11-07 Redistricting County
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<![CDATA[CHAPTER 11-07REDISTRICTING COUNTY11-07-01. County redistricting board - Membership - Powers. The redistricting boardshall be composed of the following members:1.The chairman of the board of county commissioners, who shall act as chairman of<br>the redistricting board.2.The state's attorney.3.A citizen or member of the governing body selected by the governing body of the city<br>having the largest population, according to the most recent federal decennial<br>census, in the county.4.A township supervisor selected by the township supervisors at a meeting called by<br>the county auditor, if more than one-half of the townships are organized, whose<br>service upon the board shall be contingent upon that person's service in office as a<br>township supervisor, or a citizen member at large appointed by the county<br>commission if less than one-half of the townships are organized.5.A citizen at large selected by representatives of each of the cities of the county,<br>excluding the largest city, if there is a total of at least three incorporated cities in<br>such county. Such representatives shall consist of one member of and selected by<br>the governing body of each of the cities in the county, other than the largest city.<br>The selection of the member of the redistricting board shall be made at a meeting<br>called by the county auditor for such purpose. In the event there is not a total of<br>three cities in the county, or that the selection is not made at the meeting called by<br>the county auditor, such citizen at large shall be selected by the redistricting board at<br>its first meeting. Such citizen at large shall serve until the time of the next decennial<br>redistricting.6.The county auditor, or such other county official responsible for conducting elections<br>within the county, as an ex officio, nonvoting member for the purpose of advising the<br>redistricting board on other existing election districts and precinct boundaries.Vacancies upon the board shall be filled in the same manner as in the case of original selection.<br>Such board may change the boundaries of the commissioners' districts of the county in<br>accordance with the provisions of this chapter.11-07-02. When districts must be changed - Additional meeting - Public hearing -Notice.Each redistricting board shall, within three months after official publication of eachfederal decennial census, meet at the call of the chairman to organize as provided in this chapter<br>and to consider redistricting, unless the county commissioners are currently elected at large<br>pursuant to subsection 3 of section 11-07-03 and neither a resolution of the board of county<br>commissioners nor a citizen petition pursuant to this section has called for such meeting. A<br>redistricting board may additionally meet during a census interim if a resolution calling for a<br>meeting is passed by the board of county commissioners or a petition calling for a meeting<br>signed by ten percent of the qualified electors of the county as determined by the number of<br>votes cast for governor in the last gubernatorial election is presented to the board of county<br>commissioners. If any one district in the county varies more than ten percent from the average<br>population per commissioner in such county determined by dividing the total population of the<br>county at the last federal decennial census by the number of commissioners' districts in such<br>county, or if county commissioners are elected at large, the redistricting board shall redistrict the<br>county, as provided in this chapter. If redistricting of a county is required, the chairman of the<br>redistricting board shall, not less than thirty days before the filing of the plan pursuant to section<br>11-07-03, call a meeting for the purpose of conducting a public hearing to review alternative<br>plans for such redistricting. Notice of such meeting shall be published or caused to be publishedPage No. 1by the chairman in the official county newspaper at least ten days prior to the date of such<br>hearing.11-07-03.Method of redistricting - Election of commissioners at large ifredistricting not accomplished by time certain. The redistricting board shall provide for the<br>election of county commissioners as follows:1.In redistricting a county, the redistricting board shall first attempt to make the districts<br>contiguous following township lines where practicable, as regular and compact in<br>form as practicable, and as substantially equal in population as possible.In noevent shall any commissioner's district vary in population more than ten percent<br>from the average population per commissioner as determined in section 11-07-02,<br>and any variance from the average population shall be justified in the statement filed<br>pursuant to this section.2.If the redistricting board determines that redistricting pursuant to subsection 1 is<br>impossible or would create illogical or impracticable districts, the redistricting board<br>shall attempt to make districts of as nearly equal populations as is practicable, but<br>such districts, when created wholly within the boundaries of a city, may coincide with<br>the geographical boundaries of election wards. All of the candidates seeking the<br>office of county commissioner in a county redistricted pursuant to this section must<br>be voted upon by the qualified electors of the entire county, but one of the<br>commissioners to be elected must reside in each of the districts created pursuant to<br>this section. The official ballot must designate the commissioner district of each<br>candidate by having printed thereon the words "of commissioner district" and the<br>designation of that district in close proximity to the candidate's name. When an<br>individual is seeking nomination as a candidate for the office of county commissioner<br>at a primary election, the two candidates from each of the commissioner districts<br>receiving the highest number of votes are deemed nominated. If only one candidate<br>is seeking nomination from a particular commissioner district, that candidate will be<br>deemed nominated. Following redistricting pursuant to this subsection, the board of<br>county commissioners may combine two or more of the districts so created by<br>resolution passed by a majority of the total membership of the board. In the event<br>thattwoormorecommissionerdistrictsarecombined,thenumberofcommissioners elected who must reside in the combined district is equal to the<br>number of districts combined. In the event that a county commissioner changes the<br>place of residence within the county after election from a particular district, the<br>commissioner must be allowed to complete the remainder of that term of office. A<br>candidate elected as county commissioner on a staggered basis as provided in<br>section 11-07-04 must be elected at large, but must reside in the same district the<br>commissioner represented whom the candidate is to succeed in office.3.In the event that redistricting is required but not completed in the manner prescribed<br>in subsection 1 or 2, all commissioners' districts in such county shall be abolished<br>and, notwithstanding the provisions of section 11-11-02, thereafter county<br>commissioners for such county shall be elected at large without regard to district<br>representation in the manner and at the time provided in this title and shall continue<br>to be elected at large until a proper redistricting plan is filed as required by this<br>chapter.The geographical boundaries of new districts created by the redistricting board must be agreed<br>upon by a majority of the board. Redistricting must be completed by the filing, by the chairman of<br>the redistricting board, of an accurate description of the redistricting method employed and the<br>approved geographical boundaries and a statement of the population of the new districts,<br>including an explanation of any variances, with the county auditor by January first of an<br>even-numbered year to be effective for that year's elections.Page No. 211-07-03.1. Optional method of redistricting - Board of county commissioners mayexercise option - Combination of districts - Election at large of candidates from districts.<br>Repealed by S.L. 2009, ch. 110, </p>
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