North Dakota Attorney General Opinions

Date Issued: February 12, 1987 (AGO 87-02) Requested by: Vern Fahy, State Engineer - QUESTION PRESENTED - Whether the State Water Commission may reimburse landowners for their cost of modifying illegal dikes on their property? - ATTORNEY GENERAL'S OPINION - It is my opinion that the State Water Commission may, under appropriate circumstances, reimburse landowners for their cost of modifying illegal dikes on their property. - ANALYSIS - The dikes in question are located

N.D.A.G. Letter to Meyer (Feb. 6, 1987) February 6, 1987 Honorable Dean Meyer State Senator Senate Chambers Bismarck, ND 58505 Dear Senator Meyer: Thank you for your letter of January 27, 1987, concerning North Dakota's corporate farming laws. N.D.C.C. § 10-06-01 states, in part, as follows: 10-06-01. FARMING OR RANCHING BY CORPORATIONS PROHIBITED -- RETENTION OF MINERAL INTEREST PROHIBITED. All corporations, except as otherwise provided in this chapter , are prohibited from owning or leasing land used for farming or ranching and from engaging in the business of farming o

N.D.A.G. Letter to Hall (Feb. 5, 1987) February 5, 1987 Mr. Nicholas B. Hall Walsh County State's Attorney Walsh County Courthouse Grafton, ND 58237 Dear Mr. Hall: Thank you for your letter of January 21, 1987, regarding election procedures for home rule counties. According to your letter, there appears to be a conflict between N.D.C.C. § 11-09.1-05(4) (which provides that all matters pertaining to county elections may be determined by a home rule county pursuant to their home rule charter) and 11-09.1-09 (which provides that the elections provided for in N.D.C.C. Ch. 11-09.1 are subje

N.D.A.G. Letter to Wild (Feb. 2, 1987) February 2, 1987 Mr. Steven J. Wild Bowman County State's Attorney P. O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter of December 23, 1986, concerning the authority of a board of county commissioners to determine the qualifications of a person who has been elected to a county office. After reading your letter and learning of the additional facts presented to one of my staff attorneys, it would appear that someone has been elected to the office of Slope County State's Attorney and has entered upon the duties of such office with

N.D.A.G. Letter to Gibbens (Feb. 2, 1987) February 2, 1987 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your January 7, 1987, letter wherein you inquire whether outstanding personal property tax liabilities remain collectible in view of the fact that personal property has been exempt from ad valorem taxation since 1970. N.D.C.C. § 57-02-08(25). For the following reasons, it is my opinion that these pre-1970 outstanding liabilities remain collectible and are not affected by the provisions of N.D.C.C. § 57-02-08(25). F

N.D.A.G. Letter to Collins (Feb. 2, 1987) February 2, 1987 Ms. Jet Collins Administrative Assistant Credit Review Board State Capitol Bismarck, ND 58505 Dear Ms. Collins: Thank you for your letter of January 23, 1987, concerning three questions asked by the Credit Review Board. I will respond to them in the order they are presented in the letter. 1. Can the Credit Review Board issue an interest subsidy on a contract for deed ? I find nothing in the statute or rules which would prohibit the Credit Review Board from issuing an interest subsidy on contract for deed financing provided

N.D.A.G. Letter to Meier (Jan. 30, 1987) January 30, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: Thank you for your letter of January 14, 1987, concerning a North Dakota farm corporation, Shide Farms, Inc. A corporation which neither owns nor leases any farmland or ranchland in North Dakota, but which only owns farm equipment and undertakes custom farming operations, is not a legitimate farm corporation under the provisions of N.D.C.C. Ch. 10-06. A corporation organized pursuant to N.D.C.C. § 10-06-07 must own

N.D.A.G. Letter to Meier (Jan. 29, 1987) January 29, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of January 26, 1987, in which you inquire whether an amendment to N.D.C.C. § 41-09-41 that would require UCC financing statements to contain "a social security number or federal tax identification number" would affect the validity of CC financing statements presently filed in your office that do not contain such information. The rules of statutory construction provide that: No part

