1. Local Governance recommendation

ATTORNEY GENERAL'S OPINION 98-14 May 12, 1998 Page 12 authority except as limited by these constitutions and appropriate congressional acts. State v. Kainz, 321 N.W.2d 478, 480 (N.D. 1982). The Legislature may expand the rights of its citizens beyond those rights given by the constitution, although it may not reduce consti tutional rights. Johnson, 410 N. W. 2d at 529. The Legislature's decision as stated in N.D.C.C. s 11-10.2-02(2) to require a petition of only 10 percent or more of the total number of qualified electors of the county voting for governor at the most recent gubernatorial election instead of 25 percent under Article VII, Section 9 is a grant of additional or broadened authority to the public. This statute makes the right of initiative or referendum easier for the public to exercise, and hence increases the likelihood that such power might be exercised by the public. On the other hand, it may be argued that requiring a petition of 25 percent-oinstead---of - -l{)-percent before these issues must:'-be-pJ::aced- -on--- the ballot was intended to protect the county from having to face repeated attempts to challenge the form of government or the status of elective or appointive offices at each election. However, it has been held that: In North Dakota, counties are creatures of the constitution and may speak and act only in the manner and on the matters prescribed by the Legislature in statutes enacted pursuant to constitutional authority. State Historical Soc'y, 371 N.W.2d at 329, Dornacker v. Olson, 248 N.W.2d 844, 849 (N.D. 1976). Further, Article VII, Sections 2 and 8 provide that the Legislature may determine the appropriate form of county government, and there is no constitutional provision stating whether certain county offices must exist or whether any particular office must be elective or appointive. Therefore, the Legislature may determine that the people should have an additional or broadened right to vote on questions of the form of county government or the elimination or reinstatement of elective county offices than provided by the constitution's minimum guarantee concerning the people's power to petition and require a vote on those items contained in Article VII, Section 9. In conclusion, it is my opinion that N.D.C.C. s 11-10.2-02(2) does not conflict with Article VII, Section 9 of the North Dakota Constitution by allowing the voter initiative to be placed on the ballot by signature equal to 10 percent of the county votes in the last gubernatorial election rather than the 25 percent specified by Article VII, Section 9.