Title 58, Townships

Notwithstanding any other law, a township may not impose any requirements or restrictions pertaining to the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of seed.

1. A township that regulates the construction, erection, reconstruction, repair, or alteration of buildings and structures and issues building permits shall respond to a building permit application within sixty days of receiving the application either by approving the application…

1. A gathering of the members of a board of township supervisors to conduct an onsite inspection under this title is an exempt meeting as defined under section 44-04-17.1 if: a. The township does not have staff available that is capable of making the inspection; or b. The board o…

If a dissolved city is located in an organized township, the township may choose to maintain or vacate, under chapter 40-39, the streets and alleys in the dissolved city.

The electors of each township annually shall assemble and hold a township meeting in the month of March at the place in the township or in an adjacent township designated by the board of township supervisors. Notice of the time and place of holding the meeting must be given by th…

A special township meeting may be held for the purpose of: 1. Electing township officers to fill vacancies that occur; 2. Authorizing expansion of the board of township supervisors from three to five members; 3. Removing an elected township officer; 4. Transacting other lawful to…

At the annual township meeting or a special meeting, the electors of the township may approve expansion of the board of township supervisors from three to five members. At the first annual meeting after a special meeting at which the expansion is authorized, or at the annual meet…

An elected township officer may be removed from office upon an affirmative vote of the majority of votes cast at a special meeting of the township which is called for the purpose of removing an elected township officer. If an officer is removed from office at the special meeting,…

Each township clerk with whom a statement provided for in section 58-04-02 is filed shall record the same and shall cause notice of the special meeting to be published at least ten days before the meeting in a legal newspaper published in the township or, if there is no such news…

Each notice given for a special meeting must specify the purpose for which it is to be held. No business other than that specified in the notice may be transacted at such meeting. If vacancies in office are to be filled at the meeting, the notice must specify in what offices the …

The qualified electors present on the day of the annual or special meeting must be called to order by the township clerk, or, if the township clerk is not present, the qualified electors may elect by acclamation one of their number to act as chairman for the purpose of calling th…

At the opening of each meeting, the moderator shall state the business to be transacted and the order in which it must be entertained. A proposition to vote a tax may not be acted on out of the order of business as stated by the moderator. A proposition to reconsider a vote may n…

Before the electors proceed to elect any township officer, the moderator shall proclaim the opening of the polls, and proclamation in like manner must be made of any adjournment and of the opening and closing of the polls until the election is ended.

A person may not vote at any township meeting unless that person is qualified to vote at general elections therein.

The supervisors, treasurer, and clerk in each township must be elected by ballot. All other officers, if not otherwise provided by law, must be chosen either by yeas and nays or by a division as the electors determine.

When the electors vote by ballot, all the candidates voted for must be named on one ballot, which must contain, written or printed or partly written and partly printed, the names of the persons voted for and the offices to which such persons are intended to be chosen.

When the election is by ballot, the marked ballot must be delivered to one of the judges so folded as to conceal its contents, and the judges shall deposit the ballots in a box provided for that purpose.

When the election is by ballot, a poll list on which must be entered the name of each person whose vote is received shall be kept by the clerk of the meeting.

At the close of every election by ballot, the judges shall proceed publicly to canvass the votes, which canvass when commenced must continue without adjournment or interruption until the same is completed. The canvass must be conducted by taking one ballot at a time from the ball…

If two or more persons have an equal and the highest number of votes for an office, the judges of election, immediately and publicly, shall determine by a drawing of names who of such persons shall be declared elected. A candidate involved in a tie vote may withdraw the candidate…

When the canvass is completed, the clerk shall enter at length in the minutes of the meeting kept by the clerk, as required in section 58-04-05, a statement of the result of the election which must be read publicly by the clerk to the meeting, and such reading must be deemed noti…

The minutes of the proceedings of each township meeting, subscribed by the clerk and judges of the meeting, must be filed in the office of the township clerk within two days after the meeting.

The clerk of the township meeting, immediately after the votes are canvassed, shall transmit a notice of election to each person elected to any township office.

If a township meeting is not held for the purpose of organizing and electing its officers at the time fixed by law for holding the annual township meeting, a special township meeting for that purpose must be called by the township clerk. Such meeting must be held within the towns…

If notice of a township meeting is not given under section 58-04-19 within thirty days after the time set by law for the holding of the annual township meeting, the board of county commissioners of the county in which the township is located shall appoint the necessary township o…

Every person qualified to vote at a township meeting is eligible to any township office.

