Freedom Index

A Legislative Scorecard Based on the Principles of the U.S. Constitution

Votes


Red-Flag Law Prevention  |  HB1401

HB1401 would have prevented state or local agencies from implementing or enforcing “red flag” gun-control laws, and it would have prevented them from accepting federal money to enforce those laws.

The North Dakota State House of Representatives rejected HB1401 on February 20, 2023 by a vote of 33 to 60. We have assigned pluses to the nays because red-flag laws are a gross violation of our 2nd, 4th, 5th, and 14th Amendment rights. Ultimately, the right of the American people to keep and bear arms is protected by the 2nd Amendment of the U.S. Constitution and should not be infringed upon.

Firearm Merchant Codes  |  HB1487

HB1487 prohibits financial entities’ use of merchant codes to track firearm and ammunition-related purchases.

The North Dakota State House of Representatives passed HB1487 on April 24, 2023 by a vote of 81 to 10. We have assigned pluses to the ayes because the workaround by credit card companies to track ammunition and firearm purchases violates several constitutionally-protected rights, including the First, Second, and Fourth Amendments. This is a large invasion of privacy, opens the door for illegal searches, and potentially deters people from making firearm purchases.

Sound Money  |  HB1082

HB1082 changes North Dakota’s definition of money to ban free-market-based cryptocurrencies and pave the way for a government-issued Central Bank Digital Currency (CBDC).

The North Dakota State House of Representatives passed HB1082 on February 15, 2023 by a vote of 84 to 9. We have assigned pluses to the nays because the Uniform Law Commission (ULC), a powerful organization known for advocating consistent state laws that align with Federal legislation and international commitments, strongly supported this bill. The ULC’s agenda also includes harmonizing state laws with those of other nations, which is not something allowed in the Constitution. The U.S. Constitution states that only the U.S. Congress has the power to “coin money,” and HB1082 violates that important provision.

Ranked Choice Voting Ban  |  HB1273

HB1273 prohibits ranked choice voting in North Dakota.

The North Dakota State House of Representatives voted to override the Governor’s veto on April 10, 2023 by a vote of 71 to 17. We have assigned pluses to the ayes because ranked choice voting adds complexity to the election process and raises concerns about potential election manipulation. Moreover, ranked choice voting could potentially result in voter disenfranchisement or errors that undermine the integrity of elections.

Drones & Autonomous Vehicle Grants  |  HB1519

HB1519 provides appropriations to the department of career and technical education and agriculture commissioner for uncrewed aircraft system, autonomous vehicle, or other autonomous technology (drone) grants.

The North Dakota State House of Representatives passed HB1519 on April 26, 2023 by a vote of 82 to 10. We have assigned pluses to the nays because funding drone research and autonomous technologies should not be the responsibility of the government. Government-issued grants often grant the government or bureaucracy the authority to choose winners and losers, leading to an expansion of government and increased interference in the private sector.

Mandatory Dyslexia Screening  |  HB1231

HB1231 creates a dyslexia and literacy task force, reading instruction competency for teacher licensure, and the dyslexia screening and intervention program.

The North Dakota State House of Representatives passed HB1231 on April 25, 2023 by a vote of 85 to 5. We have assigned pluses to the nays because this is something that schools and the government should not be involved in. Mandatory dyslexia screening would require students to undergo a specific assessment to identify learning disabilities. This process could involve the collection of sensitive personal information and medical data, raising privacy concerns for both students and their families. This infringes upon an individual’s right to privacy, which is protected under the U.S. Constitution. The Fourth Amendment protects against unreasonable searches and seizures by the government, and requiring students to undergo this screening is in violation of this constitutionally-protected right.

Rescind Con-Con  |  SCR4012

SCR4012 rescinds all extant applications by the North Dakota Legislative Assembly to call a convention to propose amendments to the United States Constitution, under Article V of the United States Constitution.

The North Dakota State Senate rejected SCR4012 on February 21, 2023 by a vote of 15 to 31. We have assigned pluses to the ayes because a so-called “Convention of the States” would not be of “limited” purpose. Article V of the U.S. Constitution was designed to correct structural deficiencies in the federal government, not the behavior of its elected officials. This rescission is a great step toward preserving the constitution. We need more precise and immediate solutions to restore power back to the states and to the people, such as clear-cut proposals in Congress to repeal bad amendments or state nullification of unconstitutional federal actions.

Firearm Merchant Codes  |  HB1487

HB1487 prohibits financial entities’ use of merchant codes to track firearm and ammunition-related purchases.

The North Dakota State Senate passed HB1487 on April 25, 2023 by a vote of 45 to 2. We have assigned pluses to the ayes because the workaround by credit card companies to track ammunition and firearm purchases violates several constitutionally-protected rights, including the First, Second, and Fourth Amendments. This is a large invasion of privacy, opens the door for illegal searches, and potentially deters people from making firearm purchases.

Property Rights  |  SB2212

SB2212 prohibits the use of eminent domain to construct carbon-capture pipelines in North Dakota.

