N.D. Cent. Code § 44-08-09 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-09
44-08-09. Fees paid in advance or security given
Status: in_force

44-08-09. Fees paid in advance or security given

The clerk of the supreme court, the clerk of each district court, sheriff, or recorder, in all

cases, may require the party for whom any service is to be rendered to pay the fees in advance

of service, or to give security for the costs of service, to be approved by the officer.
N.D. Cent. Code § 44-04-18.20 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.20
44-04-18.20. Domestic violence and victim record information exempt
Status: in_force

44-04-18.20. Domestic violence and victim record information exempt

The address, telephone number, or any identifying information that, if released, could

reasonably be used to locate or identify a victim or alleged victim of domestic violence, of a sex

offense under chapter 12.1-20, of sexual performances by a child under chapter 12.1-27.2, or of

human trafficking under chapter 12.1-41, contained in any record maintained by a criminal

justice agency as defined by section 44-04-18.7 or correctional facility as defined by section

12-44.1-01 is exempt.
N.D. Cent. Code § 44-03-02 — ND Code / Title 44 / Chapter 44-03 / Section 44-03-02
44-03-02. Persons ineligible as deputy
Status: in_force

44-03-02. Persons ineligible as deputy

No state officer can appoint as deputy any other state or district officer. A state treasurer

may not appoint as deputy any county treasurer, recorder, sheriff, or county commissioner.
N.D. Cent. Code § 44-04-17.1 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-17.1
44-04-17.1. Definitions
Status: in_force

44-04-17.1. Definitions

As used in this section through section 44-04-32:

1. "Closed meeting" means all or part of an exempt meeting that a public entity in its

discretion has not opened to the public, although any person necessary to carry out or

further the purposes of a closed meeting may be admitted.

2. "Closed record" means all or part of an exempt record that a public entity in its

discretion has not opened to the public.

3. "Confidential meeting" or "confidential record" means all or part of a record or meeting

that is either expressly declared confidential or is prohibited from being open to the

public.

4. "Executive session" means all or part of a meeting that is closed or confidential.

5. "Exempt meeting" or "exempt record" means all or part of a record or meeting that is

neither required by law to be open to the public, nor is confidential, but may be open in

the discretion of the public entity.

6. "Governing body" means the multimember body responsible for making a collective

decision on behalf of a public entity. "Governing body" also includes any group of

persons, regardless of membership, acting collectively pursuant to authority delegated

to that group by the governing body.

7. "Information technology resources" includes data processing hardware and software

or technology support services necessary to facilitate a response to a request for

electronic records.

8. "Law" includes federal statutes, applicable federal regulations, and state statutes.

9. a. "Meeting" means a formal or informal gathering or a work session, whether in

person or through any electronic means, of:

(1) A quorum of the members of the governing body of a public entity regarding

public business; or

(2) Less than a quorum of the members of the governing body of a public entity

regarding public business, if the members attending one or more of the

smaller gatherings collectively constitute a quorum and if the members hold

the gathering for the purpose of avoiding the requirements of section

44-04-19.

b. "Meeting" does not include:

(1) A chance or social gathering at which public business is not considered;

(2) Emergency operations during a disaster or emergency declared under

section 37-17.1-10 or an equivalent ordinance if a quorum of the members

of the governing body are present but are not discussing public business as

the full governing body or as a task force or working group;

(3) The attendance of members of a governing body at meetings of any

national, regional, or state association to which the public entity, the

governing body, or individual members belong;

(4) Training seminars at which no other public business is considered or

discussed; and

(5) Administration of examinations by a regulatory board when no other public

business is considered or discussed.

c. Notwithstanding subdivisions a and b, as applied to the legislative assembly,

"meeting" means any gathering subject to section 14 of article IV of the

Constitution of North Dakota.

d. Notwithstanding subdivisions a and b, "meeting" does not include any meeting of

the judicial branch or a committee or workgroup of the judicial branch. Such

meetings are governed by section 5 of article XI of the Constitution of North

Dakota.

10. "Organization or agency supported in whole or in part by public funds" means an

organization or agency in any form which has received public funds exceeding the fair

market value of any goods or services given in exchange for the public funds, whether

through grants, membership dues, fees, or any other payment. An exchange must be

conclusively presumed to be for fair market value, and does not constitute support by

public funds, when an organization or agency receives a benefit under any authorized

economic development program.

