Hernett v. Meier

173 N.W.2d 907, 1970 N.D. LEXIS 108
CourtNorth Dakota Supreme Court
DecidedJanuary 16, 1970
DocketCiv. 8584
StatusPublished
Cited by17 cases

This text of 173 N.W.2d 907 (Hernett v. Meier) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernett v. Meier, 173 N.W.2d 907, 1970 N.D. LEXIS 108 (N.D. 1970).

Opinions

STRUTZ, Justice.

On June 16, 1969, petitions were filed in the office of the Secretary of State, bearing 7,496 purported signatures of qualified electors of this State, seeking to refer to a vote of the people Senate Bill 410, now Chapter 413 of the 1969 Session Laws. The bill, as passed by the Legislative Assembly, authorized the construction of a multipurpose building on the State Capitol grounds, which proposed building was to be constructed for the use and occupancy of the Bank of North Dakota and such other legislative and executive uses as were provided by the Act. The Act further provided for an appropriation for the cost of construction of such building.

On June 23, the Secretary of State found the signatures on such petitions to be insuf[910]*910ficient, and he thereupon returned 118 of the petitions to the committee sponsoring the referral, allowing' twenty days for correction or amendment. These petitions subsequently were returned to the Secretary of State within the constitutional time limit, after having been corrected or amended. After the return of such petitions, they again were examined and were found by the Secretary of State to contain 7,414 valid signatures. He thereupon announced that the petitions were sufficient to refer Senate Bill 410.

On September 12, 1969, the petitioners in this proceeding (as distinguished from the electors who signed referral petitions) presented to this court a petition for review of the sufficiency of the referral petitions and for a review of the decision of the Secretary of State as to their sufficiency. We issued an order to show cause, returnable at 10 a. m. on October 7, 1969. On that date, the Secretary of State appeared in person and by his counsel, the Attorney General of the State of North Dakota, and presented all of the referral petitions which had been filed with him, which he had found, after correction or amendment of some, to be sufficient to refer Senate Bill 410 to the people. Arguments were presented by both parties, and the matter was submitted on the pleadings, on certain affidavits submitted, and on the petitions filed. No other evidence was presented by either party.

The petitioners assert that the referendum petitions which were finally filed with and approved by the Secretary of State do not have a sufficient number of valid signatures to comply with the constitutional requirements for the referral of an Act of the Legislature to a vote of the people. It is undisputed that more than the required 7,000 names appear on these petitions, but the petitioners contend that a number of the signatures are invalid and do not qualify as referral signatures, either under the provisions of the Constitution or under Section 16-01-11, North Dakota Century Code, which establishes certain regulations governing initiative and referendum petitions. They further assert that if the invalid signatures are not considered, the petitions will have less than the required 7,000 names. They urge numerous objections to various signatures appearing on the petitions, some of the names being subject to several of the objections raised. We shall consider and discuss the objections raised in the order in which they are made by the petitioners.

In paragraph VIII-A of their petition, the petitioners first assert that 1,601 of the signatures are invalid and may not legally be counted for the reason that the signers have failed to state their places of residence sufficiently and have set out only the name of the county in which they live as their residence.

Section 25 of the North Dakota Constitution reserves to the people of the State the power to reject measures which the Legislative Assembly has passed, and it sets forth, among other things, how that power shall be exercised. In this regard, it provides :

“The Secretary of State shall pass upon each petition, and if he finds it insufficient, he shall notify the ‘Committee for the Petitioners’ and allow twenty days for correction or amendment. All decisions of the Secretary of State in regard to any such petition shall be subject to review by the supreme court. But if the sufficiency of such petition is being reviewed at the time the ballot is prepared, the Secretary of State shall place the measure on the ballot and no subsequent decision shall invalidate such measure if it is at such election approved by a majority of the votes cast thereon. If proceedings are brought against any petition upon any ground, the burden of proof shall be upon the party attacking it.”

Section 25 of the Constitution further provides that it shall be self-executing and that its provisions are mandatory. It also [911]*911provides that laws may be enacted to facilitate its operation, but that no law shall be enacted to hamper, restrict, or impair the exercise of the rights reserved therein to the people.

Pursuant to this latter provision of the Constitution which authorizes the Legislature to enact laws to facilitate the operation of the initiative and referendum processes, the Legislative Assembly, in 1925, enacted Chapter 135, now found in the Century Code as Section 16-01-11. That section provides:

“No person shall sign any initiative, referendum, or recall petition circulated pursuant to the provisions of sections 25 and 202 of the constitution of this state, and of article 33 of the amendments of such constitution, unless he is a qualified elector. No person shall sign any such petition more than once and each signer shall add his residence, post-office address, and the date of signing. Each copy of any petition provided for in this section, before being filed, shall have attached thereto an affidavit to the effect that each signature to the paper appended is the genuine signature of the person whose name it purports to be, and that each such person is a qualified elector. Any person violating any provision of this section is guilty of a misdemeanor.”

It will be observed that Section 25, by specific terms of the Constitution, is made self-executing. It reserves the initiative and referendum powers to the people, independent of the Legislature. Any legislation which the Legislative Assembly might enact which governs or affects the powers so reserved to the people must be for the sole purpose of facilitating the exercise of the powers of initiative and referendum, which are reserved to the people by the Constitution, and no law may be enacted which in any way will hamper or impair the powers so reserved.

Nowhere in these proceedings do the petitioners contend that the signatures which they claim are invalid are not the genuine signatures of the persons whose names they purport to be. Neither do they assert that there is not a sufficient number of names on the referral petitions. The Constitution specifically provides that when proceedings are brought against any petition upon any ground, the burden of proof shall be upon the party attacking the sufficiency of the petitions.

The petitioners rely upon the provisions of Section 16-01-11, North Dakota Century Code, purportedly enacted to facilitate the operation of the constitutional provisions relating to initiative and referendum. This statute prescribes that each elector who signs his name to such a petition shall add his residence, postoffice address, and the date of his signing of the petition. No such requirement is made by the Constitution, since the Constitution merely requires that each signer shall be an elector. The constitutional requirement is that—

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Hernett v. Meier
173 N.W.2d 907 (North Dakota Supreme Court, 1970)

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Bluebook (online)
173 N.W.2d 907, 1970 N.D. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernett-v-meier-nd-1970.