A North Dakota judge struck down the rule that reserved to four trade groups the nomination of six of the nine Beef Commission commissioners. The ruling opens those nominations to any person or group, although the governor retains the power to choose.
A North Dakota judge determined that the law regulating the nomination of members of the state Beef Commission violates the state constitution, because it grants the power of nomination exclusively to specific trade groups and to no one else.
"That is arbitrary and unreasonable," South Central District Judge Jackson Lofgren wrote in his Friday decision.
Three cattle producers —Kenneth Graner, Michael Heaton and Jeremy Maher, directors of the Ranchers Rights Initiative— challenged the law last year as unconstitutional. The state sought to have their claims dismissed, and the judge heard arguments from both sides at a hearing.
Lofgren noted that the law "deals out an advantage by name," by granting the designated groups "the exclusive power to choose who may be considered for six seats on a public commission."
"By specifically naming private entities, rather than listing criteria for entities to meet to be eligible to submit nominations, [the law] creates a closed class that prohibits accession into it," the judge wrote.
The judge added that even if there were specific requirements or qualifications that only those organizations possess, the law does not list those requirements; it only names the organizations. "The classification is based solely and arbitrarily on being a specific organization. Thus, the classification in [the law] bears no relationship to the commission's purpose of promoting the cattle industry in North Dakota," he wrote.
Naming specific organizations to make nominations creates a special law that treats similar people and groups differently, something prohibited by North Dakota's constitution, according to the ruling.
The Beef Commission is made up of nine members —three beef producers, one cattle feeder, one dairy producer, one representative of a public livestock market and three at-large members—, all appointed by the governor. Six of the nine are nominated by four cattle-related organizations, including the North Dakota Stockmen's Association, named in the law.
The commission decides how to use the money raised by a $2 per head fee on cattle sales —$1 for the state and $1 for the federal government—, known as the beef checkoff. The funds go mainly to beef promotion, education and research. According to an annual report, the commission raised more than $1.5 million in assessment revenue in 2024–2025.
In a statement Tuesday, the Ranchers Rights Initiative said: "For years, independent cattle producers were barred from serving on the [Beef Commission] because of the Stockmen's Association's complete control over nominations. The North Dakota Legislature rejected multiple attempts to correct and reform the law. Today, that barrier has finally come down."
An attorney for the challengers, Robby Dube, said the decision means the Beef Commission is now open to the entire industry and opens the doors to 20 other state boards with the same selection process.
"If you were excluded because you weren't willing to pay the dues to join some trade group, you now have the chance to say, 'Hey, that's illegal. You need to stop doing that,'" Dube said.
Dube explained that the law keeps the industry-specific seats, but now anyone can nominate for them, and the governor can choose from any nomination. The executive branch will have to change its nomination form. The Legislature is not required to act, though it could consider how to make the selection process more democratic, perhaps through election rather than appointment, he added.
The ruling applies to future appointments. The judge made clear that nothing in his decision "prevents the governor from accepting recommendations from any person or group, including the named associations."
Gov. Kelly Armstrong "respects the court's ruling, which provides the Governor's Office additional discretion in appointing members to the Beef Commission," spokesman Mike Nowatzki said via email.
The judge did not rule entirely in favor of the challengers. They argued that an eligibility requirement —which bars commissioners from receiving a checkoff refund in the last three years— is punitive and discriminatory. Lofgren said the Legislature can set the time limit for the requirement and the conditions for the refund, and that lawmakers would rationally want those who have paid into the program to decide how to spend the money.
The commission could appeal to the state Supreme Court.
