§ 44-02-03.1 — Vacancy in legislative assembly

North Dakota § 44-02-03.1

• Jurisdiction: North Dakota
• Title 44: Offices and Officers
• Ch. 44-02: Vacancies in Office

Text

1. If a vacancy in the office of a member of the legislative assembly occurs, the secretary
of state shall notify the chairman of the legislative management of the vacancy. The
secretary of state need not notify the chairman of the legislative management of the
resignation of a member of the legislative assembly when the resignation was made
under section 44-02-02.
2. Upon receiving notification of a vacancy, the chairman of the legislative management
shall notify the district committee of the political party the former member represented,
or the member-elect or deceased or disqualified candidate would have represented, in
the district in which the vacancy exists. The district committee shall hold a meeting
within twenty-one days after receiving the notification and select an individual to fill the
vacancy. If the former member, member-elect, or deceased or disqualified candidate
was elected as an independent candidate or if the district committee does not make an
appointment within twenty-one days after receiving the notice from the chairman of the
legislative management, the chairman of the legislative management shall appoint a
resident of the district to fill the vacancy.
3. If a vacancy occurs because a member-elect died or became disqualified, or a
candidate who died or became disqualified received a sufficient number of votes to be
elected except for the death or disqualification, the term of an individual appointed to
fill the vacancy begins on the first day of December of the year in which the vacancy
occurs.
4. Except as provided in subsection 6:
a. If the office with the vacancy would not have been placed on the next general
election ballot after the vacancy occurs had the member, member-elect, or
candidate whose death, disqualification, or resignation created the vacancy been
able and qualified to fulfill the term, the individual appointed to fill the vacancy
shall serve until a successor is elected at and qualified following the next general
election that is at least ninety-four days after the vacancy occurs.
b. If the office with the vacancy would have been placed on the next general
election ballot after the vacancy occurs had the member, member-elect, or
candidate whose death, disqualification, or resignation created the vacancy been
able and qualified to fulfill the term and:
(1) The next general election is scheduled to take place less than ninety-four
days after the vacancy occurs:
(a) The individual appointed to fill the vacancy shall serve until a
successor is elected at and qualified following the next general
election that is at least ninety-four days after the vacancy occurs; and
(b) The elected successor shall serve through November thirtieth of the
following even-numbered year.
(2) The next general election is scheduled to take place at least ninety-four
days after the vacancy occurs, the individual appointed shall serve until a
successor is elected at and qualified following the next general election.
5. If a special election to fill the vacancy is called by the governor according to
subsection 6, the individual elected at the special election shall serve for the remainder
of the term of office which would have been served by the individual whose death,
disqualification, or resignation created the vacancy.

6. The qualified electors of a legislative district in which a vacancy in the office of a
member of the legislative assembly occurs due to the death, disqualification, or
resignation of a member of the legislative assembly during the member's term of office
may petition for a special election to be called by the governor to fill the vacancy. The
petition must include the signatures of qualified electors equal in number to at least
four percent of the resident population of the legislative district as determined by the
last federal decennial census and must be presented to the secretary of state within
thirty days following an appointment being made according to subsection 2. If the
secretary of state determines the petition contains the required number of signatures
of qualified electors of the affected legislative district, the secretary of state shall notify
the governor that a special election is required to be called to fill the vacancy. Upon
receiving the notice, the governor shall issue a writ of election directed to the secretary
of state commanding the secretary of state to hold a special election to fill the vacancy
at a time designated by the governor. A special election under this section must
conform to the applicable election deadlines found in title 16.1 and may be called to
coincide with a regularly scheduled primary or general election provided the special
election is called by the fifteenth day before the deadline for candidates to file for office
before a regularly scheduled primary or general election. A special election under this
section may not be scheduled to occur during the time from a general election through
eighty days following the adjournment of the next ensuing regular session of the
legislative assembly.
7. The secretary of state must be notified of an appointment made by a district committee
or the chairman of the legislative management according to this section. Upon
notification, the secretary of state shall issue the appointee a certificate of appointment
and an oath of office for the appointee to complete and file with the secretary of state.
8. For purposes of addressing vacancies in offices of members of the legislative
assembly, an individual is disqualified for an office if the individual fails to meet the
qualifications under law for the office.