penalty)
  • ND Const. Art. VII, Section 6 — Home rule mandate
  • ND Const. Art. I, Section 4 — Right to vote

No specific private right of action for voter intimidation exists under North Dakota state law. The Brakebill v. Jaeger voter ID litigation addressed tribal voter ID access, resulting in the Tribal ID & Address Grant Program ($5,000 per election cycle for tribal governments).

For a comprehensive statutory cross-reference, see the 50-State Viability Analysis.

Section 3: Target City Analysis

Municipality Pop. Government Home Rule? Key Assets Rating
Fargo ~136,285 Commission (Mayor + 4 at-large) Yes — home rule charter NDSU; adopted approval voting; Reform Fargo infrastructure; Democratic legislators MEDIUM-LOW
Grand Forks ~59,845 Mayor-council, 7 wards Likely UND School of Law; ward system more favorable; House Minority Leader from here MEDIUM-LOW
Bismarck ~77,772 Commission (at-large) — State capital; ND Native Vote HQ LOW

First target: Fargo. Despite the approval-voting override, Fargo remains North Dakota's most progressive city with proven ballot-initiative infrastructure. The commission form (at-large elections) is a challenge, but the municipal initiative/referendum process under NDCC Chapter 40-12 provides a direct-democracy pathway that bypasses the commission entirely — the same process that achieved 64% approval for alternative voting. Grand Forks is the secondary target, with the advantage of a ward-based council system and UND's law school.

HB 1588 (2025) creates a potentially significant opening. This bill grants local governments new authority to create ordinances prohibiting firearms in "public areas of publicly owned and operated buildings." Since many polling places are in publicly owned buildings, this could serve as a legal basis for municipal gun-free zones at publicly-owned polling locations. The penalty is reduced to a $100 noncriminal offense — weak enforcement, but still a legal pathway. This provision has not been tested in court.

Section 4: Coalition Directory

Tribal Voting Rights Coalition — North Dakota's Greatest Strategic Asset

North Dakota Native Vote — Executive Director Nicole Donaghy (Hunkpapa Lakota), founded in 2018 specifically in response to voter suppression, operates year-round from Bismarck.

NARF (Native American Rights Fund) — Lead counsel in both Brakebill and Spirit Lake; maintains extensive North Dakota operations.

Tribal Nations: Standing Rock Sioux Tribe, Three Affiliated Tribes (MHA Nation), Spirit Lake Nation, and Turtle Mountain Band of Chippewa Indians have each been plaintiffs in voting rights litigation and maintain GOTV infrastructure.

Organizational Partners

ACLU of North Dakota — Active voting rights programs.

League of Women Voters of North Dakota — Testified against HB 1297 and multiple ballot-restriction bills.

Reform Fargo — Organization behind the approval-voting initiative; has direct experience with home-rule ballot campaigns.

Campaign Legal Center — Co-counseled Spirit Lake v. Jaeger.

Democratic Legislative Allies: Sen. Kathy Hogan (Senate Minority Leader, Fargo), Rep. Zac Ista (House Minority Leader, Grand Forks), and Rep. Jayme Davis (Minority Caucus Leader, representing tribal communities in Rolette County).

Opposition Landscape

Attorney General Drew Wrigley (R), elected 2022 with 71% of the vote, is a former U.S. Attorney (George W. Bush appointee) with an aggressive law-and-order posture. Critically, Wrigley fought the redistricting ruling in Turtle Mountain Band v. Howe all the way to the U.S. Supreme Court, defending the state's position against tribal vote-dilution claims. His threat level is HIGH.

Governor Kelly Armstrong (R) signed HB 1297 banning approval voting in April 2025. The legislature holds a 125-16 Republican supermajority (42-5 Senate, 83-11 House). The North Dakota Supreme Court has a conservative 6.6 Court Balance Score and requires 4 of 5 justices to declare legislation unconstitutional (Article VI, Section 4), raising the bar for striking down preemption laws.

Section 5: Election Security Infrastructure

Secretary of State Michael Howe (R) assumed office January 2023, serving as Midwestern Region Vice-President on the NASS Executive Board. Elections Director is Erika White. The SOS partners with 53 county auditors for local election administration. North Dakota is the only state in the nation without voter registration — it uses a voter ID system instead (N.D.C.C. Section 16.1-01-04.1), making it exempt from NVRA requirements. The election code resides in N.D. Century Code Title 16.1.

