There is a newer version of the North Dakota Century Code
2009 North Dakota Code
44 Offices and Officers
44-01 Eligibility and Qualifications of Officers
Download pdfelector. 44-01-02. Credit for military service. Any person elected or appointed to any position or office in this state, or in any political subdivision thereof, in which length of service is one of the
qualifications necessary to election or appointment, must be given credit for service in the army
of the United States between April 6, 1917, and November 11, 1919, in the particular vocation,
profession, or trade in which the person was engaged at the time of entering such service, if the
person holds an honorable discharge from the military service of the United States and is
recognized as a North Dakota soldier. 44-01-03. When state and district officers shall qualify. Except when otherwise specially provided, all state and district officers shall qualify on the first day of January next
succeeding their election and on said first day of January shall enter upon the discharge of the
duties of their respective offices, provided that when a person is elected to fill an unexpired term
in a district office then vacant or then held by an appointee, such person may qualify and enter
upon the discharge of the duties of such office at any time after receiving a certificate of election
to that office but not later than the first day of January next succeeding the date of election to the
unexpired term of office. 44-01-04. State, district, and county officers - Failure to qualify - Vacancy. If any person elected to any state, district, county, or other political subdivision office fails to qualify and
enter upon the duties of such office within the time fixed by law, such office must be deemed
vacant and must be filled by appointment as provided by law. If there is a contest for such office
or if the person elected to such office is prevented or obstructed in any manner from entering
upon the duties thereof, the time above prescribed does not govern and the person must be
allowed twenty days after the day such contest is determined or such obstruction removed in
which to qualify. 44-01-05. Oath of civil officers. Each civil officer in this state before entering upon the duties of that individual's office shall take and subscribe the oath prescribed in section 4 of article
XI of the Constitution of North Dakota. The oath must be endorsed upon the back of, or attached
to, the commission, appointment, or certificate of election. The term civil officer includes every
elected official and any individual appointed by such elected official; any individual appointed by
the governor and required by section 16.1-09-02 to file a statement of interests with the secretary
of state; appointed member of any state authority, board, bureau, commission, and council; and
the appointed head of any state agency and agency division, whether the individual serves with
or without compensation. Except for an individual appointed to fill a vacancy existing in the
legislative assembly, the term does not include any individual receiving a legislative appointment.
For purposes of this chapter and chapter 44-05, the term civil officer has the same meaning as
public officer. 44-01-05.1. Failure to file oath. The appointment of any civil officer may be rescinded by the appointing authority if the appointed civil officer fails to file an oath of office at the place of
filing required by section 44-05-04. 44-01-06. State and district officers to give bonds. Repealed by S.L. 1987, ch. 537, § 1. Page No. 1 44-01-07. Officers to account for moneys collected. Each civil officer who gives a bond shall render a true account of all moneys and property of every kind that come into that
person's hands as such officer and shall pay and deliver over the same according to law. 44-01-08. Approval of bonds. Repealed by S.L. 2003, ch. 380, § 1. 44-01-09. Filing of bonds. Repealed by S.L. 2003, ch. 380, § 1. 44-01-10. Approval of bond - Signature of officer approving. Repealed by S.L. 2003, ch. 380, § 1. 44-01-11. Approval of fidelity bonds. No officer or board charged by law with the duty of approving official bonds may approve any bond made in violation of this chapter. No bond
given or approved in contravention of section 44-01-14 may be held to be invalid by reason
thereof. 44-01-12. Bonds construed to cover all duties. The bond of each civil officer must be construed to cover duties imposed by laws passed subsequent to the execution of such bond as
well as to those duties imposed at the time of the execution of the bond. No bond is void
because of its failure to comply with the law as to matters of form or substance but it is valid as to
all matters contained therein if it complies substantially with the law. 44-01-13. Governor may require additional bond of state officers. Repealed by S.L. 1999, ch. 113, § 24. 44-01-14. Public officials prohibited from becoming sureties for other officers and employees. No officer or employee of the state who is bonded in the state bonding fund may
become a surety upon any bond or undertaking while that person's coverage in such fund is
effective. No officer or employee of any municipality, political subdivision, or public corporation
may become a surety upon any bond or undertaking of any other officer or employee thereof, nor
on any bond or undertaking of a depository of the funds thereof. As used in this section, "officer"
includes deputy officers and officers appointed by the courts, and "employee" includes all
persons other than officers so defined who may perform or contract to perform services for a
consideration, and includes subcontractors on public works. 44-01-15. Political subdivisions authorized to carry liability insurance - Defense of governmental immunity not available to insurers. Repealed by omission from this code. Page No. 2 Document Outline chapter 44-01 eligibility and qualifications of officers
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.