11-04 County Seat Location and Removal
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commissioners under section 11-03-07, the question of the permanent location of such county
seat may be voted upon at any primary election for the purpose of selecting candidates to be
voted upon at the general election.11-04-02. Petitions for permanent location of county seat. The names of cities orunincorporated townsites contending for the county seat shall be placed upon the primary
election ballot by petition. Each such petition shall:1.Designate the proposed county seat.2.Be signed by at least ten percent of the qualified electors of the county as
determined by the vote cast for the office of governor at the last general election.Each such petitioner shall state the date of signing the petition and the petitioner's residence. No
petitioner shall sign more than one such petition. Petitions shall be filed with the county auditor
at least thirty days prior to the holding of the primary election.11-04-03. General election on question of permanent location of county seat. Thetwo sites or places receiving the highest number of votes at the primary election, and only such
two, shall be placed on the official ballot at the first following general election.The city orunincorporated townsite receiving the higher number of votes cast for the county seat location at
such general election shall be designated the county seat.11-04-04.County seat - Removal - Petition - Election.Whenever a petition ofqualified electors of the county equal in number to thirty-three percent of the votes cast in the
county for the office of governor at the preceding gubernatorial election is presented to the board
of county commissioners of that county asking removal of the county seat from its current
location to a place designated in the petition and that an election be held to determine whether
the removal must occur, the board of county commissioners shall submit the question of removal
to the qualified electors of the county at the next general election if the petition conforms to the
requirements of this chapter.11-04-05. Petition for removal of county seat must be verified. A petition for theremoval of a county seat must be verified by the affidavit of the circulator stating that each
signator is a resident of the county and a qualified elector therein, that each signator personally
signed the signator's name to the petition knowing the contents and purposes thereof, that the
petition was signed in the presence of the circulator, and that the petition was circulated in its
entirety.11-04-06. Election on county seat removal - Notice - How conducted - Returns -How made. Notice of an election on the question of removal of a county seat, clearly stating its
object, must be given and the election must be held and conducted and the returns made in all
respects in the manner prescribed by law for the submission of questions to the electors of a
county under the general election law.11-04-07. Form of ballot on county seat removal. The ballot to be used at an electionfor the removal of a county seat must be in a form that will allow an elector to vote for the existing
county seat or a place in the county named in the petition under section 11-04-04.11-04-08. Affirmative vote necessary to remove county seat - Notice of result. Iftwo-thirds or more of all the legal votes cast by those voting on the question of removal of the
county seat at such election are in favor of the removal, the board of county commissioners must
give notice of the result of the election by posting notices in all of the election precincts in thePage No. 1county and by publishing a similar notice at least once each week for four weeks in the official
newspaper of the county.11-04-09. Contents of notice of county seat removal - When county seat deemedchanged. The notice provided for in section 11-04-08 shall state the city or unincorporated
townsite selected as the county seat and the date on which the change shall take effect. Such
date shall not be more than one year after the election. After the date named in the notice, the
place chosen at the election shall be the county seat of the county.11-04-10. Statement of result of election for removal of county seat - Where filed.Whenever an election for removal of a county seat has been held, the statement made by the
board of county commissioners showing the result of the election must be filed in the office of the
county auditor and a certified copy thereof transmitted to the secretary of state.11-04-11. Interval required between elections for the removal of a county seat. Anelection for the removal of a county seat may not be held more often than once in four years.11-04-12. County seat not on railroad - Election any year. Repealed by S.L. 1995,ch. 109,