N.D.A.G. Letter to Meyer (Jan. 26, 19887) January 26, 1987 Honorable Ray Meyer State Representative House Chambers State Capitol Bismarck, ND 58505 Dear Representative Meyer: Thank you for your letter of January 16, 1987, concerning the application of the divestment period in N.D.C.C. § 10-06-13. N.D.C.C. § 10-06-13(5) states as follows: 5. Unless retention of the farmland or ranchland is permitted under subsection 6 or 7, all farmland or ranchland acquired as security for indebtedness, in the collection of debts, or by the enforcement of a lien or claim s

N.D.A.G. Letter to Meier (Jan. 20, 1987) January 20, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of December 23, 1986, regarding the time frame for holding a special election. As you note in your letter, N.D. Const. Art. III, §5, provides that a referred measure may be voted upon at a special statewide election called by the Governor. See Haugland v. Meier , 339 N.W.2d 100, 105 (N.D. 1983). However, the procedure for conducting a special election is not set forth in N.D. Const. Art. III. The general

N.D.A.G. Letter to Gerntholz (Jan. 20, 1987) January 20, 1987 Honorable Gereld Gerntholz House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Gerntholz: I am responding to your request for an Attorney General's opinion relayed to this office by Majority Leader Earl Strinden as to the legality of House Bill 1268. House Bill 1268 amends N.D.C.C. § 11-33-20 by specifically providing that a township may revoke its relinquishment of its zoning powers to a county. By this additional language, a township may withdraw its relinquishment of its zoning powers and reacqui

N.D.A.G. Letter to Melby (Jan. 19, 1987) January 19, 1987 Honorable Arthur Melby State Representative State of North Dakota Bismarck, ND 58505 Dear Representative Melby: This is in response to your December 15, 1986, letter. In that letter you inquired whether a water resource district has "the authority to sell bonds to raise funds without approval by the Board of County Commissioners?" You also inquired whether the same rules applied to joint water resource districts. N.D.C.C. § 61-16.1-16 authorizes a water resource district to issue revenue bonds not exceeding an aggregate of ten m

N.D.A.G. Letter to Keller (Jan. 19, 1987) January 19, 1987 Honorable Joe Keller North Dakota State Senator State Capitol Bismarck, ND 58505 Dear Senator Keller: Thank you for your letter in which you inquire whether the mobile home tax levied pursuant to N.D.C.C. Ch. 57-55 must be paid by a lending institution before repossession of a mobile home financed by a direct loan from the lending institution. I have reviewed the provisions of N.D.C.C. Ch. 57-55 and N.D.C.C. §§ 51-07-11 and 57-22-18 and it is my opinion that the lending institution is not required to remit the mobile home tax pr

N.D.A.G. Letter to Ficek (Jan. 19, 1987) January 19, 1987 Mr. Vince H. Ficek Dickinson City Attorney P. O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your December 12, 1986, letter wherein you inquire about the deadline for filing an application for a tax abatement or refund pursuant to the provisions of North Dakota Century Code Ch. 57-23. Applications for abatement or refund of ad valorem taxes are made pursuant to the provisions of N.D.C.C. § 57-23-04. This section provides, in part, that these applications must be "filed in the office of the county auditor on or

Date Issued: January 12, 1987 (AGO 87-01) Requested by: Earl R. Pomeroy, Commission of Insurance - QUESTION PRESENTED - Whether legal fees and expenses incurred in the defense of an insured for an insurance company prior to a determination that the insurance company is insolvent are "covered claims" within the meaning of N.D.C.C. chapter 26.1-42 which must be paid by the North Dakota Insurance Guaranty Association. - ATTORNEY GENERAL'S OPINION - It is my opinion

N.D.A.G. Letter to Nelson (Jan. 6, 198 7 ) January 6, 1987 Ms. Carol S. Nelson Barnes County State's Attorney P.O. Box 209 Valley City, ND 58072 Dear Ms. Nelson: Thank you for your letter of November 25, 1986, concerning the release of a financing statement filed with the register of deeds. I apologize for the delay in responding to you. The question in your letter concerns a financing statement which has been filed as well as recorded as a mortgage lien against real property. You indicate that when a release is received by the register of deeds he files it but does not record it again

