Hendrix, et al. v. Jaeger
Annotate this CaseJared Hendrix, as chairman of the North Dakota for Term Limits Sponsoring Committee, and North Dakota for Term Limits (collectively, “Petitioners” or “Committee”) petitioned for a writ of mandamus requiring the Secretary of State to place the Term Limits Initiative on the November 8, 2022, general election ballot. The Secretary of State rejected 29,101 signatures on circulated petitions and concluded the initiative did not qualify for placement on the ballot. The Petitioners argued the Secretary of State improperly invalidated signatures on the basis of a finding of notary fraud relating to two circulators, a pattern of notary fraud relating to one notary, violation of the pay-per-signature ban, and other issues. The North Dakota Supreme Court concluded the Secretary of State misapplied the law by excluding signatures on the basis of a determination that a pattern of likely notary violations on some petitions permitted his invalidation of all signatures on all petitions that were sworn before the same notary. Because adding the signatures invalidated for imputed fraud to the 17,265 other signatures accepted by the Secretary of State places the initiative over the constitutional requirement of 31,164, the Supreme Court granted the Committee’s petition and issued a writ of mandamus requiring the Secretary of State to place the Term Limits Initiative on the November 8, 2022, ballot.
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