If you read the ballot language for Measure 3 and still didn't understand just what it is the proposed constitutional amendment does, I wouldn't blame you.

I don't think that's anyone's fault. It's just a somewhat arcane topic, but that doesn't mean it's not important.

State Rep. Corey Mock joined us on this episode of Plain Talk to discuss the proposal, which would make some changes around the Legacy Fund, which these days is sporting a balance of around $11 billion.

Currently, lawmakers have the statutory authority to spend up to 15% of the principal of that fund. Mock said that was written into the original amendment that created the fund to ensure that at least some of it was available to lawmakers should some emergent situation make it necessary. But when the Legacy Fund was created, nobody expected it to grow as far and as fast as it has. Mock said the original projects for the fund expected it to cross the $1 billion threshold by like 2021.

Clearly, we're well beyond that, but the Legislature's authority to spend as much as 15% of it has resulted in some lost opportunities. The fund managers have to keep those funds liquid, because theoretically the Legislature could come calling for them. Measure 3 shrinks that from 15% to 5%.

Given that the Legacy Fund is much, much larger now than we expected when that original 15% limit was written into the constitution, lowering still leaves plenty of money available to lawmakers in an emergency, but allows the fund managers to invest more of the principal and get bigger returns.

Also on this episode, guest co-host Jamie Selzler and I discuss the state of the presidential race.

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Are the proponents of Measure 2 "elite and out of touch?" Are they "condescending" and "disrespectful" to the electorate? Or do they view North Dakota's initiated measure process -- particularly when it comes to amending the state constitution -- as flawed and needing reform?

Measure 2 is a constitutional amendment placed on the ballot by the Legislature, which would prohibit people who aren't North Dakota residents from collecting petition signatures for initiated measures. It would limit measures to a single subject. And, for constitutional measures, it would raise the signature requirement from 4% to 5% of the state's population and require that those proposals be approved through two statewide votes: once on the June primary ballot and again on the November general election ballot.

Ellie Shockley, a columnist for the Bismarck Tribune, joined this episode of Plain Talk to make the case against the proposal. It's her words that I'm quoting above. She views this proposed amendment as motivated by a desire among lawmakers to diminish the will of the people in making policy.

Sen. Janne Myrdal, a Republican from Edinburg, also joined this episode, and she argued that it's become too easy for deep-pocketed, often out-of-state interests to hire professional signature gatherers (who themselves are often not North Dakotans) to force a vote on complicated policy proposals that aren't often explained well to the voters.

This point-and-counterpoint conversation at times got heated, because it deals with some of the bedrock assumptions we make about our system of government. The political power in our republic ultimately comes from the people, but as a question of process, is legislating what are often complicated policy proposals at the ballot box where a distracted electorate, already asked to evaluate candidates for everything from weed control boards to president of the United States, really a good way to make sound policy?

The Plain Talk Podcast is the voice of North Dakota politics. To subscribe, search for the show wherever you get your podcasts, like Spotify, Apple Podcasts, or YouTube, or click here for more information.

In November, North Dakota voters will be asked to decide the fate of Measure 4. If approved, it would amend the state constitution to prohibit taxes on property values. It would also lock in an obligation for the state legislature to replace current property tax revenues to local government with other revenues, but only at 2024 levels, with no mechanism to change that level in the future.

On this episode of Plain Talk, we had a debate about that proposal. Making the affirmative case for it is former Fargo City Commissioner Tony Gehrig. Making the case against it is Robert Harms, a former chair of the North Dakota Republican Party who also served in the administrations of former governors Ed Schafer and John Hoeven.

Former state lawmaker Rick Becker, the chair of the committee sponsoring the measure, declined to participate in the debate, saying the Plain Talk podcast is the only place where he won't speak about the proposal.

Both Harms and Gehrig agree on some key issues. They say that property taxes are a problem in North Dakota in need of a solution. They both also agree that taxing property values is problematic. As property values rise, they drive almost automatic increases in tax burdens that aren't tied to local needs.

Where they differ is the nature of the solution. Harms argues that abolishing property taxes would shift too much power over local spending to lawmakers in Bismarck. He also said that it "freezes some unfairness" in the state constitution by locking in funding for local governments at 2024 levels. A local government that made a big bond payment in 2024 would continue to be compensated for it by state taxpayers well into the future, even after the bond is paid off. A local government that kept property taxes low, on the other hand, would be punished for their conservative budgeting.

For his part, Gehrig argued that eliminating property taxes would be an economic boon to the state, drawing new investment. During his time in office, Gehrig was an outspoken opponent of policies that seek to incent economic development by easing or eliminating property tax burdens, but he used that stance as an argument for Measure 4. "If you believe those policies work, then you have to believe in Measure 4," he said.

The Plain Talk Podcast is the voice of North Dakota politics. To subscribe, search for the show wherever you get your podcasts, like Spotify, Apple Podcasts, or YouTube, or click here for more information.