Vacancy in state or district office - How filled
N.D. Cent. Code § 44-02-03
in effect44-02-03. Vacancy in state or district office - How filled
Any vacancy in a state or district office, except in the office of a member of the legislative
assembly, must be filled by appointment by the governor. The governor may not fill a vacancy in
the office of a member of the legislative assembly. A vacancy in the office of a supreme court
justice or district court judge must be filled as provided in chapter 27-25. If during a vacancy in
the office of governor, the lieutenant governor and the secretary of state are impeached,
displaced, resign, or die, or from mental or physical disease or otherwise become incapable of
performing the duties of the office of governor as provided by sections 2 and 7 of article V of the
Constitution of North Dakota, then the succession to the office of governor is the speaker of the
house, president pro tempore of the senate, attorney general, in the order named. Each
succeeding person named shall hold the office of governor until the vacancy is filled by election
or until any disability of the preceding person in the line of succession is removed.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t44c02.pdf#nameddest=44-02-03Fetched: 10/16/2026