11. "Political subdivision" includes any county or city, regardless of the adoption of any

home rule charter, and any airport authority, township, school district, park district, rural

fire protection district, water resource district, solid waste management authority, rural

ambulance service district, irrigation district, hospital district, soil conservation district,

recreation service district, railroad authority, or district health unit.

12. "Public business" means all matters that relate or may foreseeably relate in any way

to:

a. The performance of the public entity's governmental functions, including any

matter over which the public entity has supervision, control, jurisdiction, or

advisory power; or

b. The public entity's use of public funds.

13. "Public entity" means all:

a. Public or governmental bodies, boards, bureaus, commissions, or agencies of the

state, including any entity created or recognized by the Constitution of North

Dakota, state statute, or executive order of the governor or any task force or

working group created by the individual in charge of a state agency or institution,

to exercise public authority or perform a governmental function;

b. Public or governmental bodies, boards, bureaus, commissions, or agencies of

any political subdivision of the state and any entity created or recognized by the

Constitution of North Dakota, state statute, executive order of the governor,

resolution, ordinance, rule, bylaw, or executive order of the chief executive

authority of a political subdivision of the state to exercise public authority or

perform a governmental function; and

c. Organizations or agencies supported in whole or in part by public funds, or

expending public funds.

14. "Public funds" means cash and other assets with more than minimal value received

from the state or any political subdivision of the state.

15. "Quorum" means one-half or more of the members of the governing body, or any

smaller number if sufficient for a governing body to transact business on behalf of the

public entity.

16. "Record" means recorded information of any kind, regardless of the physical form or

characteristic by which the information is stored, recorded, or reproduced, which is in

the possession or custody of a public entity or its agent and which has been received

or prepared for use in connection with public business or contains information relating

to public business. "Record" does not include unrecorded thought processes or mental

impressions, but does include preliminary drafts and working papers. "Record" also

does not include records in the possession of a court of this state.

17. "Sensitive image" means an image depicting an exposed intimate part, gruesome

injury, deceased individual, or a minor.

18. "Task force or working group" means a group of individuals who have been formally

appointed and delegated to meet as a group to assist, advise, or act on behalf of the

individual in charge of a state agency or institution when a majority of the members of

the group are not employees of the agency or institution.
N.D. Cent. Code § 44-04-18.25 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.25
44-04-18.25. Value of property paid or delivered to the administrator of the state abandoned property office - Exempt record
Status: in_force

44-04-18.25. Value of property paid or delivered to the administrator of the state

abandoned property office - Exempt record.

A record of the value of property paid or delivered to the administrator of the state

abandoned property office under section 47-30.2-21 is an exempt record.
N.D. Cent. Code § 44-04-33 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-33
44-04-33. Reservation of powers not granted to the federal government
Status: reserved

44-04-33. Reservation of powers not granted to the federal government

Pursuant to the tenth amendment to the Constitution of the United States, public officials

and employees in this state need not carry out or comply with an executive order of the

president of the United States, a regulation of a federal agency or department, or a federal

statute infringing on powers reserved to the several states.
N.D. Cent. Code § 44-10-06 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-06
44-10-06. Defendant's answer
Status: in_force

44-10-06. Defendant's answer

The defendant may answer the accusation either by objecting to the sufficiency thereof or of

any article therein, or by denying or admitting the truth of the same.
N.D. Cent. Code § 44-10-02 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-02
44-10-02. Accusation by grand jury - Causes for removal
Status: in_force

44-10-02. Accusation by grand jury - Causes for removal

An accusation in writing against any district, county, township, city, or municipal officer,

school board member, or any state officer not liable to impeachment, except a representative in

Congress and a member of the legislative assembly, for misconduct, malfeasance, crime, or

misdemeanor in office, or for habitual drunkenness or gross incompetency, may be presented

by the grand jury to the district court of the county in or for which the officer accused is elected

or appointed. When the proceedings are against a state officer not liable to impeachment, the

accusation may be presented by the grand jury of the county in which the officer resides or in

which the officer has an office for the transaction of official business.
N.D. Cent. Code § 44-03-01 — ND Code / Title 44 / Chapter 44-03 / Section 44-03-01
44-03-01. Deputies may be appointed by certain officers
Status: in_force

44-03-01. Deputies may be appointed by certain officers

The secretary of state, state auditor, state treasurer, insurance commissioner, agriculture

commissioner, commissioner of labor, district assessor, and city assessor each may appoint a

deputy. The appointment must be in writing and is revocable in writing at the pleasure of the

principal, and the appointment and revocation must be filed as the oath of the principal is filed.
N.D. Cent. Code § 44-06.1-02 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-02
44-06.1-02. Applicability
Status: in_force

44-06.1-02. Applicability

The provisions of this chapter apply to notarial acts performed on or after the effective date

of this chapter.
N.D. Cent. Code § 44-01-15 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-15
44-01-15. Political subdivisions authorized to carry liability insurance - Defense of governmental immunity not available to insurers
Status: repealed

44-01-15. Political subdivisions authorized to carry liability insurance - Defense of

governmental immunity not available to insurers.

