1. Local Governance recommendation

ATTORNEY GENERAL'S OPINION 98-14 May 12, 1998 Page 5 construction. // 268 (N.D. 1995). Comm'n on Med. Competency v. Racek, 527 N.W.2d 262, Generally, objectives mandatory. 1991) if a duty of that In the prescribed in a statute is essential to the main statute, the duty will be construed as being Interest of C.J.A., 473 N.W.2d 439, 441 (N.D. Mandatory and directory statutes each impose duties, and their difference lies in the consequence of the failure to perform the duty. The mandatory-directory dichotomy relates to whether the failure to perform a duty will invalidate subsequent proceedings. If the prescribed duty is essential to the main objective of the statute, the statute is mandatory and the failure to comply with it will invalidate subsequent proceedingsi . however, if the duty is'not essential to accomplishing the main obj ecti ve of the statute but is designed to assure order and promptness in the proceeding, the statute is directory and the failure to comply with it will not invalidate subsequent proceedings. Solen Public School Dist. No.3 v. Heisler, 381 N.W.2d 201, 203 (N.D. 1986) . See also Lippert v. Grand Forks Public School Dist., 512 N.W.2d 436, 439-440 (N.D. 1994). This can be restated generally as a test whether the provision is for the benefit aiid'prbtectibn of the public. See Fisher v. Golden Valley Bd. of County Comm' rs, 226 N.W.2d 636, 645 (N.D. 1975). If the provision is for the benefit and protection of the public, it is mandatory, but if the provision is designed to secure order, system and dispatch in proceedings and the rights of the public cannot be injuriously affected, then the provision is merely directory. Id. When reviewing Article VII, Section 9 in light of the analysis given by the North Dakota Supreme Court regarding the mandatory or directory dichotomy, it is apparent that this provision is a permissive grant of authority to the electors of the county. However, this provision creates a mandatory duty on the county, government when the electors fulfill the prerequisite requirement of providing a petition of electors of the county equal in number to 25 percent of the votes cast in the county for the office of governor in the preceding gubernatorial election. Put another way, Article VII, Section 9 is a grant of discretionary power to the public to require certain questions be put to a vote of the people upon a sufficient petition being delivered to the county government. Its purpose is to protect the rights of the people in their county government by