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44-01 Eligibility and Qualifications of Officers

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TITLE 44OFFICES AND OFFICERSCHAPTER 44-01ELIGIBILITY AND QUALIFICATIONS OF OFFICERS44-01-01. Eligibility to office. Every elector is eligible to the office for which that personis an elector, except when otherwise specially provided. No person is eligible who is not such an<br>elector.44-01-02. Credit for military service. Any person elected or appointed to any positionor office in this state, or in any political subdivision thereof, in which length of service is one of the<br>qualifications necessary to election or appointment, must be given credit for service in the army<br>of the United States between April 6, 1917, and November 11, 1919, in the particular vocation,<br>profession, or trade in which the person was engaged at the time of entering such service, if the<br>person holds an honorable discharge from the military service of the United States and is<br>recognized as a North Dakota soldier.44-01-03.When state and district officers shall qualify.Except when otherwisespecially provided, all state and district officers shall qualify on the first day of January next<br>succeeding their election and on said first day of January shall enter upon the discharge of the<br>duties of their respective offices, provided that when a person is elected to fill an unexpired term<br>in a district office then vacant or then held by an appointee, such person may qualify and enter<br>upon the discharge of the duties of such office at any time after receiving a certificate of election<br>to that office but not later than the first day of January next succeeding the date of election to the<br>unexpired term of office.44-01-04. State, district, and county officers - Failure to qualify - Vacancy. If anyperson elected to any state, district, county, or other political subdivision office fails to qualify and<br>enter upon the duties of such office within the time fixed by law, such office must be deemed<br>vacant and must be filled by appointment as provided by law. If there is a contest for such office<br>or if the person elected to such office is prevented or obstructed in any manner from entering<br>upon the duties thereof, the time above prescribed does not govern and the person must be<br>allowed twenty days after the day such contest is determined or such obstruction removed in<br>which to qualify.44-01-05. Oath of civil officers. Each civil officer in this state before entering upon theduties of that individual's office shall take and subscribe the oath prescribed in section 4 of article<br>XI of the Constitution of North Dakota. The oath must be endorsed upon the back of, or attached<br>to, the commission, appointment, or certificate of election. The term civil officer includes every<br>elected official and any individual appointed by such elected official; any individual appointed by<br>the governor and required by section 16.1-09-02 to file a statement of interests with the secretary<br>of state; appointed member of any state authority, board, bureau, commission, and council; and<br>the appointed head of any state agency and agency division, whether the individual serves with<br>or without compensation. Except for an individual appointed to fill a vacancy existing in the<br>legislative assembly, the term does not include any individual receiving a legislative appointment.<br>For purposes of this chapter and chapter 44-05, the term civil officer has the same meaning as<br>public officer.44-01-05.1. Failure to file oath. The appointment of any civil officer may be rescindedby the appointing authority if the appointed civil officer fails to file an oath of office at the place of<br>filing required by section 44-05-04.44-01-06. State and district officers to give bonds. Repealed by S.L. 1987, ch. 537, </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>