The only contested legislative race in Bismarck on Tuesday is among Republicans in District 35 running for a seat in the House.

If people vote on the Republican ticket, they will choose whether to eliminate incumbent Bob Martinson, Karen Karls, who received the endorsement from the District 35 Republicans, or Michael Zimny, who petitioned to get his name on the ballot as a Republican.

Voters will choose two candidates they want to advance to the November general election and take on Democrats.

Martinson has served in the House from 1972 to 1997 and again since 2000. In 1993 he was the House majority leader. Martinson was the director of the Tourism Department from 1997 to 2000 and is a retired member of the North Dakota Air National Guard. Martinson serves as chairman of the Education and Environmental Division of the House Appropriations Committee.

Karls, who has been the chairwoman of the District 35 Republicans for eight years, is a professional cake maker and works as a page when the Legislature is in session. Her husband is Ken Karls, chairman of the state Republican Party.

Zimny is a land surveyor who owns Meridian Land Surveyors in downtown Bismarck and has been a resident of District 35 for 20 years. Before owning his own business, Zimny worked as a surveyor for the federal government for 20 years.

Constitutional measures

There will be two constitutional measures voted on by North Dakotans on Tuesday.

Constitutional Measure No. 1 changes language that defines the state militia.

Language in the state constitution specifies that the militia is comprised of all "able-bodied male persons residing in the state, between the ages of eighteen and forty-five years old." That language excludes women, nonresidents and people older than 45.

Supporters of the changes, including Attorney General Wayne Stenehjem, said they are needed because the North Dakota National Guard, which is the active militia, includes women, nonresidents and people older than 45.

Although federal laws allow those groups to serve in the Guard, Stenehjem said a federal court could rule the language unconstitutional.

Opponents of the changes, which include some legislators, think the changes are unnecessary and are worried that it will allow women to be drafted or that the federal government is trying to gain more control over the Guard.

According to the North Dakota National Guard, of its 4,300 members, there are about 735 women, 559 nonresidents and 518 people who are older than 45. The current language in the constitution dates back to 1889.

Measure No. 2

Backers of Constitutional Measure No. 2 have already lost a battle in the 2004 primary election.

Supporters say the measure removes outdated or unnecessary provisions in the constitution relating to business corporations and authorizes the Legislature to regulate corporations.

According to the North Dakota Chamber of Commerce, the measure changes provisions that are no longer applicable or are covered by more recent federal laws and brings North Dakota incorporation laws up to date. It will allow corporations the choice of determining their own method of governance within the framework of laws passed by the Legislature.

Chamber members have said the current language is discouraging businesses from incorporating in North Dakota because it mandates the way shareholders of a company vote.

In 2004, more than 58 percent of the voters rejected the measure.

If passed, both constitutional measures would take effect July 1.