North Dakota
North Dakota's abortion ban stands despite a majority finding it unconstitutional. Tribal colleges face closure. Voters decide on school meals.
Latest: June 29, 2026 Latest Brief$50M Roosevelt Library BillJune 29, 2026Republicans control the governor’s office and both chambers. Governor Kelly Armstrong vetoed a library book ban and signed a $25 insulin cap, but the legislature passed a near-total abortion ban that stands despite a majority of the state’s own Supreme Court finding it unconstitutional. North Dakota sits on a $13 billion Legacy Fund built from oil revenue while five tribal colleges face closure from federal cuts.
The November ballot will ask voters two questions that pull in opposite directions: whether to require a 60% supermajority for constitutional amendments, and whether to guarantee free school meals for every public school student.
Reproductive rights
North Dakota’s near-total abortion ban survived a Supreme Court challenge in November 2025 through a procedural quirk. Three of five justices found the law had constitutional problems. They said the health-risk exception was unconstitutionally vague and deterred women from accessing care. But North Dakota requires four votes to strike down a law. The ban stands because a majority was not a supermajority.
The ban prohibits abortion at all stages of pregnancy. Exceptions for rape or incest apply only in the first six weeks, before most women know they are pregnant. Psychological conditions do not qualify as serious health risks. Performing an abortion is a class B felony: up to five years in prison and a $10,000 fine.
3 of 5 justices found the ban unconstitutional, but North Dakota requires 4 votes to strike down a law. The ban survives despite a majority finding constitutional problems.
Ballot measures
Two measures on the November 3 ballot pull in opposite directions.
Constitutional Measure 2 would require a 60% supermajority to approve any constitutional amendment, whether citizen-initiated or legislature-referred. Currently a simple majority is enough. If it passes, every future ballot measure becomes harder to enact.
A free school meals measure would require the legislature to fund free breakfast and lunch for all K-12 public and charter school students. Bureau of Indian Education schools and tribal schools would also be eligible.
If both measures pass
- Free school meals become a constitutional right in North Dakota
- But every future citizen initiative would need 60% to pass
- The school meals measure itself demonstrates why voters use direct democracy — and the supermajority measure would make that tool harder to use
If only the supermajority passes
- Future ballot measures on Medicaid, marijuana, housing, or education become much harder
- The legislature gains effective veto power over popular initiatives
- North Dakota joins South Dakota and Missouri in restricting direct democracy
”I don’t pretend to know what the next literary masterpiece is going to be, but I know that I want it available in a library. And if a parent doesn’t think it is age-appropriate for their child, then that is a parenting decision.”
Governor Kelly Armstrong, vetoing the library book ban, April 2025Armstrong vetoed SB 2307, the library content restriction bill, calling it “a misguided attempt to legislate morality through overreach and censorship.” The bill had passed the Senate 27-20 and the House 49-45. That veto shows executive pushback is possible even in a deep-red state, but the margins were close enough that the legislature could try again.
Tribal sovereignty
Five federally recognized tribes call North Dakota home, including the MHA Nation at Fort Berthold and Standing Rock. Trump’s proposed FY2027 budget would cut tribal college funding from $196 million to $22 million nationally — a 75% reduction.
”It’ll close us.”
Leander “Russ” McDonald, president of United Tribes Technical College, on proposed federal cutsUnited Tribes Technical College in Bismarck gets 70% of its funding from the federal government. Nueta Hidatsa Sahnish College estimated it could keep its doors open “three, four years tops” under the proposed cuts.
The Dakota Access Pipeline continues to operate without a valid easement since Judge Boasberg vacated it in 2020. The Army Corps environmental impact study that was supposed to resolve this has still not been completed. Standing Rock appealed the latest dismissal to the D.C. Circuit in November 2025.
Healthcare and benefits
North Dakota expanded Medicaid but added work requirements. Expansion enrollees must work, volunteer, or attend educational activities 80 hours per month by December 31, 2026. People who lose coverage for not meeting the requirements cannot get marketplace coverage as an alternative.
DOGE cuts have already hit North Dakota for at least $100 million in canceled federal grants. The Department of Health and Human Services saw the bulk, with 12 grants canceled in March 2025 alone. The Impact Dakota manufacturing support program lost $800,000 in federal funding.
2026 elections
All statewide Republican incumbents are running for reelection, including the at-large U.S. House seat, secretary of state, attorney general, agriculture commissioner, tax commissioner, and two Public Service Commission seats. Armstrong has a 60% approval rating. The June 9 primary and November 3 general election will determine whether North Dakota stays on its current course.
The ballot measures matter more than most races. If the 60% supermajority passes, direct democracy becomes much harder in North Dakota. If the free school meals measure passes, it proves that voters still want to use ballot power to expand services the legislature has not prioritized.
Protect yourself right now
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Check your voter registration. North Dakota does not require voter registration, but you do need a valid ID. Confirm what you need at the Secretary of State’s website.
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Read both ballot measures before November. The 60% supermajority and the free school meals measure have opposite implications for direct democracy. Know what each one does.
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Call your federal representatives about tribal college funding. The proposed 75% cut would close institutions that serve thousands of students. Name the specific college and the specific dollar amount.
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Track your Medicaid status. Work requirements take effect December 31, 2026. If you are on expansion coverage, keep your contact information current with North Dakota HHS.
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Follow the DAPL environmental review. The pipeline operates without a valid easement and the environmental study is still incomplete. Standing Rock’s appeal is pending at the D.C. Circuit.
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