Posted on September 23rd, 2022

Top North Dakota election officials said in court on Aug. 23 that irregularities in petition circulator affidavits led to the rejection of a proposed ballot measure for term limits on the state's governor and lawmakers.

Affidavits notarized by one notary public drew particular scrutiny for alleged handwriting inconsistencies and other discrepancies that Secretary of State Al Jaeger said "tainted everything else."

South Central District Judge James Hill presided over an evidentiary hearing as part of a lawsuit filed earlier this month with the state Supreme Court. Measure backers seek to compel a public vote on the initiative Jaeger rejected earlier this year.

Hill planned to issue his findings of fact on the disqualification of signatures for the Supreme Court no later than Aug. 26. Oral arguments in the case are set for Sept. 2.

Jaeger in March rejected the measure and referred it to the attorney general for investigation, citing numerous alleged violations of state law, such as likely forgeries, circulators who were neither North Dakota qualified electors nor U.S. citizens, and offers or payments of bonuses to circulators, among other irregularities.

Petitioners submitted 46,315 signatures. They needed 31,164 valid signatures to prompt a public vote. Jaeger rejected about 29,000 signatures, leaving proponents far short of the required threshold.

Jaeger's review and a state Bureau of Criminal Investigation probe conducted at his request brought the irregularities to light. Attorney General Drew Wrigley last month referred the matter to the Ward County State's Attorney's Office for possible prosecution. 

Jaeger and State Elections Specialist Lee Ann Oliver testified Aug. 23 before attorneys as to the basis for rejecting the signatures and how they go about reviewing petitions for proposed ballot measures.

Attorneys focused heavily on alleged irregularities in circulator affidavits notarized by notary public Zeph Toe, particularly inconsistent handwriting. Toe in an affidavit reaffirmed the validity of the affidavits he notarized.

Jaeger said "obviously different" affidavit signatures, even from the same date, and the addition of Dickinson to a circulator's address were "red flags."

Toe notarized more than 750 circulator affidavits representing more than 15,700 signatures, which Jaeger rejected, citing notary errors.

"It appears to us that he didn't actually witness the circulator affixing their signature. That is in violation of the oath and everything that's all about a notary," the longtime secretary said. "It's a reflection of the entire petition process of all the petitions that he notarized."

"Breaking the law, doing unlawful acts on these puts doubt on everything else that he did regarding these petitions," Jaeger said. "What he did tainted everything else."

Jaeger confirmed he is proceeding with administrative action to revoke Toe's notary commission. 

Oliver, the elections specialist, said the office review found "just more red flags that were popping up" in the petitions. She cited circulator affidavits that "did not look correct to me."

She returned to Bismarck from a Florida vacation to testify for about 20 minutes and then board a return flight.

The hearing also waded into circulators allegedly being paid bonuses to gather signatures. That would violate state law. 

The state crime bureau last week searched the Minot home of circulator Charles Tuttle, yielding 15 time cards and resulting in no arrests. 

Petition circulators had told BCI they were offered or received bonus pay based on signatures obtained at the State Fair last year, according to the warrant's affidavit.

State law prohibits paying or offering to pay circulators "on a basis related to the number of signatures obtained for circulating an initiative, referendum, or recall petition." Tuttle has denied paying bonuses.

The measure's 42-member sponsoring committee includes several state lawmakers linked to the ultraconservative Bastiat Caucus, as well as multiple GOP district chairmen who came on last year. North Dakota's dominant Republican Party has seen infighting between ultraconservative and establishment members, notably in the party censures of several state lawmakers and a walkout from a party meeting last year.

Source: Bismarck Tribune