11-04 County Seat Location and Removal

Download pdf

Loading PDF...


CHAPTER 11-04COUNTY SEAT LOCATION AND REMOVAL11-04-01. Selection of candidates for permanent county seat at primary election.When the temporary county seat of any county has been designated by the board of county<br>commissioners under section 11-03-07, the question of the permanent location of such county<br>seat may be voted upon at any primary election for the purpose of selecting candidates to be<br>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<br>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<br>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<br>petitioner shall sign more than one such petition. Petitions shall be filed with the county auditor<br>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<br>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<br>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<br>county for the office of governor at the preceding gubernatorial election is presented to the board<br>of county commissioners of that county asking removal of the county seat from its current<br>location to a place designated in the petition and that an election be held to determine whether<br>the removal must occur, the board of county commissioners shall submit the question of removal<br>to the qualified electors of the county at the next general election if the petition conforms to the<br>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<br>signator is a resident of the county and a qualified elector therein, that each signator personally<br>signed the signator's name to the petition knowing the contents and purposes thereof, that the<br>petition was signed in the presence of the circulator, and that the petition was circulated in its<br>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<br>object, must be given and the election must be held and conducted and the returns made in all<br>respects in the manner prescribed by law for the submission of questions to the electors of a<br>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<br>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<br>county seat at such election are in favor of the removal, the board of county commissioners must<br>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<br>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<br>townsite selected as the county seat and the date on which the change shall take effect. Such<br>date shall not be more than one year after the election. After the date named in the notice, the<br>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<br>board of county commissioners showing the result of the election must be filed in the office of the<br>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, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>