N.D.A.G. Letter to Hoy (Dec. 26, 1986) December 26, 1986 Mr. Robert G. Hoy Cass County State's Attorney P.O. Box 2806 Fargo, ND 58108 Dear Mr. Hoy: Thank you for your October 22, 1986, letter wherein several issues were presented. I apologize for the delay in responding to you. In your first question you ask whether redesignating the county road system would remove from the system certain stretches of roadway which would thereafter become part of the township road system. Redesignation under N.D.C.C. §24-05-16, will not remove the counties' responsibility for roads designated as part o

N.D.A.G. Letter to Eiken (Dec. 26, 1986) December 26, 1986 Mr. Doug Eiken, Director North Dakota Parks & Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, ND 58501 RE: Advisory Committee on Land Acquisitions by Non-Profit Corporations Dear Mr. Eiken: Thank you for your letter of December 3, 1986, concerning the constitutionality of N.D.C.C. § 10-06-04.3(3), and the Advisory Committee's proposed acquisition plan and recommended format procedure for submitting the plan. I will answer your questions in the order addressed. Generally speaking, pr

N.D.A.G. Letter to Rodakowski (Dec. 24, 1986) December 24, 1986 Mr. Casimer Rodakowski, Chairman Mr. Philip Malkowski, Member Mr. Jerry Redmond, Member Billings County Board of County Commissioners Billings County Courthouse Medora, ND 58645 Dear Commissioners: Thank you for your letter of November 24, 1986, requesting the assistance of this office in handling the apparent vacancy which will occur in the Office of the Billings County State's Attorney. According to your letter, the newly-elected Billings County State's Attorney has indicated he will not be qualifying or assuming the p

Office of the Attorney General State of North Dakota Opinion No. 86-35 Date Issued: December 24, 1986 Requested by: Honorable John T. Schneider State Representive --QUESTION PRESENTED-- Whether a person convicted of a felony prior to the effective date of N.D.C.C. § 62.1-02-01 is thereafter subject to the prohibitions of that statute pertaining to the possession of firearms. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a person convicted of a felony prior to the effective date of N.D.C.C. § 62.1-0

N.D.A.G. Letter to McIntee (Dec. 24, 1986) December 23, 1986 Mr. Michael S. McIntee McHenry County State's Attorney P. O. Box 246 Towner, North Dakota 58788 Dear Mr. McIntee: Thank you for your letter of December 8, 1986, posing three questions to us for responses. Your first question concerns a possible conflict of interest existing within your board of county commissioners. According to your letter, a current commissioner is active in highway road contracts. You indicate that possible conflicts of interest may occur where the county involves itself in its

N.D.A.G. Letter to Myers (Dec. 18, 1986) December 18, 1986 Mr. Earle R. Myers, Jr. Richland County State's Attorney Law Enforcement Center Wahpeton, ND 58075 Dear Mr. Myers: Thank you for your letter of November 17, 1986, regarding the statutory provisions governing school election procedures. I understand the confusion which occurs in at- tempting to determine which election laws apply to school elections. Generally speaking, those election laws found in N.D.C.C. Title 16.1 apply to school elections except as otherwise provided for in N.D.C.C. Title 15 or Chs. 21-03 and 40-21. The pro

N.D.A.G. Letter to Schindler (Dec. 16, 1986) December 16, 1986 Honorable Orville Schindler State Representative District 31 McClusky, ND 58463 Dear Representative Schindler: Thank you for your recent letter posing three questions to this office concerning the North Dakota habitat restoration stamp program. Your first question is why the current balance within the habitat restoration fund has not been spent and what happens to any balance remaining in the fund at the end of the biennium. According to the information supplied by the North Dakota Game and Fish Department, there is an appr

