North Dakota State Board of Higher Education v. Jaeger
2012 ND 64
| N.D. | 2012Background
- Board seeks original-jurisdiction ruling to enjoin Secretary of State from placing referendum on UND nickname statute SB 2370 on June 2012 ballot.
- Statutory backdrop: 2011 SB 2370 repealed 2011 law requiring UND use “Fighting Sioux” (N.D.C.C. § 15-10-46) and barred such nickname until 2015.
- Submission of referendum suspended SB 2370, reviving § 15-10-46 by operation of the North Dakota Constitution’s referendum framework.
- Secretary of State certified the petition for ballot placement in March 2012, triggering Board’s petition for relief.
- Court acknowledges competing constitutional powers among the Board, Legislature, and people; immediate merits review is not ripe for decision.
- Majority declines to issue writ or address constitutional merits due to lack of requisite four-justice concurrence for discretionary original jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Court should exercise discretionary original jurisdiction to review constitutional issue | Board seeks Wefald/Walker-style intervention | State argues no ripe or proper case for discretionary review | Not decided; discretionary jurisdiction denied for now |
| Whether Secretary of State may place referendum on ballot despite constitutional challenge | Board contends SB 2370 undermines UND authority | Secretary’s role is ministerial; referendum may proceed | Not addressed on the merits; decision not reached on ballot placement |
| Whether the case is ripe for judicial intervention before voters act | Constitutional issue ripe now | Issues become moot/ advisory unless voter action resolves | Not ripe;Court declines to address merits or issue injunction. |
Key Cases Cited
- Husebye v. Jaeger, 534 N.W.2d 811 (N.D. 1995) (mandatory review of petition form/sufficiency does not reach substance)
- Municipal Servs. Corp. v. Kusler, 490 N.W.2d 700 (N.D. 1992) (ministerial secretary role; cannot review substance of measure)
- Preckel v. Byrne, 62 N.D. 634, 244 N.W.781 (1932) (cannot examine proposed act's constitutionality in ballot context)
- Anderson v. Byrne, 62 N.D. 218, 242 N.W. 687 (1932) (refusal to enjoin Secretary of State when referendum valid on form)
- State ex rel. Wefald v. Meier, 347 N.W.2d 562 (N.D. 1984) (discretionary original jurisdiction in referendum matters; public interest)
- State ex rel. Walker v. Link, 232 N.W.2d 823 (N.D. 1975) (referendum/appropriation dispute; sovereignty considerations)
- State ex rel. Askew v. Meier, 231 N.W.2d 821 (N.D. 1975) (referendum on federal constitutional ratification; no ballot where unconstitutional)