The North Dakota State Senate rejected SB2212 on February 16, 2023 by a vote of 12 to 35. We have assigned pluses to the ayes because eminent domain for private corporations violates the U.S. Constitution, specifically the Fifth and Fourteenth Amendments. The Fifth Amendment explicitly states, “nor shall private property be taken for public use, without just compensation.” Furthermore, the Fourteenth Amendment declares, “nor shall any State deprive any person of life, liberty, or property, without due process of law.”

Sound Money  |  HB1082

HB1082 changes North Dakota’s definition of money to ban free-market-based cryptocurrencies and pave the way for a government-issued Central Bank Digital Currency (CBDC).

The North Dakota State Senate passed HB1082 on March 10, 2023 by a vote of 34 to 12. We have assigned pluses to the nays because the Uniform Law Commission (ULC), a powerful organization known for advocating consistent state laws that align with federal legislation and international commitments, strongly supported this bill. The ULC’s agenda also includes harmonizing state laws with those of other nations, which is not something allowed in the Constitution. The U.S. Constitution states that only the U.S. Congress has the power to “coin money,” and HB1082 violates that important provision.

Ranked Choice Voting Ban  |  HB1273

HB1273 prohibits ranked choice voting in North Dakota.

The North Dakota State Senate failed to override the Governor’s veto on April 19, 2023 by a vote of 28 to 19. We have assigned pluses to the ayes because ranked choice voting adds complexity to the election process and raises concerns about potential election manipulation. Moreover, ranked choice voting could potentially result in voter disenfranchisement or errors that undermine the integrity of elections.

Raw Milk  |  HB1515

HB1515 allows farmers to sell raw milk directly to the consumer.

The North Dakota State Senate passed HB1515 on April 20, 2023 by a vote of 32 to 14. We have assigned pluses to the ayes because the prohibition on the sale of raw milk is in violation of the First, Fifth, and Fourteenth Amendments of the U.S. Constitution. These bans violate the principles of the free market, as the government should not interfere in commerce.

Rescind Article V Con-Con  |  SCR4004

SCR4004 was a resolution to rescind all existing applications by the North Dakota Legislative Assembly to call a convention to propose amendments to the United States Constitution, under Article V of the United States Constitution.

The North Dakota State Senate shot down HCR4004 on February 9, 2021 by a vote of 15 to 32.  We have assigned pluses to the ayes because a so-called “Convention of the States” would not be of “limited” purpose. The vague and contradictory text contained in this joint resolution dangerously permits what Article V of the U.S. Constitution describes as a “Convention for proposing Amendments” or second constitutional convention. Notably, Article V of the U.S. Constitution was designed to correct structural deficiencies in the federal government, not the behavior of its elected officials.

Mask Mandates  |  HB1323

HB1323 prevents the state government from being able to mandate the wearing of masks at the state, county, and local level.  This includes schools.

The North Dakota State Senate passed HB1323 on April 22, 2021 by a vote of 32 to 15. We have assigned pluses to the ayes because individuals have the right to decide what is best for their health and their safety. The government has no right to force someone to implement intrusive and draconian orders. This is a violation of an individual’s fundamental rights, freedoms, privileges, or immunities protected by the Bill of Rights.

Mask Mandates  |  HB1323

HB1323 prevents the state government from being able to mandate the wearing of masks at the state, county, and local level.  This includes schools.

The North Dakota State Assembly passed HB1323 on April 22, 2021 by a vote of 66 to 27.  We have assigned pluses to the ayes because individuals have the right to decide what is best for their health and their safety. The government has no right to force someone to implement intrusive and draconian orders. This is a violation of an individual’s fundamental rights, freedoms, privileges, or immunities protected by the Bill of Rights.

Gun Rights-Enforcement  |  HB1383

HB1383 enacts that an agency or political subdivision of the state and a law enforcement officer or individual employed by state may not provide assistance to a federal agency, public official or act independently with respect to the investigation, prosecution, or enforcement of a violation of a federal statute, order, rule, or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition.

The North Dakota State Senate passed HB1383 on April 19, 2021 by a vote of 40 to 7. We have assigned pluses to the ayes because under article VI of the U.S. Constitution, the Constitution is the supreme law of the land and every state is bound by oath to support it. Ultimately, states have a duty to nullify any infringements by the federal government and Article 1, Section 8, of the Constitution gives congress specific powers and if there are violations of those powers, then states have a right to not comply.

Gun Rights-Enforcement  |  HB1383

HB1383 enacts that an agency or political subdivision of the state and a law enforcement officer or individual employed by state may not provide assistance to a federal agency, public official or act independently with respect to the investigation, prosecution, or enforcement of a violation of a federal statute, order, rule, or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition.

The North Dakota State Assembly passed HB1383 on April 19, 2021 by a vote of 80 to 12.  We have assigned pluses to the ayes because under article VI of the U.S. Constitution, the Constitution is the supreme law of the land and every state is bound by oath to support it. Ultimately, states have a duty to nullify any infringements by the federal government and Article 1, Section 8, of the Constitution gives congress specific powers and if there are violations of those powers, then states have a right to not comply.

