N.D. Cent. Code § 11-07-04

11-07-04. Commissioners' terms of office - Staggered terms

1. When redistricting is completed or if failure to redistrict requires at large election of

commissioners as provided in section 11-07-03, all commissioners then holding office

who will be elected in the same manner, either from districts or at large, as they were

elected at the last election shall complete the remainder of that term of office.

However, an election must be held at the next general election in any district where

redistricting places two or more holdover commissioners in that district or leaves a

district without a commissioner residing in the district. In those counties retaining the

same method of electing county commissioners as that utilized before a decennial, or

other, redistricting, elections must continue on a staggered basis in accordance with

the same classes in force before the effective date of a redistricting. At the first general

election following redistricting of the county or election of commissioners at large, the

county commissioner offices held by commissioners whose terms would end in the

month of December following that general election must be open for election.

2. If the county previously elected county commissioners at large and the county has

been divided into districts, those elected in districts designated by even numbers

constitute one class and those elected in districts designated by odd numbers

constitute the other class. If election of commissioners at large is necessary and the

county previously was districted, classes of such commissioners must be determined

by assigning a number to their respective offices according to the numerical total of the

votes cast for them at the general election at which they were elected. The

commissioners of one class elected in the first election held following a redistricting

pursuant to this chapter hold office for two years and those of the other class hold

office for four years. The determination of the two classes must be by lot so that

one-half of the commissioners, as nearly as practicable, may be elected biennially. An

individual mutually agreed upon by the two classes of commissioners shall perform the

lot in the presence of all of the newly elected commissioners affected by this

subsection within thirty days after the date of the first general election following

redistricting or election of commissioners at large, if required, and shall certify in

writing the results of such lot to the county auditor within five days after its completion.