North Dakota AG Opinions, 1986

N.D.A.G. Letter to Winkelman (Sep. 19, 1986) September 19, 1986 Honorable Brent Winkelman State Representative 633 N. 35th St. Bismarck, North Dakota 58501 Dear Representative Winkelman: Thank you for your letter of August 14, 1986, in which you request a clarification of a 1979 Attorney General's opinion. The 1979 opinion discussed those persons exempted from the massage registration. Specifically, the 1979 opinion concluded that persons who administer massages at the direction of a nurse may do so without obtaining the appropriate license. This conclusion was the result of th

N.D.A.G. Letter to Sagsveen (Sep. 19, 1986) September 19, 1986 Mr. Murray G. Sagsveen LTC, JAGC, NDARNG Staff Judge Advocate Office of the Adjutant General P. O. Box 5511 Bismarck, ND 58502-5511 Dear Ltc. Sagsveen: Thank you for your letter of September 2, 1986, requesting my review of an application from the Adjutant General to the Board of University and School Lands concerning par- ticular lands described within that application. I have reviewed the information and statements contained within the application and I do hereby state it is my opinion that the Adjutant General does posse

Office of the Attorney General State of North Dakota Opinion No. 86-26 Date Issued: September 19, 1986 Requested by: Owen K. Mehrer Stark County State's Attorney --QUESTIONS PRESENTED-- I. Whether court-appointed defense counsel fees or expenses are 'costs of prosecution' pursuant to N.D.C.C. § 29-26-22. II. Whether an affidavit of identification, as required in N.D.C.C. § 28-20-15, is applicable to a judgment entered pursuant to N.D.C.C. § 29-26-22. III. Whether it is the responsibility of either the judgment creditor or debtor to satisfy, or

Office of the Attorney General State of North Dakota Opinion No. 86-25 Date Issued: September 18, 1986 Requested by: Honorable Wayne K. Stenehjem State Senator --QUESTION PRESENTED-- Whether N.D.C.C. § 54-12-01(18) authorizes the Attorney General to appoint a hearing officer in appeals to the Department of Human Services by claimants aggrieved by decisions of a county social service board. --ATTORNEY GENERAL'S OPINION-- It is my opinion that N.D.C.C. § 54-12-01(17) does not authorize the Attorney General to appoint a hearing

N.D.A.G. Letter to Orvik (Sep. 11, 1986) September 11, 1986 Mr. Charles D. Orvik Pierce County State's Attorney P.O. Box 196 Rugby, ND 58368 Dear Mr. Orville: Thank you for your letter of August 14, 1986, concerning township authority to close a section line road which is open and has been improved. I am responding to you via this letter instead of an opinion, because it appears that prior opinions of this office have dealt with the subject of your question. Section lines outside the limits of incorporated cities, unless closed by statutory proceedings, are open a

N.D.A.G. Letter to Tebelius (Sep. 10, 1986) September 10, 1986 Mr. Mark A. Tebelius 1012 Lincoln Avenue Harvey, ND 58341-1595 Dear Mr. Tebelius: Thank you very much for your letter of July 25, 1986, concerning the city's authority to prohibit eligible organizations from conducting games of chance within the city limits. I apologize for the delay in answering your letter. Nowhere in the Century Code is a city granted the authority to prohibit an eligible organization from gaming once the city has determined it will allow gaming. However, the city has been granted the authority to restric

N.D.A.G. Letter to Enget (Sep. 10, 1986) September 10, 1986 Mr. Wade G. Enget Tioga City Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter of September 2, 1986, inquiring as to the rights of the city of Tioga to set water user or hookup fees. My review of the applicable statutes of the North Dakota Century Code indicates that a city clearly has the authority to assess a user charge or fee for the use of water. N.D.C.C. § 40-05-01(36) provides the city may fix and regulate the rates, use, and sale of water. Furthermore, N.D.C.C. § 40-22-16 authorizes the

N.D.A.G. Letter to Larson (Sep. 8, 1986) September 8, 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 August 7, 1986, wherein you made an inquiry as to what entity has the responsibility for maintaining a culvert located on railroad right-of-way and passing under a township road. North Dakota Century Code § 49-11-04 requires that when a railroad is constructed over a street or highway, the street or highway must be restored to its former state or such condition that does not materially impair its us