Repealed by omission from this code.
N.D. Cent. Code § 44-06.1-09 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-09
44-06.1-09. Notarial act in this state
Status: in_force

44-06.1-09. Notarial act in this state

1. A notarial act may be performed in this state by the following individuals:

a. A notary public of this state;

b. A judge, clerk, or deputy clerk of any court of this state; or

c. Any other individual authorized to perform the specific act by the law of this state.

2. The signature and title of an individual performing a notarial act in this state are

prima facie evidence that the signature is genuine and that the individual holds the

designated title.

3. The signature and title of a notarial officer described in subdivision a or b of

subsection 1 conclusively establish the authority of the officer to perform the notarial

act.

4. A notarial act performed in this state by a notarial officer of a bordering state has the

same effect as if the act were performed by a notarial officer of this state, if the

bordering state grants notarial officers of this state similar authority within that state.
N.D. Cent. Code § 44-08-06.1 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-06.1
44-08-06.1. Validation - Certificates of acknowledgment
Status: in_force

44-08-06.1. Validation - Certificates of acknowledgment

All certificates of acknowledgment by notaries public on all documents filed for record with a

recorder in the state, notwithstanding any defects or irregularities with the notary seal, are

hereby validated, ratified, approved, and confirmed. Notwithstanding section 44-08-06, all seals

of a court or officer of this state are binding, legal, and enforceable. The provisions of this

section relating to validation of acknowledgments are applicable to all documents filed with any

county recorder in the state after July 1, 1987.
N.D. Cent. Code § 44-06.1-08 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-08
44-06.1-08. Signature if individual unable to sign
Status: in_force

44-06.1-08. Signature if individual unable to sign

If an individual is physically unable to sign a record, the individual may direct an individual

other than the notarial officer to sign the individual's name on the record. The notarial officer

shall insert "Signature affixed by (insert name of other individual) at the direction of (insert name

of individual)" or words of similar import.
N.D. Cent. Code § 44-10-19 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-19
44-10-19. Jury called on request
Status: in_force

44-10-19. Jury called on request

If a jury is required as provided in section 44-10-18, the court forthwith, in a summary

manner, must cause a jury to be impaneled and the matter submitted to it. Challenges must be

allowed and the trial conducted in the same manner as a trial by jury in a civil action.
N.D. Cent. Code § 44-02-03.1 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-03.1
44-02-03.1. Vacancy in legislative assembly
Status: in_force

44-02-03.1. Vacancy in legislative assembly

1. If a vacancy in the office of a member of the legislative assembly occurs, the secretary

of state shall notify the chairman of the legislative management of the vacancy. The

secretary of state need not notify the chairman of the legislative management of the

resignation of a member of the legislative assembly when the resignation was made

under section 44-02-02.

2. Upon receiving notification of a vacancy, the chairman of the legislative management

shall notify the district committee of the political party the former member represented,

or the member-elect or deceased or disqualified candidate would have represented, in

the district in which the vacancy exists. The district committee shall hold a meeting

within twenty-one days after receiving the notification and select an individual to fill the

vacancy. If the former member, member-elect, or deceased or disqualified candidate

was elected as an independent candidate or if the district committee does not make an

appointment within twenty-one days after receiving the notice from the chairman of the

legislative management, the chairman of the legislative management shall appoint a

resident of the district to fill the vacancy.

3. If a vacancy occurs because a member-elect died or became disqualified, or a

candidate who died or became disqualified received a sufficient number of votes to be

elected except for the death or disqualification, the term of an individual appointed to

fill the vacancy begins on the first day of December of the year in which the vacancy

occurs.

