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Chris Murphy, Published November 06 2012

Measures 1 and 2 on way to passing, but results incomplete

FARGO – Two sections of the North Dakota Constitution were held under the microscope Tuesday, as voters had the opportunity to repeal Section 6 of Article X in Measure 1 and add the executive branch to Section 4 of Article XI with Measure 2.

With 321 of 426 precincts reporting, both Measures were unofficially passed, Measure 1 with 71 percent and Measure 2 with 88 percent of the votes.

Section 6 allowed the Legislature to levy a poll tax, which has never been done. In 1964, the U.S. Constitution was amended by Article 24, which prohibited the federal government or any state from levying a poll tax.

“Essentially, repealing Section 6 removes a provision of the state’s constitution because the ratification of the 24th Amendment made it a non-issue,” North Dakota Secretary of State Al Jaeger said.

When the constitution was adopted, Section 4 did not include members of the executive branch when stipulating who was required to take an oath of office. In 1890, the Legislature adopted a law that required all civil officers, which included every elected official, to take an oath of office.