The elected officers of a civil township must be: 1. Three or five supervisors. 2. One township clerk. 3. One assessor except as herein provided. 4. One treasurer. In townships with three-member boards of township supervisors, one supervisor must be elected at each annual townshi…

In any township in which an assessor is elected at the annual township meeting, the term of office of the assessor elected at such meeting commences on the first Monday in January next succeeding that election.

At the first meeting of a newly organized township, officers must be elected as follows: one supervisor to serve until the first annual township meeting; one supervisor to serve until the second annual meeting; and one supervisor to serve until the third annual meeting. All the o…

Each person elected or appointed to the office of township clerk, assessor, or treasurer, within ten days after the person is notified of the person's election or appointment, and before entering upon the duties of the person's office, must be bonded for the faithful discharge of…

All bonds required by this title for any township officer must be obtained from the North Dakota state bonding fund or from a corporate surety company authorized to do business in this state. Personal sureties may not be accepted on any such bond. The premiums for bonds of the No…

Each person elected or appointed to the office of supervisor, township clerk, assessor, treasurer, or township overseer of highways, within ten days after the person is notified of the person's election or appointment, shall take and subscribe the oath prescribed in section 4 of …

The person taking the oath described in section 58-05-07, immediately and before entering upon the duties of the person's office, shall file the certificate of such oath in the office of the township clerk.

If any township officer who is required by law to take an oath of office enters upon the duties of the office before taking such oath, the person shall forfeit to the township the sum of fifty dollars.

If any person elected or appointed to a township office, of whom an oath or bond is required, neglects to file the same within the time prescribed by law, such neglect must be deemed a refusal to serve in such office.

Each person appointed to the office of poundmaster, before entering upon the duties of the office and within ten days after being notified of the election or appointment, shall file a notice signifying acceptance of such office in the office of the township clerk. A neglect to fi…

Except as otherwise provided by this section, no township officer may become a party to or be interested, directly or indirectly, in any contract made by the board of which the officer is a member. Every contract or payment voted for or made contrary to this section is void. Any …

Upon going out of office, each supervisor, township clerk, or assessor shall deliver, upon demand of the person's successor and upon oath administered by the latter, all records, books, and papers in the person's possession or under the person's control belonging to the office. T…

Upon the death of a supervisor, township clerk, or assessor, the successor of such officer shall make such demand as is provided in section 58-05-13 of the personal representative of such deceased officer. The personal representative shall deliver upon oath all records, books, pa…

The board of township supervisors, for sufficient cause shown to it, may accept the resignation of any officer in its township. Whenever the board accepts a resignation, it shall give notice thereof to the township clerk.

If the electors of a township fail to elect the proper number of officers, or a person elected to a township office fails to qualify, or a vacancy happens in any such office from death, resignation, removal from the township, or other cause, the board of township supervisors, or …

If a township assessor is elected or appointed and fails or refuses to qualify or to discharge the duties of the office, or if the electors of a township have provided that the assessor must be elected but fail for any reason to elect an assessor, and the board of township superv…

The board of township supervisors has the following powers and duties: 1. To manage and control the affairs of the township not committed to other township officers. 2. To draw orders on the township treasury for the disbursement of township funds. 3. To recommend to the electors…

A township supervisor may receive as compensation for services up to one hundred dollars a day for each day necessarily devoted to the work of a supervisor's office not exceeding four thousand dollars in a calendar year. The electors of the township shall establish the daily comp…

The board of township supervisors shall hold regular meetings on the second Tuesday in March, on the fourth Tuesday in March, and on the second Monday in June of each year, except that in the discretion of the township supervisors the meetings provided for the second Tuesday and …

The board of township supervisors may adjourn from time to time and in cases of emergency may hold special meetings on the call of the township clerk.

The regular meetings of the board of township supervisors must be held at the office of the township clerk or at the usual place for holding the annual township meetings if there is one.

Two of the supervisors constitute a quorum for the performance of the duties of the board of township supervisors except when otherwise provided by law.

At its first regular meeting following the annual township meeting, the board of township supervisors shall elect one of its members as chairman. The chairman shall serve for a term of one year.

At its first meeting after the election of township officers, the chairman of the board of township supervisors shall approve the bonds of township officers and the officers immediately shall enter upon the discharge of their duties.