Methods of accomplishing office combination, separation, or redesignation of elective or appointive status
N.D. Cent. Code § 11-10.2-02
in effect11-10.2-02. Methods of accomplishing office combination, separation, or
redesignation of elective or appointive status.
The combination or separation of elective county offices, or redesignation of a county office
as elective or appointive, may be accomplished:
1. By resolution of the board of county commissioners, subject to the right of referendum
in the county electors. The board of county commissioners may by a majority vote
adopt a preliminary resolution incorporating a proposed plan for combining or
separating county offices, or redesignating a county office as elective or appointive.
The board shall cause the complete text of the proposed plan to be published in the
official newspaper of the county, at least once during two different weeks within the
thirty-day period immediately following the adoption of the preliminary resolution. The
board of county commissioners shall hold public hearings and community forums or
use other suitable means to disseminate information, receive suggestions and
comments, and encourage public discussion of the purpose, conclusions, and
recommendations of the plan. Within two years after the adoption of the preliminary
resolution, the board of county commissioners may by final resolution approve the plan
or amend the plan and approve it for implementation according to its terms. The final
resolution may be referred to the qualified electors of the county by a petition
protesting the plan. The petition must be signed by ten percent or more of the total
number of qualified electors of the county voting for governor at the most recent
gubernatorial election, and filed with the county auditor, or functional equivalent of that
office, before four p.m. on the thirtieth day after the final resolution is adopted. Within
ten days after the filing of the petition, the county auditor shall examine the petition and
ascertain from the voter list whether the petition contains the signatures of a sufficient
number of qualified electors. Any insufficiencies may be cured by the filing of an
amended petition within ten days after the county auditor declares the insufficiency.
The final resolution is suspended upon a determination by the county auditor that the
petition was timely filed and contains the signatures of a sufficient number of qualified
electors. The board of county commissioners shall reconsider the referred resolution,
and if it does not repeal the resolution in its entirety, shall submit the resolution to a
vote of the qualified electors of the county at the next regular election. The county
auditor shall cause the complete text of the resolution to be published in the official
newspaper of the county, not less than two weeks nor more than thirty days, before the
date of the election. If a majority of the qualified electors voting on the question
approves the resolution, the plan incorporated in the resolution is effective and
becomes operative according to its terms as if it had not been suspended.
2. By initiative of county electors. A petition signed by ten percent or more of the total
number of qualified electors of the county voting for governor at the most recent
gubernatorial election may be submitted to the board of county commissioners, calling
upon the board to submit to the electors the question of adopting a plan described in,
or annexed to, the petition. The county auditor, or the functional equivalent of that
officer, shall examine the petition and ascertain from the voter list whether or not the
petition contains the signatures of a sufficient number of qualified electors. Any
insufficiencies may be cured by the filing of an amended petition within thirty days after
the county auditor declares the insufficiency. When a plan for the combination or
separation of county offices or redesignation of county offices as elective or appointive
is proposed pursuant to this subsection, the board of county commissioners shall
submit the proposed plan to a vote of the qualified electors of the county at a primary
or general election not less than sixty days nor more than two years, as specified in
the petition, after determining that the petition is sufficient. The question on the ballot
at the election must be framed in a manner that fairly and accurately describes the
substance of the proposed plan. The board shall cause the complete text of the
proposed plan to be published in the official newspaper of the county, at least once
during two different weeks within the thirty-day period immediately preceding the date
of the election. The board of county commissioners may, prior to the election, hold
public hearings and community forums and use other suitable means to disseminate
information, receive suggestions and comments, and encourage public discussion of
the purpose, conclusions, and recommendations of the plan. If a majority of the
qualified electors voting on the question approves of its adoption, the plan is effective
according to its terms.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t11c10-2.pdf#nameddest=11-10p2-02Fetched: 10/16/2026