Bd. of Trustees of N.D. Public Employees Retirement System v. North Dakota
Annotate this CaseThe Board of Trustees of the North Dakota Public Employees Retirement System petitioned the North Dakota Supreme Court seeking declaratory relief and a writ of injunction, challenging N.D.C.C. § 54-52-03 and section 41 of S.B. 2015 (2023), enacted by the 68th Legislative Assembly, both of which provided for the appointment of sitting legislators to the Board. The Board claimed the law placing legislators on the Board violated N.D. Const. art. IV, § 6; violated the separation of powers between branches of government and encroached on the powers of the executive branch in violation of articles IV, V and XI of the Constitution; violated the common-law rule against incompatibility of office; and violated the single subject rule of N.D. Const. art. IV, § 13. The Supreme Court concluded section 41 of S.B. 2015 violated article IV, § 13 of the North Dakota Constitution, and invalidated S.B. 2015. Because the constitutional “single subject” rule was dispositive, it was unnecessary to address the Board’s remaining claims.
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