N.D. Cent. Code § 11-10.2-02

11-10.2-02. 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
es 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.