N.D.A.G. Letter to Sanstead (Aug. 29, 1986) August 29, 1986 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Superintendent Sanstead: Thank you for your letter of August 14, 1986, posing three questions concerning school districts and liability insurance. Your first question is whether a school district which has purchased liability insurance containing those maximum coverage amounts provided for in N.D.C.C. § 32-12.1-03(2) has accomplished maximum liability protection. We are unable to unequivocally state that possession of l

N.D.A.G. Letter to Nething (Aug. 18, 1986) August 28, 1986 Mr. David E. Nething Office of City Attorney P.O. Box 1059 Jamestown, ND 58402 Dear Dave: Thank you for your letter of August 18, 1986, requesting our response to three questions which have occurred with respect to the proposed demolition of the armory building in Jamestown. Your first question is whether a city council may consider a matter not on their agenda without suspending their rules of procedure. Nowhere in the North Dakota Century Code are there any statutes providing for the method by which meetings of a city council

N.D.A.G. Letter to Myers (Aug. 28, 1986) August 28, 1986 Mr. Earle R. Myers Richland County State's Attorney Law Enforcement Center 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. Myers: Thank you for your June 16, 1986, inquiry wherein two issues were presented: 1. Whether a county continues to be responsible for a bridge built pursuant to N.D.C.C. §24-08-01 where said bridge has been replaced by the county with a culvert or Texas crossing. 2. Whether a township has a duty to maintain and replace access crossings and culverts which were installed by the township to provide ab

N.D.A.G. Letter to Hagerty (Aug. 21, 1986) August 21, 1986 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Hagerty: Thank you for your letter of August 8, 1986, inquiring as to whether a sheriff is entitled to receive a commission pursuant to N.D.C.C. §11-15-08 when he serves a garnishee summons. N.D.C.C. §11-15-08 does allow a sheriff to collect commissions on all moneys received and disbursed by him "on an execution, order of sale, order of attachment, or decree for the sale of real or personal property.

N.D.A.G. Letter to Myers (Aug. 20, 1986) August 20, 1986 Mr. Earle R. Myers, Jr. Richland County State's Attorney Law Enforcement Center Wahpeton, North Dakota 58075 Dear Mr. Myers: Thank you for your letter of July 28, 1986, in which you ask whether the county treasurer may invest the moneys in a school district's Sinking Fund and Special Reserve Fund in a credit union when directed to do so by the school district. N.D.C.C. § 21-03-40 provides that the county treasurer shall be the custodian of the Sinking Fund for the payment of bonds issued by a school district unless the school dis

N.D.A.G. Letter to Larson (Aug. 20, 1986) August 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 August 8, 1986, concerning the manner in which territory may be withdrawn from a fire protection district. N.D.C.C. §18-10-12.1 provides the procedure that must be followed in having territory withdrawn from a fire protection district. N.D.C.C. §18-10-12.1(4) states that the initiation of a withdrawal occurs by a petition filed with the appropriate county auditor or auditors signed by the fee title h

N.D.A.G. Letter to Meier (Aug. 19, 1986) August 19, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58501 Dear Secretary Meier: Thank you for your letter of July 17, 1986, regarding whether filing fees for annual reports of business corporations may be retained even though the annual reports are not filed. N.D.C.C. Ch. 10-23 governs the filing of domestic and foreign business corporation annual reports and provides, in pertinent part, as follows: 10-23-02. FILING OF ANNUAL REPORT OF DOMESTIC CORPORATION -- PENALTY FOR LATE FILING. . . . If the secret

N.D.A.G. Letter to Marion (Aug. 19,1 986) August 19, 1986 Mr. James L. Marion North Dakota Parole and Pardon Board P.O. Box 5521 Bismarck, ND 58502 Dear Mr. Marion: Thank you for your letter dated July 8, 1986. You have inquired as to whether the longest period of time an inmate can be delayed for parole consideration is three years, the term of appointment of individual Parole Board members. This question has arisen as the result of a Parole Board decision to delay parole consideration for an inmate for a period of ten years. North Dakota state law requires that an inma

