Title 44, Offices and Officers
12 chapters · 223 sections in this title.
N.D.C.C. § 44-02-01 Vacancies - Causes thereof
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An office becomes vacant if the incumbent shall: 1. Die in office; 2. Be adjudged mentally ill; 3. Resign from office; 4. Be removed from office; 5. Fail to discharge the duties of office, when the failure has continued for sixty consecutive days, except when prevented from disch…
N.D.C.C. § 44-02-02 Resignations of officers - To whom made
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The resignation of an officer must be in writing and must be made as follows: 1. The governor and lieutenant governor, to the legislative assembly, if it is in session, and if not, to the secretary of state. 2. Any other state or district officer, to the governor. 3. A member of …
N.D.C.C. § 44-02-03 Vacancy in state or district office - How filled
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Any vacancy in a state or district office, except in the office of a member of the legislative assembly, must be filled by appointment by the governor. The governor may not fill a vacancy in the office of a member of the legislative assembly. A vacancy in the office of a supreme …
N.D.C.C. § 44-02-03.1 Vacancy in legislative assembly
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1. If a vacancy in the office of a member of the legislative assembly occurs, the secretary of state shall notify the chairman of the legislative management of the vacancy. The secretary of state need not notify the chairman of the legislative management of the resignation of a m…
N.D.C.C. § 44-02-04 Vacancy in county office - Appointment
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A vacancy in any county office, other than that of county commissioner, must be filled by the board of county commissioners, with the exception that if a vacancy has occurred in the office of state's attorney by reason of removal under section 44-11-01, the appointment must be ma…
N.D.C.C. § 44-02-05 Vacancy in board of county commissioners - How filled
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When a vacancy occurs in the board of county commissioners, the remaining members of the board immediately shall appoint some suitable person to fill the vacancy from the district in which the vacancy occurred. If a majority of the officers fails to agree upon a person to fill th…
N.D.C.C. § 44-02-07 Brief vacancy not to be filled - Exception
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If a vacancy occurs within ninety-five days previous to an election at which it may be filled, no appointment may be made unless it is necessary to carry out such election and the canvass of the same according to law. In such case an appointment may be made at any time previous t…
N.D.C.C. § 44-02-08 Appointment to be made in writing - Term
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Any appointment to fill a vacancy under this chapter must be made in writing, and, except as otherwise expressly provided by law, continues in force until the first general election that occurs at least ninety-five days after the vacancy, when the vacancy will be filled by electi…
N.D.C.C. § 44-02-09 Appointment - How qualified
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A person appointed to office as provided in this chapter shall qualify within the time and in the manner required of a person elected or appointed to such office for a full term.
N.D.C.C. § 44-02-10 Vacancy due to military service - How office is filled
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When the incumbent of any elective office in this state is unable to discharge the duties of the incumbent's office by reason of service in the armed forces of the United States, an acting official who shall have the powers of the incumbent must be appointed in the same manner th…