North Dakota § 40-06-09 Change in number of members of city governing body - Election

North Dakota Statutes

§ 40-06-09 — Change in number of members of city governing body - Election

North Dakota § 40-06-09

Title 40Municipal Government

Ch. 40-06Governing Body in Municipalities, General Provisions

This text of North Dakota § 40-06-09 (Change in number of members of city governing body - Election) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 40-06-09 (2026).

Text

1.The process for increasing or decreasing the number of members of a city governing body pursuant to sections 40-04.1-01, 40-08-03, and 40-09-01 may be initiated:

a.By resolution approved by a majority vote of the governing body of the city; or

b.By a petition signed by ten percent or more of the total number of qualified electors of the city voting for governor at the most recent gubernatorial election and submitted to the governing body of the city.

2.The governing body of the city shall submit the question of increasing or decreasing the number of members of the city governing body to the electors of the city at any regular city election or primary or general election as specified in the resolution or petition submitted pursuant to subsection 1. The question requires an affirmative

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1. The process for increasing or decreasing the number of members of a city governing
body pursuant to sections 40-04.1-01, 40-08-03, and 40-09-01 may be initiated:
a. By resolution approved by a majority vote of the governing body of the city; or
b. By a petition signed by ten percent or more of the total number of qualified
electors of the city voting for governor at the most recent gubernatorial election
and submitted to the governing body of the city.
2. The governing body of the city shall submit the question of increasing or decreasing
the number of members of the city governing body to the electors of the city at any
regular city election or primary or general election as specified in the resolution or
petition submitted pursuant to subsection 1. The question requires an affirmative vote
of those voting on the question for passage.
3. If an increase in the number of members of the city governing body is approved by the
electors, the additional members must be elected at the next regular city election or as
specified in the resolution or petition pursuant to subsection 1. The additional members
shall hold office for terms of four years and until a successor is elected and qualified,
unless different terms are specified in the resolution or petition pursuant to
subsection 1. The terms of office must be arranged on a staggered basis as otherwise
provided by law.
4. If a decrease in the number of members of the city governing body is approved by the
electors, the offices identified for abolition shall continue until the time when the terms
of those offices expire. A different procedure for abolition of the offices may be
specified in the resolution or petition pursuant to subsection 1.
5. All statutory provisions relating specifically to a ten-member council or eleven-member
council, whether repealed or amended by chapter 401 of the 1993 Session Laws,
including sections 40-08-03.1, 40-08-03.2, 40-08-04, 40-08-04.1, 40-08-06.1, and
40-12-01, continue to apply to those councils existing on August 1, 1993, until such
time as an increase or decrease occurs in the number of members of those councils
pursuant to this section.