N.D.A.G. Letter to Seaworth (Aug. 18, 1986) August 18, 1986 Mr. Hugh P. Seaworth Bismarck City Attorney 221 North Fifth Street P.O. Box 5503 Bismarck, ND 58502 RE: City/County Contracting of Police Powers Dear Mr. Seaworth: Thank you for your letter dated July 17, 1986. You have advised this office that a formal opinion would not be necessary to respond to the questions presented in your letter to me. You have inquired as to whether or not the adoption of N.D. Const. Art. VII, § 8, now authorizes the delegation of duties of a sheriff to a city's chief of police pursuant to a joint

N.D.A.G. Letter to Hanson (Aug. 18, 1986) August 18, 1986 Honorable Robert E. Hanson State Treasurer Office of the Treasurer State Capitol Bismarck, North Dakota 58505 Dear Mr. Hanson: Thank you for your letter of June 4, 1986, in which you inquired as to the legality of price promotion programs offered by brewers to North Dakota wholesalers. You specifically asked whether such a program constitutes "price fixing" in violation of N.D.C.C. § 5-04-09. I apologize for the delay in responding to your letter. The promotional program entitles the wholesaler to receive a discount from the br

Office of the Attorney General State of North Dakota Opinion No. 86-24 Date Issued: August 18, 1986 Requested by: Robert E. Hanson State Treasurer --QUESTION PRESENTED-- Whether the State Treasurer must distribute money from the coal development fund within fifteen days from the date the money is received from the State Tax Commissioner. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the State Treasurer must distribute money from the coal development fund within fifteen days from the date the money is rec

N.D.A.G. Letter to Wilhelm (Aug. 11, 1986) August 11, 1986 Mr. Timothy C. Wilhelm Assistant State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Wilhelm: Thank you for your letter of May 30, 1986, concerning special permits for the sale of alcoholic beverages. In your letter you asked two different questions. Your first question states: 1. May a local governing body (the Ward County Commissioners) issue, pursuant to N.D.C.C. §5-02-01.1, three consecutive special permits to a licensee, each authorizing three consecutive days of alcoholic beverage sale at

N.D.A.G. Letter to Herr (Aug. 7, 1986) August 7, 1986 Mr. Richard E. Herr City Attorney P.O. Box 67 Wishek, ND 58495 Dear Mr. Herr: Thank you for your letter dated July 9, 1986, in which you requested information concerning private wedding receptions where alcoholic beverages would be served and minors would be present. In your letter you state, "A tavern licensed by the city of Wishek has two large rooms. It has inquired of the city-council of the city of Wishek whether it may rent one room out for wedding receptions to private parties. The only persons permitted in the one room would

N.D.A.G. Letter to Renner (Aug. 6, 1986) August 6, 1986 Mr. Jerome L. Renner Kidder County State's Attorney P. O. Box 229 Steele, North Dakota 58482 Dear Mr. Renner: Thank you for your inquiry of May 7, 1986, relative to the repair and maintenance of former U.S. Highway 10 as it crosses Kidder County and the potential liability arising from the non-maintenance of the same highway. I regret the delay in responding to your inquiry; however, the Highway Department was experiencing a delay in locating the documents pertinent to your question. I have enclosed copies of these documents for yo

N.D.A.G. Letter to Hickman (Aug. 6, 1986) August 6, 1986 Ms. Linda L. Hickman Assistant State's Attorney Williams County P.O. Box 1246 Williston, ND 58802-1246 Dear Ms. Hickman: Thank you for your letter of July 2, 1986, in which you pose certain questions with regard to the recording of instruments by the Williams County Register of Deeds. You advise that the questions have arisen as a result of the wanderings of the Missouri River which forms the southern boundary of Williams County. Your question concerns whether the county register of deeds has the authority to change the tract ind

N.D.A.G. Letter to Parker (Aug. 5, 1986) August 5, 1986 Honorable William C. Parker State Senator 216 12th Street SW Rugby, ND 58368 Dear Senator Parker: Thank you for your letter of July 9, 1986, which we received on July 23, 1986, concerning the authority of a city to operate a garbage collection service in neighboring communities. In North Dakota, the question concerning the city's ability to collect and dispose of garbage has been addressed by our supreme court. In 1953, in Tayloe v. City of Wahpeton , 62 N.W.2d 31 (N.D. 1953), the supreme court indicated that, under the police

