North Dakota Code 40-06-09 – Change in number of members of city governing body – Election
1. The process for increasing or decreasing the number of members of a city governing body pursuant to sections 40-04.1-01, 40-08-03, and 40-09-01 may be initiated:
Terms Used In North Dakota Code 40-06-09
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
a. By resolution approved by a majority vote of the governing body of the city; or
b. By a petition signed by ten percent or more of the total number of qualified electors of the city voting for governor at the most recent gubernatorial election and submitted to the governing body of the city.
2. The governing body of the city shall submit the question of increasing or decreasing the number of members of the city governing body to the electors of the city at any regular city election or primary or general election as specified in the resolution or petition submitted pursuant to subsection 1. The question requires an affirmative vote of those voting on the question for passage.
3. If an increase in the number of members of the city governing body is approved by the electors, the additional members must be elected at the next regular city election or as specified in the resolution or petition pursuant to subsection 1. The additional members shall hold office for terms of four years and until a successor is elected and qualified, unless different terms are specified in the resolution or petition pursuant to subsection 1. The terms of office must be arranged on a staggered basis as otherwise provided by law.
4. If a decrease in the number of members of the city governing body is approved by the electors, the offices identified for abolition shall continue until the time when the terms of those offices expire. A different procedure for abolition of the offices may be specified in the resolution or petition pursuant to subsection 1.
5. All statutory provisions relating specifically to a ten-member council or eleven-member council, whether repealed or amended by chapter 401 of the 1993 Session Laws, including sections 40-08-03.1, 40-08-03.2, 40-08-04, 40-08-04.1, 40-08-06.1, and 40-12-01, continue to apply to those councils existing on August 1, 1993, until such time as an increase or decrease occurs in the number of members of those councils pursuant to this section.