North Dakota Supreme Court to Hear Term Limits Case

Lawsuit alleges Legislature violated state constitution in creating ballot measure to alter voter-approved term limits.

Feb. 3, 2026 at 10:55am

The North Dakota Supreme Court has agreed to hear a lawsuit challenging a ballot measure that would change the state's voter-approved legislative term limits. The suit, filed by two North Dakotans who backed the 2022 term limits amendment, alleges the Legislature violated the constitution when it passed a resolution creating the ballot measure during the 2025 session.

Why it matters

This case will determine whether the Legislature can alter the term limits that were approved by North Dakota voters in 2022, which set an eight-year limit for serving in each legislative chamber. The outcome could have significant implications for the state's political landscape and the balance of power between the legislative and executive branches.

The details

The ballot measure, created by Senate Resolution 4008, seeks to change the 2022 constitutional amendment so lawmakers can serve up to 16 years in either the House or Senate, and clarify that partial terms don't count against term limits. The plaintiffs argue this violates a provision in the 2022 amendment that says the Legislature may not propose further constitutional amendments to 'alter or repeal' the term limits.

  • The North Dakota Supreme Court will consider the case during its April term.
  • The defendants have until March 3 to respond to the lawsuit.
  • The ballot measure has been approved for the November 2026 election ballot.

The players

Oley Larsen

Former Minot lawmaker and one of the plaintiffs who filed the lawsuit.

Terry Bjerke

Grand Forks County commissioner and one of the plaintiffs who filed the lawsuit.

North Dakota Legislature

The defendant in the lawsuit, accused of violating the state constitution by passing a resolution to create the ballot measure.

North Dakota Secretary of State's Office

The other defendant in the lawsuit.

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What’s next

The North Dakota Supreme Court will hear the case during its April term, and the defendants have until March 3 to respond to the lawsuit.

The takeaway

This case will have significant implications for North Dakota's political landscape, as it will determine whether the Legislature can override the term limits approved by voters in 2022. The outcome could shift the balance of power between the legislative and executive branches in the state.