There is disappointing news from North Dakota tonight, as Measure 5 appears to be going down to defeat. The opponents of this measure, mostly ranching and farming trade associations, were able to cast doubt among voters and tell them the proposed felony animal cruelty law was written by “outside” groups, as if the language morphs into something different depending on who backs it.

North Dakotans will vote next week on Measure 5, to make it a felony to maliciously and intentionally harm a dog, cat or horse. Lawmakers in neighboring states such as Montana and Minnesota adopted felony-level penalties for malicious cruelty years ago, and Massachusetts, Rhode Island and Oklahoma took action in the 19th century! In fact, 48 states have done it, and it’s embarrassing that North Dakota is such an outlier.

It’s just about one week left before Election Day, and one of the battleground states for animal protection is North Dakota. Measure 5 would make it a felony to maliciously and intentionally harm a dog, cat or horse, and would bring North Dakota’s cruelty law in line with those of 48 other states that previously adopted felony penalties for extreme animal abusers.

Just two decades ago, only seven states had felony-level penalties for animal cruelty (California, Florida, Massachusetts, Michigan, Oklahoma, Rhode Island, and Wisconsin). Fortunately, there has been a steady drumbeat of lawmaking on this issue over the last 20 years, mostly led by The HSUS, HSLF, and state and local animal welfare groups, and now 48 states punish some forms of animal abuse as a felony offense, with Mississippi and Idaho being the most recent states to upgrade their anti-cruelty statutes.

A number of states held primary elections yesterday, including competitive open seats and incumbent-versus-incumbent races, and there were several important outcomes for animal protection advocates. Here is a wrap-up of some of the noteworthy election results:

The dogs are finally getting their day. In recent weeks, there have been two major actions that will step up federal enforcement to crack down on the worst puppy mill abuses in the country.

The D.C. City Council last year unanimously passed an ordinance to protect consumers and wildlife by regulating private wildlife control operators.

The Ohio Department of Agriculture has denied a permit for an Iowa-based agribusiness company, Hi-Q Egg Products, to construct a new battery cage facility confining six million egg-laying hens, which would be in addition to the nearly 27 million already in cages in the state.

Nearly five months into 2011, many state legislatures have already adjourned for the year. There has been a tremendous amount of progress made on state policies to protect animals from cruelty and abuse, with most of the efforts led by HSLF and The HSUS, even while lawmakers’ attention is consumed with budget crises and other pressing social concerns.