N.D.A.G. Letter to Johnson (Aug. 4, 1986) August 4, 1986 Mr. Dennis E. Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of July 18, 1986, concerning operation of motor vehicles by persons 14 and 15 years old under N.D.C.C. § 39-06-17(3). As you had suggested in your letter, this subject has been raised and dealt with by this office in a previous letter to the state highway patrol superintendent. A copy of a May 5, 1983, letter to the highway patrol superintendent, which deals with your inquiry in question no. 6, i

N.D.A.G. Letter to Meier (July 31, 1986) July 31, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of June 30, 1986, inquiring as to whether the sale of insurance may be accomplished through a professional corporation. While a corporation is considered a person for many purposes, it is recognized that a business corporation cannot be licensed to practice a learned profession which can only be practiced by persons who have received a license to do so after an examination as to their knowledge of the subject. As

Date Issued: July 31, 1986 (AGO 86-23) Requested by: Honorable Layton W. Freborg State Senator, District 8 - QUESTION PRESENTED - Whether a person, as a result of an election nomination process, may cause his or her name to appear on the same election ballot as a candidate for more than one office. - ATTORNEY GENERAL'S OPINION - It is my opinion that a person, as a result of an election nomination process, may not cause his or her name to appear on

N.D.A.G. Letter to Tomac (July 30, 1986) July 30, 1986 Mr. Steven W. Tomac Chairman Credit Review Board State Capitol State Capitol Bismarck, ND 58505 Dear Mr. Tomac: This letter is in response to a request from the Credit Review Board's Administrative Assistant, Jet Collins, concerning the use of moneys in the Home-Quarter Purchase Fund to pay for administrative expenses of the Credit Review Board. In an opinion letter to Steve W. Tomac, Chairman, Credit Review Board, dated August 5, 1985, I concluded that the Credit Review Board has the authority to use interest moneys from the Home

N.D.A.G. Letter to Ficek (July 30, 1986) July 30, 1986 Mr. Vince H. Ficek Ficek Law Office 41 First Avenue West P.O. Box 866 Dickinson, ND 58601-10866 Dear Mr. Ficek: Thank you for your letter of June 6, 1986, asking for my opinion concerning four questions pertaining to a city's authority to revoke a gaming organization's site authorization. I wish to apologize that this response is not more timely, but this is a matter of considerable importance and I wish to consider all of the relevant factors before making my decision. The essentials of due process require notice and the opportun

N.D.A.G. Letter to Enget (July 29, 1986) July 29, 1986 Mr. Wade G. Enget Mountrail County State's Attorney Mountrail County Courthouse P.O. Box 369 Stanley, ND 58784 Mr. William E. Woods, Jr. Parshall City Attorney P.O. Box 7 Parshall, ND 58770 Gentlemen: I am writing to you concerning your questions of whether a mobile home owned by an individual tribal member and located within the boundaries of the Indian tribe's reservation is subject to the mobile home property tax which has been codified as N.D.C.C. Ch. 57-55. Enclosed are copies of two letters, dated June 17, 1985, and May

N.D.A.G. Letter to Torkelson (July 22, 1986) July 22, 1986 Mr. Merle A. Torkelson McLean County State's Attorney Box 86 Washburn, ND 58577 Dear Mr. Torkelson: Thank you for your letter dated May 27, 1986, in which you requested an Attorney General's opinion on the following four questions: 1. Is a mobile home which is situated on land which is also owned by the mobile home owner realty or personalty for property and special assessment purposes; or should all mobile homes be taxed alike and under the provisions of N.D.C.C. Ch. 57-55 regardless of who owns the land? 2. If the correc

N.D.A.G. Letter to Riha (July 16, 1986) July 16, 1986 Mr. Richard J. Riha Assistant State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter of June 11, 1986, asking whether write-in votes should be counted even though it is impossible to determine whether the voter engaged in prohibited crossover voting. As explained in your letter, Burleigh County employs a punchcard system of voting. Votes for candidates appearing in the guide booklet or ballot label are recorded on the ballot card. Write-in votes are recorded on

