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Laws governing recall in North Dakota
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A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in North Dakota. All state officials and officials of subdivisions of the state in North Dakota are subject to recall.[1]
In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.
Officers subject to recall
Federal officials
The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[2] Ballotpedia does not provide coverage of federal recalls. Click here for more information.
State officials
The citizens of North Dakota may initiate a recall election against any elected official, at any level of government. The North Dakota Constitution, Article III, Sections 1 and 10, authorizes recall against statewide, legislative, and county officials. The North Dakota Century Code, Section 44-08-21, authorizes recall against all elected officials in the remaining political subdivisions of the state.[1]
Local officials
Local officials in North Dakota are subject to recall under Article III of the North Dakota Constitution and the North Dakota Century Code, Section 44-08-21[1]
Process
Petition
Petition form
First, a request for a recall petition must be filed with the North Dakota Secretary of State. Every recall petition must have a sponsoring committee. Then the secretary of state will print up signature forms to be distributed. The petition will then be able to be circulated among the voters of the electoral district of the official being recalled.
Circulation timeline
Recall supporters are given either 90 days or one year to collect the necessary number of signatures, depending on the office type. After the appropriate number of signatures has been gathered, the petition must be filed with the elections office that processes candidate nominations for the relevant office. If the petition is considered valid, the elections office must put the recall on the election ballot after a 10-day waiting period in which the official up for recall may resign.[3]
Signature requirements
The amount of valid signatures required for recall election is 25% or 35% of the number of persons that voted in the last preceding election for the office, depending on the office type.[3]
Election
Recall elections must be held within 95 to 105 days of the recall petition being validated unless that date would fall within 95 days of the next regularly scheduled election. The recall election will not be held if no one files to run against the recalled official.[3]
The recall election will include the recalled official and any candidates who file to run against him or her. Whoever receives the most votes in the election will serve the remained of the official's term.[3]
Legislation involving recall elections
The table below lists bills related to recall elections in North Dakota. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
What are recalls?
Recall efforts
Ballotpedia's Recall Report
Recalls by state
Recalls by office
Recall laws
External links
- North Dakota Secretary of State - Recalling an Elected Official of the State or Political Subdivision
- North Dakota Secretary of State
Footnotes
- ↑ 1.0 1.1 1.2 North Dakota Secretary of State, "RECALLING AN ELECTED OFFICIAL OF THE STATE OR A POLITICAL SUBDIVISION," accessed September 19, 2025
- ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
- ↑ 3.0 3.1 3.2 3.3 Bill Track 50, "ND SB2269," accessed April 29, 2025