4. Except as provided in subsection 6:

a. If the office with the vacancy would not have been placed on the next general

election ballot after the vacancy occurs had the member, member-elect, or

candidate whose death, disqualification, or resignation created the vacancy been

able and qualified to fulfill the term, the individual appointed to fill the vacancy

shall serve until a successor is elected at and qualified following the next general

election that is at least ninety-four days after the vacancy occurs.

b. If the office with the vacancy would have been placed on the next general

election ballot after the vacancy occurs had the member, member-elect, or

candidate whose death, disqualification, or resignation created the vacancy been

able and qualified to fulfill the term and:

(1) The next general election is scheduled to take place less than ninety-four

days after the vacancy occurs:

(a) The individual appointed to fill the vacancy shall serve until a

successor is elected at and qualified following the next general

election that is at least ninety-four days after the vacancy occurs; and

(b) The elected successor shall serve through November thirtieth of the

following even-numbered year.

(2) The next general election is scheduled to take place at least ninety-four

days after the vacancy occurs, the individual appointed shall serve until a

successor is elected at and qualified following the next general election.

5. If a special election to fill the vacancy is called by the governor according to

subsection 6, the individual elected at the special election shall serve for the remainder

of the term of office which would have been served by the individual whose death,

disqualification, or resignation created the vacancy.

6. The qualified electors of a legislative district in which a vacancy in the office of a

member of the legislative assembly occurs due to the death, disqualification, or

resignation of a member of the legislative assembly during the member's term of office

may petition for a special election to be called by the governor to fill the vacancy. The

petition must include the signatures of qualified electors equal in number to at least

four percent of the resident population of the legislative district as determined by the

last federal decennial census and must be presented to the secretary of state within

thirty days following an appointment being made according to subsection 2. If the

secretary of state determines the petition contains the required number of signatures

of qualified electors of the affected legislative district, the secretary of state shall notify

the governor that a special election is required to be called to fill the vacancy. Upon

receiving the notice, the governor shall issue a writ of election directed to the secretary

of state commanding the secretary of state to hold a special election to fill the vacancy

at a time designated by the governor. A special election under this section must

conform to the applicable election deadlines found in title 16.1 and may be called to

coincide with a regularly scheduled primary or general election provided the special

election is called by the fifteenth day before the deadline for candidates to file for office

before a regularly scheduled primary or general election. A special election under this

section may not be scheduled to occur during the time from a general election through

eighty days following the adjournment of the next ensuing regular session of the

legislative assembly.

7. The secretary of state must be notified of an appointment made by a district committee

or the chairman of the legislative management according to this section. Upon

notification, the secretary of state shall issue the appointee a certificate of appointment

and an oath of office for the appointee to complete and file with the secretary of state.

8. For purposes of addressing vacancies in offices of members of the legislative

assembly, an individual is disqualified for an office if the individual fails to meet the

qualifications under law for the office.
N.D. Cent. Code § 44-01-01 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-01
44-01-01. Eligibility to office
Status: in_force

44-01-01. Eligibility to office

Every elector is eligible to the office for which that person is an elector, except when

otherwise specially provided. No person is eligible who is not such an elector.
N.D. Cent. Code § 44-03-03 — ND Code / Title 44 / Chapter 44-03 / Section 44-03-03
44-03-03. Oath of deputy
Status: in_force

44-03-03. Oath of deputy

Each deputy shall take and subscribe the same oath as the deputy's principal, naming the

deputyship, which must be endorsed upon and filed with the deputy's certificate of appointment.
N.D. Cent. Code § 44-06.1-16 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-16
44-06.1-16. Stamping device
Status: in_force

44-06.1-16. Stamping device

1. The secretary of state, upon receipt of the proper fee, oath, and bond, shall issue a

certificate of authorization with which the notary public may obtain an official notary

stamping device. A notary stamp vendor may provide a notary with an official stamping

device only upon presentation by the notary of a certificate of authorization. The notary

public shall place an impression of the notary's stamp on the certificate of authorization

and return the certificate of authorization to the secretary of state. After the certificate

of authorization is received, approved, and filed, the secretary of state shall issue a

notary commission that authorizes the notary to commence the duties of the office of

notary public. A notary being commissioned must obtain a stamping device approved

by the secretary of state which must be designed to leave a clear impression, be

photographically reproducible, include the words "State of North Dakota" and "Notary

Public", contain the name and commission expiration date of the notary public exactly

as shown on the notary's commission, and which may not contain any other words,

numbers, symbols, or a reproduction of the great seal of the state. All notary stamps

must be surrounded by a border and, except as otherwise permitted by the secretary

of state, may be up to or equal to one and five-eighths inch [41.28 millimeters] in

diameter or if of a rectangular design, may be up to or equal to seven-eighths inch

[22.23 millimeters] vertically by two and five-eighths inches [66.68 millimeters]

horizontally.

