§ 40-02-10 — Election returns - To whom made - Duty of board of county commissioners

The election officials acting in each place in which votes are cast in an election held under
this chapter shall return to the board of county commissioners which ordered the election a
verified statement of the results of the election showing the number of votes cast for and against
incorporation at their polling place. The returns shall be verified by the affidavit of the election
officials. The returns shall be canvassed by the board of county commissioners, and the results
of the canvass and of the election shall be entered upon the minutes of the proceedings of such
board. If a majority of the votes cast on the question at the election favored incorporation, the
board shall make an order declaring that the territory described in the petition has been
incorporated as a city under the council form of government or as a city under the commission
system of government, as the case may be, by the name described in the petition, stating that
name, and shall cause the order to be entered in the minutes of its proceedings. If the territory is
located in more than one county, a certified copy of such order shall be submitted immediately
to each of the other counties within which a portion of the territory described in the order is

situated. The auditor of each county to which a certified copy of the order is submitted shall
make a record of the order in the minutes of the board of county commissioners of such county.