Nullification  |  HB1282

HB1282 creates a committee, appointed by legislative management, with the purpose of acting on federal nullification and whether to nullify the entire statute, regulation, or executive order in its entirety. The committee may review any existing federal statute, regulation, or executive order enacted before the effective date of this section and shall recommend whether to nullify the rule or law.

The North Dakota State Assembly shot down HB1282 on April 19, 2021 by a vote of 38 to 55. We have assigned pluses to the ayes because under article VI of the U.S. Constitution, the Constitution is the supreme law of the land and every state is bound by oath to support it. Ultimately, states have a duty to nullify any infringements by the federal government and Article 1, Section 8, of the Constitution gives congress specific powers and if there are violations of those powers, then states have a right to not comply.

Nullification  |  HB1282

HB1282 creates a committee, appointed by legislative management, with the purpose of acting on federal nullification and whether to nullify the entire statute, regulation, or executive order in its entirety. The committee may review any existing federal statute, regulation, or executive order enacted before the effective date of this section and shall recommend whether to nullify the rule or law.

The North Dakota State Senate passed HB1282 on March 31, 2021 by a vote of 32 to 15. We have assigned pluses to the ayes because under article VI of the U.S. Constitution, the Constitution is the supreme law of the land and every state is bound by oath to support it. Ultimately, states have a duty to nullify any infringements by the federal government and Article 1, Section 8, of the Constitution gives congress specific powers and if there are violations of those powers, then states have a right to not comply.

Article V Con-Con  |  HCR3033

HCR3033 would have applied to Congress for a Convention of States to propose a congressional term limits amendment to the U.S. Constitution.

The North Dakota State Assembly shot down HCR3033 on March 3, 2021 by a vote of 26 to 65.  We have assigned pluses to the nays because a so-called “Convention of the States” would not be of “limited” purpose. The vague and contradictory text contained in this joint resolution dangerously permits what Article V of the U.S. Constitution describes as a “Convention for proposing Amendments” or second constitutional convention. Notably, Article V of the U.S. Constitution was designed to correct structural deficiencies in the federal government, not the behavior of its elected officials. HCR3033 should be opposed in favor of less risky, more precise, and immediate solutions that would restore power back to the states and to the people, such as clear-cut proposals in Congress to repeal bad amendments or state nullification of specific unauthorized federal laws.

Compact for Balanced Budget  |  HB1429

HB1429 extends North Dakota’s current membership in the Compact for a Balanced Budget through 2031.

The North Dakota State Senate passed HB1429 on March 22, 2021 by a vote of 37 to 10. We have assigned pluses to the nays because this legislation unconstitutionally pre-ratifies a Balanced Budget Amendment before a constitutional convention convenes. An Article V Constitutional Convention proposal could cause serious damage to our constitution and there is no evidence that such amendment would fix our financial problems. Article V of the U.S. Constitution was designed to correct structural deficiencies in the federal government, not the behavior of its elected officials.

Compact for Balanced Budget  |  HB1429

HB1429 extends North Dakota’s current membership in the Compact for a Balanced Budget through 2031.

The North Dakota State Assembly passed HB1429 on February 18, 2021 by a vote of 75 to 19. We have assigned pluses to the nays because this legislation unconstitutionally pre-ratifies a Balanced Budget Amendment before a constitutional convention convenes. An Article V Constitutional Convention proposal could cause serious damage to our constitution and there is no evidence that such amendment would fix our financial problems. Article V of the U.S. Constitution was designed to correct structural deficiencies in the federal government, not the behavior of its elected officials.

Gun Rights – Nullification  |  HB1272

HB1272 ensures that personal firearms, firearm accessories, or ammunition manufactured commercially or privately in the state of North Dakota is not subject to unconstitutional federal law or federal regulation.

The North Dakota State Senate shot down HB1272 on April 1, 2021 by a vote of 10 to 37. We have assigned the pluses to the ayes because the fundamental right of the American people to keep and bear arms is protected by the U.S. Constitution, particularly in the 2nd, 9th, and 10th Amendments, and should not be infringed in any situation. Furthermore, under Article VI of the U.S. Constitution, states have a duty to nullify infringements by the federal government.

Gun Rights – Nullification  |  HB1272

HB1272 ensures that personal firearms, firearm accessories, or ammunition manufactured commercially or privately in the state of North Dakota is not subject to unconstitutional federal law or federal regulation.

The North Dakota State Assembly passed HB1272 on February 17, 2021 by a vote of 69 to 23.  We have assigned the pluses to the ayes because the fundamental right of the American people to keep and bear arms is protected by the U.S. Constitution, particularly in the 2nd, 9th, and 10th Amendments, and should not be infringed in any situation. Furthermore, under Article VI of the U.S. Constitution, states have a duty to nullify infringements by the federal government.