1. Sales tax election legal opinion

question, in reaching his opinion the AG states that regular or general elections are ones recurring at stated times fixed by law. · Opinion 1999-L-112, November 18,1999: This opinion relates to a school board election issue. The crux of this opinion is again not particularly relevant. However, within the opinion the AG discusses techniques for statutory interpretation. The opinion states, among other things: (1) a person should initially seek the intent of the legislative body from the statutory language, and (2) words in a statute are to be understood in their ordinary sense unless a contrary intention plainly appears, but any words specifically explained should be understood as explained. In this HRC opinion I am not interpreting a statute. However those interpretation techniques have merit in interpreting the HRC. . Case law: Case law interpreting statutes is not binding upon the meaning of "regular" within Cass County's HRC. In any case, I did not find specifically relevant ND decisions, so I looked beyond this state. Although it has no legal weight in ND, and again only as a point of perspective, I mention a 1961 case decided by the New Hampshire Supreme Court. That case dealt with whether an election in Salem, on an ordinance to prohibit the sales of certain foods on Sunday, was properly held. The NH statutes allowed towns to adopt ordinances regulating Sunday business if put to the voters at the "next regular election". In Salem's case the amended ordinance was adopted at a special meeting of the selectmen. The NH Supreme Court stated that a special meeting of the selectmen is neither a regular meeting nor a regular election. In so stating the court more specifically stated "[a] regular election in common parlance is an election that is regularly and recurrently held". Mason v. Town of Salem, 167 A.2d 433 (N.H. 1961). Analyses In a general sense, is possible to interpret the term "regular", as it relates to an election, to mean recurring at a fixed time, or conducted through a uniform procedure, or both. Furthermore, an argument can be made for the prudence of providing for tax-related issues to be raised more often than every two years, in case there is a pressing community problem that needs to be addressed by the electorate. Clearly other home rule counties, both before and after Cass County implemented its HRC, chose to give themselves the flexibility to address these matters at both regularly scheduled and special elections. However, in the absence of an express definition of the word "regular" within the HRC, in light of the purposeful effort to remove the words "or special" by the HRC drafters, and considering all of the above, it is my opinion that the term "regular county election" as used in Cass County's HRC was meant to distinguish it from a "special" election. A November 2007 election would be "special" in time, even if it was otherwise "regular" in procedure. Accordingly, Art. 9, 92.2 does not permit a special election to be held in November 2007 to consider the GFMEDC's request to impose a 1/2-cent sales tax.