N.D.A.G. Letter to Marion (Dec. 16, 1986) December 16, 1986 Mr. James L. Marion Chief Parole Officer North Dakota Department of Parole and Probation P.O. Box 5521 Bismarck ND 58502-5521 Dear Mr. Marion: Thank you for your letter dated December 4, 1986. You have inquired as to the effect which the Firearms Owners Protection Act will have upon N.D.C.C. Ch. 62.1-02 with relation to the persons you and your agents supervise. The Firearms Owners Protection Act, which became effective on November 15, 1986, substantially changed the federal law which prohibits convicted felons from receivin

N.D.A.G. Letter to Brovold (Dec. 16, 1986) December 16, 1986 Mr. Jay Brovold Billings County State's Attorney P.O. Box 187 Medora, ND 58645 Dear Mr. Brovold: Thank you for your letter of December 3, 1986, requesting our opinion on two questions. The first question involves a proposed purchase of real estate by Billings County of land located outside of Billings County. After the land is purchased, the land would then be sold on a contract for deed to the Southwest District Health Unit of which Billings County is a member. We are unable to locate any authority for a county to purchase

N.D.A.G. Letter to Ficek (Dec. 12, 1986) December 12, 1986 Mr. Vince H. Ficek Dickinson City Attorney P. O. Box 866 Dickinson, ND 58601-0866 Dear Vince: Thank you very much for your letter of December 5, 1986, requesting my interpretation of N.D.C.C. § 5-02-05, regarding the closing time of liquor establishments on holidays. N.D.C.C. §5-02-05 forbids licensed retail establishments from dispensing or permitting consumption of alcoholic beverages on certain holidays. Each of those holidays begins at 12:01 a.m. Therefore, in order to comply with the law, a licensed liquor establishment mu

N.D.A.G. Letter to Patrie (Dec. 10, 1986) December 10, 1986 Mr. William S. Patrie Director North Dakota Economic Development Commission Liberty Memorial Building Bismarck, ND 58505 Dear Mr. Patrie: Thank you for your letter of October 21, 1986, inquiring as to the impact of the North Dakota open records law upon university research projects performed for private compa- nies. Specifically, your inquiry is whether research information gathered pursuant to a contract between a university research center and a private company may be subject to public disclosure pursuant to North Dakota's o

N.D.A.G. Letter to Gregg (Dec. 9, 1986) December 9, 1986 Mr. John R. Gregg Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear John: Thank you very much for your letter of October 30, 1986, concerning the relationship of N.D.C.C. § 5-01-07 to the issuance of a retail liquor license by the county commissioners. In addition to that letter, a follow-up telephone call redefined the questions asked and the information requested. We have reviewed our opinion file and the state alcoholic beverage statutes and can find no state law which prohibits the consumption of alcoholi

N.D.A.G. Letter to Kubik (Dec. 5, 1986) December 5, 1986 Mr. Joseph H. Kubik Dunn County State's Attorney 26 East Third Street P.O. Box 643 Dickinson, ND 58602-643 Dear Mr. Kubik: Thank you for your letter of November 26, 1986, inquiring as to which authority is able to employ and dismiss a deputy clerk of court. You mention that your county has a population of less than 25,000. As such, the clerk of the district court is also the clerk of the county court by operation of law. N.D.C.C. §27-07.1-09. We further assume that the clerk of the district court has appointed someone as deputy c

N.D.A.G. Letter to Conrad (Dec. 1, 1986) December 1, 1986 Honorable Kent Conrad Tax Commissioner State Capitol Bismarck, ND 58501 Dear Commissioner Conrad: Thank you for your letter of November 24, 1986, questioning the ability of the Tax Commissioner to require producers and purchasers of oil and gas, and royalty owners to furnish additional information deemed necessary for the purpose of correctly computing the amount of the oil and gas gross production tax. Apparently, during the past year, producers and purchasers have refused to provide certain information requested by the Tax Comm

N.D.A.G. Letter to Larson (Nov. 20, 1986) November 20, 1986 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your letter of November 10, 1986, requesting our review of a particular fact situation and the possible applicability of N.D.C.C. § 16.1-10-04. According to your letter, this particular factual situation involves a political party telephone volunteer and the oral statements made by the volunteer to a voter that the voter must vote for two candidates and both must be of the same political party in order for the vo

