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Lawsuit Challenges North Dakota Legislature's Term Limits Measure
Two individuals file lawsuit alleging legislature exceeded its authority in repealing voter-approved term limits
Jan. 28, 2026 at 2:55am
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Two North Dakota residents, Terence Bjerke and Leverrett Larsen, have filed a lawsuit against the state's Legislative Assembly and Secretary of State Michael Howe. The lawsuit alleges that Senate Concurrent Resolution 4008, which repealed a section of the state constitution relating to term limits approved by voters in 2022, is unconstitutional and exceeds the legislature's authority.
Why it matters
The 2022 voter-approved constitutional amendment established term limits of 8 years in the Senate and 8 years in the House. The subsequent legislative resolution increased the total term limit to 16 years in either chamber, which the plaintiffs argue violates the state constitution. This legal challenge could have significant implications for the term limits that North Dakota voters approved and the legislature's ability to override the will of the people.
The details
Bjerke, a member of the sponsoring committee for the Term Limits Initiative, and Larsen, a former state senator, are asking the North Dakota Supreme Court to declare Senate Concurrent Resolution 4008 unconstitutional and void. They contend the legislature exceeded its authority in passing the resolution, which is set to be voted on by the public in November 2026.
- In 2022, North Dakota voters approved a constitutional measure establishing 8-year term limits for the state legislature.
- In the 69th Legislative Assembly, the legislature passed Senate Concurrent Resolution 4008, which repealed the voter-approved term limits and increased the total limit to 16 years.
- The lawsuit was filed in January 2026.
The players
Terence Bjerke
A member of the sponsoring committee for the Term Limits Initiative in North Dakota.
Leverrett Larsen
A former member of the North Dakota State Senate.
North Dakota Legislative Assembly
The state legislature that passed Senate Concurrent Resolution 4008, which repealed the voter-approved term limits.
Michael Howe
The Secretary of State of North Dakota.
What they’re saying
“We must not let the legislature exceed its authority and override the will of the people.”
— Terence Bjerke, Term Limits Initiative Sponsor
What’s next
The North Dakota Supreme Court will hear arguments and decide whether Senate Concurrent Resolution 4008 is unconstitutional.
The takeaway
This lawsuit highlights the ongoing tension between voter-approved ballot measures and legislative actions, raising questions about the balance of power between the people and their elected representatives in North Dakota.
