Article VII, North Dakota Constitution

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North Dakota Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIII
Schedule
Article VII of the North Dakota Constitution is entitled Political Subdivisions and consists of 11 sections.

Section 1

Text of Section 1:
The purpose of this article is to provide for maximum local self-government by all political subdivisions with a minimum duplication of functions.[1][2]

Section 2

Text of Section 2:
The legislative assembly shall provide by law for the establishment and the government of all political subdivisions. Each political subdivision shall have and exercise such powers as provided by law.[1][2]

Section 3

Text of Section 3:
The several counties of the state of North Dakota as they now exist are hereby declared to be counties of the state of North Dakota.[1][2]

Section 4

Text of Section 4:
The legislative assembly shall provide by law for relocating county seats within counties, but it shall have no power to remove the county seat of any county.[1][2]

Section 5

Text of Section 5:
Methods and standards by which all or any portion of a county or counties may be annexed, merged, consolidated, reclassified, or dissolved shall be as provided by law. No portion of any county or counties shall be annexed, merged, consolidated, or dissolved unless a majority of the electors of each affected county voting on the question so approve.[1][2]

Section 6

Text of Section 6:
The legislative assembly shall provide by law for the establishment and exercise of home rule in counties and cities. No home rule charter shall become operative in any county or city until submitted to the electors thereof and approved by a majority of those voting thereon. In granting home rule powers to cities, the legislative assembly shall not be restricted by city debt limitations contained in this constitution.[1][2]

Section 7

Text of Section 7:
The legislative assembly shall also provide by law for optional forms of government for counties, but no optional form of government shall become operative in any county until submitted to the electors thereof at a special or general election, and approved by a majority of those voting thereon.

Until one of the optional forms of county government is adopted by any county, the fiscal and administrative affairs of the county shall be governed by a board of county commissioners as provided by law.[1][2]

Section 8

Text of Section 8:
Each county shall provide for law enforcement, administrative and fiscal services, recording and registration services, educational services, and any other governmental services or functions as may be provided by law. Any elective office provided for by the counties shall be for a term of four years. Elective officers shall be elected by the electors in the jurisdiction in which the elected officer is to serve. A candidate for election for sheriff must be a resident in the jurisdiction in which the candidate is to serve at the time of the election. The office of sheriff shall be elected. The legislative assembly may provide by law for the election of any county elective officer, other than the sheriff, to serve one or more counties provided the affected counties agree to the arrangement and any candidate elected to the office is a qualified elector of one of the affected counties.[1][2]

Section 9

Text of Section 9:
Questions of the form of government to be adopted by any county or on the elimination or reinstatement of elective county offices may be placed upon the ballot by petition of electors of the county equal in number to twenty-five percent of the votes cast in the county for the office of governor at the preceding gubernatorial election.[1][2]

Section 10

Text of Section 10:
Agreements, including those for cooperative or joint administration of any powers or functions, may be made by any political subdivision with any other political subdivision, with the state, or with the United States, unless otherwise provided by law or home rule charter. A political subdivision may by mutual agreement transfer to the county in which it is located any of its powers or functions as provided by law or home rule charter, and may in like manner revoke the transfer.[1][2]

Section 11

Text of Section 11:
The power of the governing board of a city to franchise the construction and operation of any public utility or similar service within the city shall not be abridged by the legislative assembly.[1][2]

See also

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External links

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Additional reading

References

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 North Dakota Legislative Branch, "Article VII, North Dakota Constitution", accessed March 25, 2014
  2. 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.