1. Local Governance recommendation

ATTORNEY GENERAL'S OPINION 98-14 May 12/ 1998 Page 7 mandatory and prohibitory unless/ by express words/ they are declared to be otherwise. II This section establishes the rule that when the constitution directs something to be done in a given manner/ or at a particular time or place/ then there is an implied prohibition against any other mode or time or place for doing the act. State v. Stark County/ 103 N.W. 913/ 915 (N.D. 1905). Constitutional provisions directing the Legislature to implement a constitutional provision "by lawll operate to permit the Legislature to enact laws for the operation of those provisions/ and any such constitutional right must be exercised in accordance with the law that the Legislature enacts. State v. Hanson/ 558 N.W.2d 61L 614 (N.D. 1996) i Zahn v. Grafe 530 N.W.2d 645/ 646 (N.D. 1995) i Johnson v. Wells County Water Resource Bd./ 410 N.W.2d 525/ 529 n.3 (N.D. 1987)i State ex reI. Agnew v. Schneider/ 253 N.W.2d 184/ 187-188 (N.D. 1977)i State v. Timm/ 146 N.W.2d 552/ 553 (N.D. 1966) / State v. Stark County / 103 N. W. at 914-915. Therefore / the specific direction to -the-Legi-s-l-a:t:i-ve'Assembly to provide by law for' the establishment-.---a-nd -~--_._- ... the government of all political subdivisions/ and to provide by law for each county/ s provision of law enforcement/ administrative and fiscal services/ recording and registration services/ educational services and any other governmental services or functions/ operates to direct the Legislature to enact laws specifying the powers and form of county governmerit/ and this implies the power to specify the means of exercising those powers through county public officers. 1983 N.D. Op. Att/y Gen. 24. Therefore/ reading Article VII as a whole indicates that Article VII/ Section 9 was not intended to make a petition of electors of a county the only way by which questions of the elimination or reinstatement of elective county offices may be made. This is because provisions equal in stature to Article VII, Section 9 provide that these issues may be determined by law in addition to the constitutionally protected right to petition and demand a vote. Further / present Article VII was intended to give the Legislature freedom to enact laws addressing elective county offices because former protective measures for county offices were removed when Article VII was amended and reenacted. The amendment of an existing provision indicates an intent to change that provision. Bostow v. Lundell Mfg. Co./ 376 N.W.2d 20/ 22 (N.D. 1985)i City of Minot v. 'Knudson/ 184 N.W.2d 58/ 63-64 (N.D. 1971). Formerly/ Article VII/ Section 8 provided that each county must have an elected register of deeds/ county auditor/ treasurer/ sheriff/ state/s attorney/ and a clerk of the district court, except in counties having a population of 6,000 or less where the register of deeds was to be combined with the clerk of district court. N.D. Const. art. VII/ Section 8 (Allen