Public comment has long been a staple of local government meetings. But in North Dakota and other parts of the country, this engagement tool faces a future that's a little less certain.

This month, the Fargo City Commission has come under scrutiny over possible plans to revamp the public comment portion of its meetings.

Some commissioners have proposed breaking up when residents can talk about certain issues.

Another idea being floated is to remove public comment from regular meetings and possibly shift that option to quarterly forums.

Cody Schuler, advocacy manager with the American Civil Liberties Union of North Dakota, said he feels local leaders are beginning to walk down a dangerous path.

"We are a government by, for, and of the people," said Schuler, "and our elected representatives are an extension doing the work of the citizens - and citizens have every right to fully speak."

Fargo leaders in favor of exploring a format change say they want more productive dialogue and to give residents meaningful answers on the spot.

However, not all city commissioners are on board with kicking around these ideas, echoing concerns raised by free-speech advocates. Similar debates have surfaced in cities such as Spokane, Washington.

In Fargo, Schueler said leaders need to realize that public participation has become a valuable way for BIPOC residents and younger adults to share their concerns with the city.

"We need to make sure that those who are not in power," said Schuler, "those who may be marginalized, those who might be of lower socio-economic status, have a voice."

He added that while this City Commission is pretty accessible, it can't be guaranteed for future elections.

He said fully maintaining public comment can mitigate any future panels that might not be viewed as fully engaged with constituents.




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A bill in Olympia would further expand Washington state's automatic voter registration process.

Sen. Javier Valdez, D-Seattle, introduced Senate Bill 5077 to allow the governor to widen automatic voter registration to more government agencies. Proponents said nearly a million eligible voters in Washington are not registered.

Abigail Leong, communications manager for the Washington Voting Justice Coalition, testified Tuesday in support of the measure. She said the unregistered are typically new citizens, low-income, or people with convictions who are less likely to get enhanced driver's licenses, where they would be automatically registered.

"By automatically registering people to vote when they become citizens, apply for health care or return home from prison, we take the burden of registration off of potential voters," Leong asserted.

Leong argued the bill would also save the state time and money. One opponent of the bill testified the legislation would make the state's elections less secure. The bill is scheduled for an executive session tomorrow in the Senate Committee on State Government, Tribal Affairs and Elections.

Jacob Schmitt, founder and director of the nonprofit Just Us Solutions, was formerly incarcerated. He testified in support of the bill, saying people who are released from incarceration often struggle with technology.

"Anything that we can do to strategically set people up coming out of incarceration to be involved with the civic process is something that we should do," Schmitt contended. "I say we should do this because every barrier that we remove that would otherwise frustrate them or make them feel disenfranchised is something that makes them feel like they're part of the community."

Hailey Wu, community engagement coordinator for Asian Counseling and Referral Service, said expanded automatic voter registration would help immigrant communities in Washington state as well.

"Immigrant families face countless challenges, like discrimination, a long road to citizenship and language barrier that prevent them from fully connecting with their new community," Wu explained. "Sadly, many of our community, they don't receive enough voter outreach, so they need more support to register accurately and on time for Election Day."

A Montana District Court this week issued a preliminary injunction maintaining the public's right to know about legislative bills but the case will need to be revisited for a final decision.

The Montana Constitution protects the public's right to review bill draft files. Last year, the Legislative Services Division made a policy restricting the right, arguing legislators have the right to prevent the public from seeing those files.

Anne Hedges, policy and legislative director for the Montana Environmental Information Center, a plaintiff in the case, said the policy is counter to the state constitution, which was written to keep the public "front and center in our government."

"They are the ones that elected officials are supposed to be representing and working on behalf of," Hedges pointed out. "They have a right to know and a right to participate in government decision-making."

Hedges noted her organization won a case on similar grounds in 1995. The injunction this week will maintain the right to know through the current legislative session but litigation will likely be needed to reach a final decision.

Rylee Sommers-Flanagan, founder and executive director of Upper Seven Law, an attorney for the plaintiffs, noted access to bill drafts is important for the public but also for legislative staff, lobbyists and the press, who she said joined the lawsuit with separate representation.

"If you don't have access to the information that you need in a timely manner, it will impact your ability to participate effectively in the lawmaking process," Sommers-Flanagan contended.

She added the Montana Constitution, adopted in 1972, has some of the strongest protections for such rights in the country.

Support for this reporting was provided by The Carnegie Corporation of New York.


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The North Dakota Legislature isn't done trying to reshape approval requirements for future ballot questions that cover constitutional amendments. The latest attempt seeks to go beyond a "simple majority." Last fall, voters across the state rejected the idea of increasing the signature requirement for getting initiated measures on the ballot. That plan had also called for these measures to be successful in a primary and general election before becoming final. Despite the failure, there's now a plan to bump the approval threshold for a ballot question to 60%.

Amy Jacobson, executive director of the group Prairie Action, said a "super-majority" approach hurts grassroots level efforts.

"We really see it as kind of being designed to silence the voters by raising the voter threshold. It makes it much more difficult for everyday citizens to use something that is a protected right within our state constitution," she explained.

The Legislative sponsor and other supporters argue that compared with other states, North Dakota makes it too easy for constitutional amendments to cross the finish line. They also cite the influence of out-of-state interest groups. If the Legislature greenlights the proposal, North Dakota voters would then decide whether the higher threshold should become the standard.

Backers of the change often describe the state constitution as a "sacred" document.

Dustin Gawrylow, managing director of the North Dakota Watchdog Network, said at a recent committee hearing that lawmakers wanting this move are being selective in who should have a say when changes are involved.

"Is it all sacred or is it just some of it sacred? Because Article Three is the powers reserved to the people," he continued. "What does reserved mean? Does that mean unless the Legislature disagrees? Or, does it mean that they're truly reserved?"

Gawrylow would like to see reforms dealing with out-of-state interest groups spending money on ballot campaigns. But he thinks that should be dealt with separately. Other opponents say raising the threshold actually gives those entities a bigger voice over citizens.