1. Local Governance recommendation

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-14 Date Issued: May 121 1998 Requested by: Patricia L. Burkel Burleigh County Statels Attorney - QUESTIONS PRESENTED - I. Whether N.D.C.C. ~ 11-10.2-02(1) conflicts with Article VIII Section 9 of the North Dakota Constitution by allowing the elimination of a county office by resolution of the county commission in addition to voter initiative. II. Whether N.D.C.C. ~ 11-10.2-02(2) conflicts with Article VIII Section 9 of the North Dakota Constitution by allowing the voter initiative in that subsection to be placed on the ballot by signatures equal to 10 percent of the county votes in the last gubernatorial election rather than 25 percent. - ATTORNEY GENERAL'S OPINIONS - I. It is my opinion that N.D.C.C. ~ 11-10.2-02(1) does not conflict with Article VIII Section 9 of the North Dakota Constitution because Article VIII Sections 2 and 8 allow the Legislature to authorize by law the elimination of a county office by resolution of the county commission in addition to the public/s right to petition and demand a vote guaranteed by Article VIII Section 9. II. It is my opinion that N.D.C.C. ~ 11-10.2-02(2) does not conflict with Article VIII Section 9 of the North Dakota Constitution by allowing the voter initiative in that subsection to be placed on the ballot by signatures equal to just 10 percent of the county votes in the last gubernatorial election rather than by 25 percent as specified by Article VIII Section 9.