N.D.A.G. Letter to Sperry (Nov. 7, 1986) November 7, 1986 Mr. James E. Sperry Superintendent State Historical Society of North Dakota North Dakota Heritage Center Bismarck, ND 58505 Dear Mr. Sperry: Thank you for your letter of September 26, 1986, in which you ask several questions regarding the 1883 Stutsman County Courthouse. On November 25, 1985, the State Historical Board received a quitclaim deed from Stutsman County. That deed purported to transfer the interest of Stutsman County in the 1883 Courthouse to the State Historical Board of the State Historical S

N.D.A.G. Letter to Larson (Nov. 3, 1986) November 3, 1986 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your opinion request regarding whether the practice of reflexology by a person not licensed as massage therapist constitutes a violation of N.D.C.C. Ch. 43-25. I apologize for the delay in responding to you. Enclosed is a research memorandum on your opinion request which was prepared by a member of my staff. Although it appears that the practice of reflexology may constitute body massage pursuant to N.D.C.C. Ch. 43

N.D.A.G. Letter to McIntee (Oct. 29, 1986) October 29, 1986 Mr. Michael S. McIntee McHenry County State's Attorney P. O. Box 246 Towner, ND 58788-0246 Dear Mr. McIntee: Thank you for your letter of September 29, 1986, regarding the application for an absent voter's ballot sent to you by the Republican National Committee. N.D.C.C. Ch. 16.1-07 governs absentee voting and provides in pertinent part as follows: 16.1-07-01. ABSENT VOTER -- WHO MAY VOTE. 1. Any qualified elector of this state who, at any general, special, or primary state election, at any county election, or at any city

N.D.A.G. Letter to Hanson (Oct. 29, 1986) October 29, 1986 Honorable Robert Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Bob: Thank you for your letter of October 1, 1986, requesting information on the legality of consumer samplings of alcoholic beverages and your follow-up telephone call in which you requested information on whether retail establishments could buy alcoholic beverages from other retail establishments. In response to your telephonic question of whether retail establishments may purchase alcoholic beverages from other retail businesses, I am forwarding to

Office of the Attorney General State of North Dakota Opinion No. 86-34 Date Issued: October 29, 1986 Requested by: Kent Reierson Williams County State's Attorney --QUESTION PRESENTED-- Whether the court in a criminal proceeding against a person for abuse of a child is required by N.D.C.C. § 50-25.1-08 to appoint a guardian ad litem for the child. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the court in a criminal proceeding against a person for abuse of a child is not required by N.D.C.C. § 50-25.1- 08 to appoint a

N.D.A.G. Letter to Slorby (Oct. 28, 1986) October 28, 1986 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, North Dakota 58701 Dear Mr. Slorby: Thank you for your letter of October 10, 1986, inquiring whether a county must pay for the professional license fees of its full-time county employees when such license fees are required in order for them to perform their duties. Among the categories of persons who may have such professional license fees are attorneys, professional engineers, social workers, and nurses. Our review of the North Dakota Century Code has

N.D.A.G. Letter to Harmeson (Oct. 28, 1986) October 28, 1986 Mr. Phil Harmeson Associate Director Bureau of Governmental Affairs Box 7167 University of North Dakota Grand Forks, ND 58502 Dear Mr. Harmeson: Thank you for your letter of October 22, 1986, asking whether the Bureau of Governmental Affairs at the University of North Dakota would be an eligible recipient of gaming funds for the bicentennial celebration of the United States Constitution. The Attorney General's office would consider this particular use of gaming funds as a patriotic celebration whic

Office of the Attorney General State of North Dakota Opinion No. 86-33 Date Issued: October 24, 1986 Requested by: North Dakota Workmen's Compensation Bureau --QUESTIONS PRESENTED-- I. Whether the Workmen's Compensation Bureau is required by statute or otherwise to answer interrogatories submitted by a claimant's counsel. II. Whether the Workmen's Compensation Bureau is required to pay counsel for a claimant's attorney's fees in connection with the drafting and submission of interrogatories to be answered by the Bureau. --

