North Dakota § 40-08-16 Vacancy in office of mayor - Filled by election or by council - President of council to be acting mayor

North Dakota Statutes

§ 40-08-16 — Vacancy in office of mayor - Filled by election or by council - President of council to be acting mayor

North Dakota § 40-08-16

Title 40Municipal Government

Ch. 40-08Governing Body and Executive Officer in Council Cities

This text of North Dakota § 40-08-16 (Vacancy in office of mayor - Filled by election or by council - President of council to be acting mayor) 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 § 40-08-16 (2026).

Text

council to be acting mayor.
If a vacancy occurs in the office of mayor, the city council may call a special city election to
fill such vacancy for the unexpired term or may, after fifteen days from the date of such vacancy,
elect one of its members to act as mayor. The member so elected shall possess all the rights
and powers of the mayor until the next election and until a mayor is elected and qualified. Upon
petition of five percent of the qualified electors, as determined by the total number of votes cast
in the city in the last city general election, the council shall call a special election to fill a vacancy
occurring more than six months prior to the next city election, provided such petition is
submitted within fifteen days of the date of such vacancy. During the interim between the

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council to be acting mayor.
If a vacancy occurs in the office of mayor, the city council may call a special city election to
fill such vacancy for the unexpired term or may, after fifteen days from the date of such vacancy,
elect one of its members to act as mayor. The member so elected shall possess all the rights
and powers of the mayor until the next election and until a mayor is elected and qualified. Upon
petition of five percent of the qualified electors, as determined by the total number of votes cast
in the city in the last city general election, the council shall call a special election to fill a vacancy
occurring more than six months prior to the next city election, provided such petition is
submitted within fifteen days of the date of such vacancy. During the interim between the date
when a vacancy occurs in the office of mayor and election and qualification of a successor, the
president of the city council shall be the acting mayor.