Governor Kelly Armstrong (R) took office December 2024. The 69th Legislative Assembly (2025) adjourned after sending 601 bills to the governor (597 signed). Key legislation includes HB 1165 (major election administration reform) and the critically important HB 1588 (firearms in public buildings). Voting systems are exclusively ES&S DS200 optical scan with paper ballots at all polling locations, plus ExpressVote BMDs for accessibility. All equipment is air-gapped with encrypted data and FIPS-compliant keys.

North Dakota did not join the 19-state lawsuit. As the only state without voter registration, many EO 14248 provisions are less directly applicable to North Dakota.

Cybersecurity Infrastructure & Capabilities

North Dakota is widely recognized as having one of the most advanced state cybersecurity programs in the nation. The North Dakota Information Technology Department (NDIT), with 500+ IT professionals, is led by CISO Chris Gergen (appointed July 2025). Landmark SB 2110 (2019) established the nation's first "whole-of-government" cybersecurity approach, placing NDIT in charge of cybersecurity for all public-sector entities. STAGEnet, created by the 1999 legislature, requires all state agencies, colleges, local governments, and K-12 entities to use the statewide network.

NDIT operates a Cyber Operations Center (CyOC) and has established a Joint-Cybersecurity Operations Command Center with 10+ states for threat intelligence sharing. Services include endpoint protection, vulnerability management, and cybersecurity maturity assessments. The 2022 HAVA Election Security grant for North Dakota was $1,000,000; cumulative HAVA funding follows minimum allocations (~$6M total for Election Security grants). The North Dakota National Guard participated in Cyber Shield 2021 with approximately 25 soldiers and airmen, and hosts an Army Guard Cyber Protection Team.

CISO Gergen emphasized that interstate collaboration will be "very, very, very important" as federal support changes. North Dakota's whole-of-state approach and STAGEnet infrastructure provide the best insulation against CISA withdrawal of any state in the Plains and Mountain West batch.

Physical Security & Polling Place Protections

Buffer zone: 100 feet from the entrance to the polling place room under N.D.C.C. Section 16.1-10-06. Electioneering prohibitions include asking, soliciting, or attempting to persuade voters. A vehicle exception allows political message vehicles to park within the zone during voting. Violation is a Class A misdemeanor (Section 16.1-10-08).

North Dakota has no statute specifically banning firearms at polling places. North Dakota became a constitutional carry state on August 1, 2017 (expanded to non-residents in 2023). Governor Burgum declared North Dakota a "Second Amendment Sanctuary State" in April 2021 (HB 1383). Firearms preemption under Section 62.1-01-03 prohibits political subdivisions, including home rule cities, from enacting firearms ordinances more restrictive than state law. The 2024 Supreme Court decision (2024 ND 236) upheld this as constitutional.

However, HB 1588 (2025) creates a potentially significant opening by granting local governments new authority to create ordinances prohibiting firearms in "public areas of publicly owned and operated buildings." Since many polling places are in publicly owned buildings, this could serve as a legal basis for municipal gun-free zones at publicly-owned polling locations.

Voter intimidation is addressed robustly: N.D.C.C. Section 12.1-14-02 makes preventing or obstructing the exercise of voting rights through force, threats, or economic coercion a Class C felony. Section 12.1-14-03 provides Class B misdemeanor penalties for discrimination-based interference with civil rights.

North Dakota's citizen initiative process provides a significant alternative pathway. An initiated state statute requires signatures from 2% of the resident population (~15,582 signatures). Critically, a voter-approved initiated statute may not be repealed or amended by the legislature for 7 years except by two-thirds vote — providing substantial durability. A municipal initiative/referendum under NDCC Chapter 40-12 is the most viable immediate pathway, replicating the successful approval-voting model in Fargo.

Key Contacts:

  • Secretary of State: Michael Howe (R) — (701) 328-2900; sos.nd.gov/elections
  • Attorney General: Drew H. Wrigley (R) — (701) 328-2210; ndag@nd.gov
  • NDIT Cybersecurity: CISO Chris Gergen — (701) 328-1000; itdsecur@nd.gov; defend.nd.gov
  • Governor: Kelly Armstrong (R) — (701) 328-2200
  • ND Department of Emergency Services: des.nd.gov

Printable Flyer

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City-Specific Flyers

Printable flyers for individual cities with local council details, meeting schedules, and action steps.

Bismarck — ~78,000 Fargo — ~136,000 Grand Forks — ~60,000