N.D. Cent. Code § 11-10.3-01

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
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.