1. Local Governance recommendation
Laserfiche
>
Public
>
County Commission
>
2005
>
12-19-2005
>
Regular agenda
>
1. Local Governance recommendation
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
12/20/2005 7:20:17 AM
Creation date
12/12/2005 2:55:52 PM
Metadata
Fields
Template:
Commission
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
21
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
<br />ATTORNEY GENERAL'S OPINION 98-14 <br />May 12, 1998 <br />Page 11 <br /> <br />vote of the qualified electors of the county at a primary <br />or general election not less than sixty days nor more than <br />two years, as specified in the petition, after determining <br />that the petition is sufficient. The question on the <br />ballot at the election must be framed in a manner that <br />fairly and accurately describes the substance of the <br />proposed plan. The board shall cause the complete text of <br />the proposed plan to be published in the official <br />newspaper of the county, at least once during two <br />different weeks within the thirty-day period immediately <br />preceding the date of the election. The board of county <br />commi~sioners may, prior to the election, hold public <br />hearings and community forums and use other suitable means <br />to disseminate information, receive suggestions and <br />comments, and encourage public discussion of the purpose, <br />conclusions, and recommendations of the plan. If a <br />. maj ori ty '.' of the qualified-"e;t.ect:~:rsvoting on the question <br />approves of its adoption, the plan is effective according <br />to its terms. <br /> <br />N.D.C.C. Si 11-10.2-02(2). In addition to this right of initiative, <br />where the board of county commissioners, by resolution, has combined <br />or separated elective county officers or redesignated a county office <br />as elective or appointive, there is a provision for a referendum by <br />county electors which also requires that a petition be presented by <br />10 percent or more of the total number of qualified electors of the <br />county voting for governor at'the most recent gubernatorial election, <br />which petition, if received within the appropriate time period, will <br />suspend the county board's action. N.D.C.C. Si 11-10.2-02(1). <br /> <br />Article VII, Section 9 of the North Dakota Constitution provides for <br />a citizen initiative on questions of a county's form of government or <br />on the elimination or reinstatement of elective county offices, with <br />the measure to be placed on the ballot by a petition consisting of <br />electors of the county equal in number to 25 percent of the votes <br />cast in the county for the office of governor at the preceding <br />gubernatorial election. <br /> <br />The constitution of the state is its paramount law and is a <br />self-imposed restraint upon the people of the state in the exercise <br />of their governmental sovereign power, either by themselves through <br />the initiative or by their agency, the Legislature. Northwestern <br />Bell Tel. Co. v. Wentz, 103 N.W.2d 245, 252 (N.D. 1960). The North <br />Dakota Constitution is an instrument of limitations rather than an <br />instrument of grants such as the United States Constitution, and <br />under the North Dakota Constitution, the Legislature has plenary <br />
The URL can be used to link to this page
Your browser does not support the video tag.