N.D.A.G. Letter to Mathieson (July 16, 1986) July 16, 1986 Chief Christian V. Mathieson Chief of Police Devils Lake Police Department 222 West Walnut Street Devils Lake, ND 58301 Dear Chief Mathieson: Thank you for your letter of June 9, 1986, concerning the authority of an emergency medical technician (EMT-l) to withdraw blood from a person arrested for DUI for analysis under N.D.C.C. Ch. 39-20. The Devils Lake City Attorney has called this office to ask that your inquiry be considered as an inquiry by the City Attorney's Office. However, because opinions of the Attorney General are

N.D.A.G. Letter to Holmberg (July 16, 1986) July 16, 1986 Honorable Ray Holmberg State Senator 1701 Riverside Drive Grand Forks, ND 58201 Dear Senator Holmberg: Thank you for your letter of June 12, 1986, regarding whether the $60 limit on wages as provided for in N.D.C.C. §16.1-05-05 applies to election inspectors. N.D.C.C. §16.1-05-05 pertaining to compensation of election inspectors and other election workers provides in pertinent part, as follows: 16.1-05-05. COMPENSATION OF ELECTION OFFICERS -- COMMISSIONER OF LABOR TO CERTIFY MINIMUM WAGE APPLICABLE TO ELEC

N.D.A.G. Letter to Bohn (July 15, 1986) July 15, 1986 Mr. William G. Bohn State Court Administrator Supreme Court State Capitol Bismarck, ND 58505 Dear Mr. Bohn: Thank you for your letter of July 8, 1986. In your letter you asked the following two questions: 1. Will the Office of the Attorney General represent county judges in the event an action is brought against them when they are acting as a district judge? 2. Should there be a judgment against a county judge, while acting as a district judge, would we look to the state Legislature and/or Emergency Commission for indemni- fi

N.D.A.G. Letter to Strate (July 2, 1986) July 2, 1986 Mr. William L. Strate Watford City Attorney P.O. Box 494 Watford City, ND 58854 Dear Mr. Strate: Thank you for your letter of June 23, 1986, requesting an opinion as to the ability of the citizens of a city utilizing a council form of government to refer ordinances passed by the city council. As you accurately state in your letter, N.D.C.C. § 40-12-01 clearly limits the authority to initiate and refer municipal ordinances only to cities operating under the commission and modern council system of government except citi

N.D.A.G. Letter to Fine (July 1, 1986) July 1, 1986 Ms.. Karlene K. Fine Secretary Industrial Commission State Capitol Bismarck, ND 58505 Dear Ms. Fine: I have received an inquiry from Mr. Sam Kuhl, general manager, North Dakota Mill and Elevator, concerning the scheduled August 1, 1986, salary increases for union employees of the Mill and Elevator. Specifically, Mr. Kuhl inquired whether the state's policy to delay the scheduled July 1, 1986, salary increases, as declared by Governor Sinner, is applicable to union employees of the State Mill and Elevator. In t

N.D.A.G. Letter to Eiken (July 1, 1986) July 1, 1986 Mr. Douglas 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 June 2, 1986, concerning the use of the snowmobile trail tax fund. N.D.C.C. § 39-24-05 states as follows: 39-24-05. DISPOSITION OF REGISTRATION FEES. Fees from registration of snowmobiles shall be deposited with the state treasurer and credited to the motor vehicle registrar fund. The snowmobile trail tax shall be deposited in a

N.D.A.G. Letter to White Eagle (June 30, 1986) June 30, 1986 Ms. Maureen White Eagle City Attorney 423 Sixth Street P.O. Box 1048 Devils Lake, ND 58301 Dear Ms. White Eagle: Thank you for your letter of June 16, 1986, inquiring as to the ability of a member of a city governing body to become personally interested in the construction of a city building. North Dakota law, as found at N.D.C.C. Ch. 48-02, outlines various provisions and prohibitions involving the construction of public buildings. Included within these provisions is N.D.C.C. § 48-02-12. This particular statute prohibits me

N.D.A.G. Letter to White Eagle (June 30, 1986) June 30, 1986 Ms. Maureen White Eagle City Attorney 423 Sixth Street P.O. Box 1048 Devils Lake, ND 58301 Dear Ms. White Eagle: Thank you for your letter of June 16, 1986, inquiring as to the ability of a member of a city governing body to become personally interested in the construction of a city building. North Dakota law, as found at N.D.C.C. Ch. 48-02, outlines various provisions and prohibitions involving the construction of public buildings. Included within these provisions is N.D.C.C. § 48-02-12. This particular statute prohibits me

