N.D. Cent. Code § 11-09.1-04
This is the official text of N.D. Cent. Code § 11-09.1-04, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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11-09.1-04. Ratification by majority vote - Supersession of existing charter and conflicting state laws - Exception - Filing of copies of new charter
Official statutory text
11-09.1-04. Ratification by majority vote - Supersession of existing charter and
conflicting state laws - Exception - Filing of copies of new charter.
If a majority of the qualified electors voting on the charter at the election vote in favor of the
home rule charter, it is ratified and becomes the organic law of the county on the first day of
January or July next following the election, and extends to all its county matters, unless limited
by law. The charter and the ordinances made pursuant to the charter in county matters, except
for matters pertaining to county elections, must be liberally construed to supersede within the
territorial limits and jurisdiction of the county any conflicting state law except for any state law as
it applies to cities or any power of a city to govern its own affairs, without the consent of the
governing body of the city. Any ordinance enacted or adopted by a county pertaining to county
elections under a home rule charter in conflict with state law is void. The charter may not
authorize the enactment of ordinances to diminish the authority of a board of supervisors of a
township or to change the structure of township government in any organized civil township,
without the consent of the board of supervisors of the township. An ordinance of a home rule
county may not supersede sections 49-22-16 and 49-22.1-13. One copy of the charter as
ratified and approved must be filed with the secretary of state; one with the recorder for the
county, unless the board of county commissioners designates a different official; and one with
the auditor of the county to remain as a part of its permanent records. Courts shall take judicial
notice of the charter.
conflicting state laws - Exception - Filing of copies of new charter.
If a majority of the qualified electors voting on the charter at the election vote in favor of the
home rule charter, it is ratified and becomes the organic law of the county on the first day of
January or July next following the election, and extends to all its county matters, unless limited
by law. The charter and the ordinances made pursuant to the charter in county matters, except
for matters pertaining to county elections, must be liberally construed to supersede within the
territorial limits and jurisdiction of the county any conflicting state law except for any state law as
it applies to cities or any power of a city to govern its own affairs, without the consent of the
governing body of the city. Any ordinance enacted or adopted by a county pertaining to county
elections under a home rule charter in conflict with state law is void. The charter may not
authorize the enactment of ordinances to diminish the authority of a board of supervisors of a
township or to change the structure of township government in any organized civil township,
without the consent of the board of supervisors of the township. An ordinance of a home rule
county may not supersede sections 49-22-16 and 49-22.1-13. One copy of the charter as
ratified and approved must be filed with the secretary of state; one with the recorder for the
county, unless the board of county commissioners designates a different official; and one with
the auditor of the county to remain as a part of its permanent records. Courts shall take judicial
notice of the charter.
Status: in_force · Read it on the official government site
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