N.D.A.G. Letter to Wild (Oct. 20, 1986) October 20, 1986 Mr. Steven J. Wild Bowman County State's Attorney P.O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter of September 29, 1986, posing two questions concerning dissolved townships. Your first question is whether the tax revenues of a dissolved township are attributed to the township which now encompasses the territory formerly found within the dissolved township. The appropriate statute is N.D.C.C. § 58-02-30 which states, in relevant part, as follows: 58-02-30. TOWNSHIP ATTACHED TO OTHER ASSESSMENT DI

N.D.A.G. Letter to Meier (Oct. 20, 1986) October 20, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of October 7, 1986, concerning a request made to the Emergency Commission by the Board of Higher Education. As I understand the request, the Board of Higher Education wishes to utilize moneys previously appropriated to the Williston Experiment Station (1985 N.D. Sess. Laws 41, § 4) for the purchase of a specified tract of land other than that specified within the appropriation bill.

N.D.A.G. Letter to Eiken (Oct. 17, 1986) October 17, 1986 Mr. Doug Eiken Director North Dakota Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, ND 58501 Dear Mr. Eiken: Thank you for your letter of September 26, 1986, concerning special assessments and state agencies. N.D.C.C. § 40-23-22 states as follows: 40-23-22. STATE PROPERTY SUBJECT TO SPECIAL ASSESSMENTS. Real estate within municipalities of this state owned by the state of North Dakota other than for highway right-of-way purposes, may be subjected to special

Office of the Attorney General State of North Dakota Opinion No. 86-32 Date Issued: October 17, 1986 Requested by: Charles Whitman Assistant Burleigh County State's Attorney --QUESTION PRESENTED-- Whether a real estate mortgage held by the Bank of North Dakota is superior to a tax deed acquired by a county if the Bank of North Dakota perfected the mortgage before the effective date of the tax lien. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a real estate mortgage held by the Bank of North Dakota is superior

N.D.A.G. Letter to White Eagle (Oct. 16, 1986) October 16, 1986 Ms. Maureen White Eagle Devils Lake City Attorney P. O. Box 1048 Devils Lake, North Dakota 58301 Dear Ms. White Eagle: Thank you for your letter of October 3, 1986, concerning the city administrator form of government within the city of Devils Lake. In your letter, you essentially question whether Devils Lake has managed to adopt a city manager form of government without following the requirements of N.D.C.C. Ch. 40-10. If Devils Lake's city administrator form of government is essentially a city manager form of government a

Office of the Attorney General State of North Dakota Opinion No. 86-31 Date Issued: October 16, 1986 Requested by: Senator Jens J. Tennefos District 46 --QUESTIONS PRESENTED-- I. Whether the proposed amendment to N.D. Const. Art. XI, § 25, if enacted, will become effective without legislative action implementing the proposed constitutional provisions. II. Whether the Legislature may be mandated to enact legislation implementing the proposed amendments to N.D. Const. Art. XI, § 25, if enacted. --ATTORNEY GENERAL'S OPINION-- I. It is

N.D.A.G. Letter to DuBois (Oct. 15, 1986) October 15, 1986 Mr. Lawrence D. DuBois Attorney at Law P.O. Box 633 Cavalier, ND 58220 RE: County Deputies Uniforms Dear Mr. DuBois: Thank you for your letter dated October 7, 1986. In January, 1985, I authorized sheriffs and full-time deputy sheriffs to wear uniforms consisting of silver-tan, light brown, or white shirts and dark brown trousers. In addition, the gray uniforms worn prior to this date could continue to be worn until replacement was necessary. These standards were set pursuant to N.D.C.C. §11-15-30 which a

N.D.A.G. Letter to Meier (Oct. 13, 1986) MEMORANDUM TO: Secretary of State Ben Meier FROM: Nicholas J. Spaeth, Attorney General RE: Disclaimers Upon Political Advertisements DATE: October 13, 1986 For many years, North Dakota law required political disclaimers to appear on all political advertisements regardless of the form in which the advertisement appeared or the thrust of the statements contained within the advertisement. In 1978, our North Dakota Supreme Court struck down this particular statute as a violation of the constitutionally guaranteed freedom of speech. State of