N.D.A.G. Letter to Torkelson (June 30, 1986) June 30, 1986 Mr. Merle A. Torkelson McLean County State's Attorney P.O. Box 86 Washburn, ND 58577 Dear Mr. Torkelson: Thank you for your letter of June 2, 1986, regarding voter residency. The question of one's voting residency is a difficult issue to resolve as questions of one's residence are questions of fact rather than law. The specific facts of each case must be examined to resolve the issue of residency. However, some general statements of law can be presented. Our Supreme Court, in Dietz v. City of Medora ,

N.D.A.G. Letter to Satrom (June 30, 1986) June 30, 1986 Ms. Katherine Satrom Chairman Workmen's Compensation Bureau 4007 North State Street Bismarck, North Dakota 58505 Dear Ms. Satrom: Thank you for your letter of May 16, 1986, requesting an opinion as to whether the North Dakota Workmen's Compensation Bureau may pay for medical payment/statistical analysis services for which it has contracted from the Bureau's general premium fund without having had a specific legislative appropriation. Art. X, §12 of the North Dakota Constitution requires the disbursement of public

N.D.A.G. Letter to Murphy (June 30, 1986) June 30, 1986 Honorable Jack Murphy House of Representatives 36th District Killdeer, ND 58640 Dear Representative Murphy: Thank you for your letter of June 9, 1986. First of all, I do not believe that the aerial applicator operating permit on Weydahl Airport, Killdeer, North Dakota, adopted by the Dunn County Airport Authority is a zoning regulation. Airport zoning regulations are those which divide airport hazard areas into zones and, within such zones, specify the land uses permitted. They regulate and restrict such th

N.D.A.G. Letter to Engmann (June 30, 1986) June 30, 1986 Mr. Scott Engmann Executive Secretary North Dakota Teachers' Fund for Retirement 1930 Burnt Boat Drive P.O. Box 7100 Bismarck, ND 58502 Dear Mr. Engmann: Thank you for your letter of May 23, 1986, in which you seek my advice concerning two questions. First, whether a school district "business manager" is a member of the Teachers' Fund for Retirement pursuant to N.D.C.C. §15-39.1-04(9)(a). If the answer to the first question is negative, you inquire whether "business managers" who are currently participating in the retirement pla

Office of the Attorney General State of North Dakota Opinion No. 86-22 Date Issued: June 27, 1986 Requested by: Nicholas B. Hall Walsh County State's Attorney --QUESTION PRESENTED-- Whether a municipal judge has jurisdictional authority in the absence of a district judge to issue an ex parte temporary protection order pursuant to N.D.C.C. § 14-07.1-08 upon application of a person who resides outside the territorial limits of a city. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a municipal judge has no jur

N.D.A.G. Letter to Mahoney (June 25, 1986) June 25, 1986 Mr. John J. Mahoney Oliver County State's Attorney Oliver County Courthouse Center, ND 58530 Dear John: Thank you for your letter of June 13, 1986, further discussing the prohibition against a person accepting a nomination to more than one office as found in N.D.C.C. 16.1-12-03. I appreciate your thoughts on this matter and your taking the time to express these additional concerns to me. As I understand your position, you believe that the Office of State's Attorney is not subject to the prohibition found within N.D.C.C. 16.1-12-0

N.D.A.G. Letter to Vogelpohl (June 18, 1986) June 18, 1986 Mr. Steven L. Vogelpohl Lincoln City Attorney P.O. Box 2575 Bismarck, ND 58502-2575 Dear Mr. Vogelpohl: Thank you for your letter of March 25, 1986, inquiring whether there is a minimum number of votes that a write-in alderman candidate must have in order to be elected to municipal office. I apologize for the delay in responding to you. N.D.C.C. § 40-21-13 discusses municipal elections and provides, in part, as follows: 40-21-13. MUNICIPAL ELECTIONS TO BE GOVERNED BY RULES APPLICABLE TO COUNTY ELECTIONS --ABSENT VOTING. The ma