N.D. Cent. Code § 11-10.3-01 Multicounty combination of elective offices
11-10.3-01. Multicounty combination of elective offices
1. A county may combine any county elective office with one or more elective offices of
one or more other counties for the purpose of sharing that combined office for the
performance of functions and the provision of services among those counties. The
procedures set forth in this chapter apply to the combination, unless a specific
procedure for combining particular elective county offices is otherwise provided by law.
2. A proposal for combining county elective offices may be accomplished:
a. By the boards of county commissioners of each affected county by entering into a
joint powers agreement incorporating a plan for the office combination, subject to
the right of referendum in the electors of each of the counties; or
b. By initiative of the electors of each affected county. A petition signed by ten
percent or more of the total number of qualified electors of each county voting for
governor at the most recent gubernatorial election may be submitted to the
boards of county commissioners of each county, calling upon the boards to
submit to the electors the question of adopting a plan described in, or annexed to,
the petition.
3. A joint powers agreement entered into between counties for combining the functions of
any county elective office pursuant to subdivision a of subsection 2 may be referred to
the qualified electors of an affected county by a petition protesting the agreement. 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 agreement 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 implementation of the terms of
the joint powers agreement 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
agreement and, if the board does not terminate the agreement in its entirety, shall
submit the question 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 agreement 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. The boards 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 and provisions of the plan. If a majority of
the qualified electors voting on the question in the county approve the question, the
plan incorporated in the agreement is effective and becomes operative according to
the terms of the agreement as if the agreement had not been suspended. If the
electors of either county do not approve the question, the plan does not become
effective.
4. The question of combination of the functions of elective county offices brought by
petition pursuant to subdivision b of subsection 2 must be submitted by the boards of
county commissioners to the electors in each of the affected counties at a primary or
general election not less than sixty days nor more than two years, as specified in the
petition, after the petition is determined sufficient by each board. The question on the
ballot at the election must be framed in a manner that fairly and accurately describes
the substance of the proposed office-sharing arrangement. The board of county
commissioners in each affected county shall cause the complete text of the proposed
plan for combining offices 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 boards 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 and provisions of the plan. If a majority of the qualified
electors of each county voting on the question approves of its adoption, the plan is
effective according to its terms.
5. One copy of the plan as approved must be filed with the district court for each county
and one with each county auditor or functional equivalent to remain as a part of each
county's permanent records. The boards of county commissioners may take any action
necessary to bring about an orderly transition in implementation of the plan.
6. A plan, or part of a plan, adopted pursuant to this chapter may be revised or
terminated through another joint powers agreement or petition submitted pursuant to
the procedure set forth in this chapter for adopting a plan, or pursuant to provisions for
termination or revision provided in the original joint powers agreement.