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44-02 Vacancies in Office

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CHAPTER 44-02VACANCIES IN OFFICE44-02-01. Vacancies - Causes thereof. An office becomes vacant if the incumbentshall:1.Die in office;2.Be adjudged mentally ill;3.Resign from office;4.Be removed from office;5.Fail to discharge the duties of office, when the failure has continued for sixty<br>consecutive days, except when prevented from discharging the duties by reason of<br>the person's service in the armed forces of the United States, by sickness, or by<br>other unavoidable cause.However, as to any office which under the law thevacancy must be filled by the governor, the governor for good cause shown may<br>extend the period, which the incumbent may be absent, for an additional period of<br>sixty days. No remuneration on account of such office may be paid to an absentee<br>officeholder during that person's absence, and the office in all cases becomes<br>vacant upon the termination of the term for which the person was elected or<br>appointed;6.Fail to qualify as provided by law, which includes taking the designated oath of office<br>prescribed by law;7.Cease to be a resident of the state, district, county, or other political subdivision in<br>which the duties of the office are to be discharged, or for which the person may have<br>been elected;8.Be convicted of a felony or any offense involving moral turpitude or a violation of the<br>person's official oath;9.Cease to possess any of the qualifications of office prescribed by law; or10.Have the person's election or appointment declared void by a competent tribunal.44-02-02. Resignations of officers - To whom made. The resignation of an officermust be in writing and must be made as follows:1.The governor and lieutenant governor, to the legislative assembly, if it is in session,<br>and if not, to the secretary of state.2.Any other state or district officer, to the governor.3.A member of the legislative assembly, to the presiding officer of the branch of which<br>the individual is a member, when in session, and when not in session, to the<br>chairman of the legislative management. When made to the presiding officer, the<br>presiding officer at once shall notify the chairman of the legislative management of<br>the resignation.4.An officer of the legislative assembly, to the branch of which the individual is an<br>officer.5.An elective county officer, by filing or depositing the resignation in the office of the<br>county auditor, except that the resignation of the county auditor must be filed orPage No. 1deposited with the board of county commissioners.Any resignation under thissubsection, unless a different time is fixed therein, takes effect upon the filing or<br>deposit.6.An officer of a civil township, to the board of supervisors of the township, except that<br>a member of the board shall submit the member's resignation to the township clerk,<br>and the township clerk forthwith shall give to the county auditor notice of the<br>resignation of all officers whose bonds are filed with that officer.7.Any officer holding office by appointment, to the body, board, court, or officer which<br>appointed the officer.44-02-03. Vacancy in state or district office - How filled. Any vacancy in a state ordistrict office, except in the office of a member of the legislative assembly, must be filled by<br>appointment by the governor. A vacancy in the office of a supreme court justice or district court<br>judge must be filled as provided in chapter 27-25. If during a vacancy in the office of governor,<br>the lieutenant governor and the secretary of state are impeached, displaced, resign, or die, or<br>from mental or physical disease or otherwise become incapable of performing the duties of the<br>office of governor as provided by sections 2 and 7 of article V of the Constitution of North Dakota,<br>then the succession to the office of governor is the speaker of the house, president pro tem of the<br>senate, attorney general, in the order named. Each succeeding person named shall hold the<br>office of governor until the vacancy is filled by election or until any disability of the preceding<br>person in the line of succession is removed.44-02-04. Vacancy in county office - Appointment. A vacancy in any county office,other than that of county commissioner, must be filled by the board of county commissioners,<br>with the exception that if a vacancy has occurred in the office of state's attorney by reason of<br>removal under section 44-11-01, the appointment must be made by the board of county<br>commissioners by and with the advice and consent of the governor.The board of countycommissioners may declare a county office to be vacant whenever the officeholder is unable to<br>perform the duties of the office for six months or more.However, if within one year theofficeholder should become able to perform the officeholder's duties, the county commissioners<br>may, for good cause shown, reinstate the officeholder.44-02-05. Vacancy in board of county commissioners - How filled. When a vacancyoccurs in the board of county commissioners, the remaining members of the board, with the<br>district judge selected by the remaining county commissioners, immediately shall appoint some<br>suitable person to fill the vacancy from the district in which the vacancy occurred. If a majority of<br>the officers fails to agree upon a person to fill the vacancy, the county treasurer or, if the county<br>does not have an elected treasurer, another elective county officer must be called in and shall act<br>as an additional member of the board to fill the vacancy. The appointee holds office until the<br>appointee's successor is elected at the next general election that occurs at least sixty days after<br>the vacancy and the successor has qualified.44-02-06. Vacancy in township office - How filled. Repealed by S.L. 1955, ch. 342, </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>