2. A notary public is responsible for the security of the notary public's stamping device

and may not allow another individual to use the device to perform a notarial act. On

resignation from, or the revocation or expiration of, the notary public's commission, or

on the expiration of the date set forth in the stamping device, if any, the notary public

shall disable the stamping device by destroying, defacing, damaging, erasing, or

securing it against use in a manner that renders it unusable. On the death or

adjudication of incompetency of a notary public, the notary public's personal

representative or guardian or any other individual knowingly in possession of the

stamping device shall render it unusable by destroying, defacing, damaging, erasing,

or securing it against use in a manner that renders it unusable.

3. If a notary public's stamping device is lost or stolen, the notary public or the notary

public's personal representative or guardian shall notify promptly the secretary of state

on discovering that the device is lost or stolen.

4. An official stamping device is the property of the notary only and may not be retained

or used by any other person, including an employer of a notary even if the employer

purchased or paid for the notary's stamping device. An official stamping device must

remain in the direct and exclusive control of the notary at all times during a notary’s

commission.
N.D. Cent. Code § 44-08-14 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-14
44-08-14. Use of facsimile seal
Status: in_force

44-08-14. Use of facsimile seal

When the seal of this state or any of its departments, agencies, public bodies, or other

instrumentalities or of any of its political subdivisions is required in the execution of a public

security or instrument of payment, the authorized officer may cause the seal to be printed,

engraved, stamped, or otherwise placed in facsimile thereon. The facsimile seal has the same

legal effect as the impression of the seal.
N.D. Cent. Code § 44-04-18.27 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.27
44-04-18.27. Applications for public employment - Hiring process - Confidential records and open records
Status: in_force

44-04-18.27. Applications for public employment - Hiring process - Confidential

records and open records.

If a public entity or any person delegated authority by a public entity to review applications

or make hiring decisions receives applications from three or more applicants who meet the

minimum qualifications for a vacant position, the public entity or other person shall designate

three or more of the qualified applicants as finalists for further consideration before the public

entity or other person may issue an offer of employment to fill the position. However, if the public

entity or other person does not wish to consider any of the applications further and decides not

to make an offer of employment for the vacant position, the public entity need not designate any

finalist. The applications and any records related to the applications which contain information

that could reasonably be used to identify an applicant are exempt. Once the finalists are

designated, the applications and related records of the finalists are open to the public. The

public entity or other person reviewing applications on behalf of the public entity shall comply

with all requirements for an executive session to discuss exempt applications. If, by the close of

the application period for a vacant position, a public entity receives applications from fewer than

three applicants who meet the minimum qualifications, the applications and records related to

the applications are open to the public. A public entity may adopt policies regarding the release

of exempt records under this section.
N.D. Cent. Code § 44-08-01 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-01
44-08-01. Competitive purchasing required
Status: in_force

44-08-01. Competitive purchasing required

The office of management and budget, any other state entity, and the governing body

of any political subdivision of the state in specifying or purchasing any goods,

merchandise, supplies, or equipment, may not specify any trademarked or copyrighted

brand or name, nor the product of any one manufacturer, nor any patented product,

apparatus, device, or equipment, when the same will prevent proper competition,

unless bidders also are asked for bids or offers upon other articles of like nature, utility,

and merit. When it is advantageous that the purchase be of a particular brand of

product or products of a particular manufacturer to the exclusion of competitive brands

or manufacturers, the purchasing board or entity must document those circumstances

and provide written justification for the proprietary specification or purchase. The

purchasing board or entity shall procure the proprietary product through a competitive

process unless the needed product is available exclusively from one source of supply

or other circumstances exist under which competition can be waived.
N.D. Cent. Code § 44-06.1-24 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-24
44-06.1-24. Validity of notarial acts
Status: in_force

44-06.1-24. Validity of notarial acts

Except as otherwise provided in this chapter, the failure of a notarial officer to perform the

duties or meet the requirements specified in this chapter does not invalidate a notarial act

performed by the notarial officer. The validity of a notarial act under this chapter does not

prevent an aggrieved person from seeking to invalidate the record or transaction that is the

subject of the notarial act or from seeking other remedies based on other laws of this state or

law of the United States. This section does not validate a purported notarial act performed by an

individual who does not have the authority to perform the act.
N.D. Cent. Code § 44-04-18.14 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.14
44-04-18.14. Information provided to the followup information on North Dakota education and training system
Status: repealed

44-04-18.14. Information provided to the followup information on North Dakota

education and training system.

Repealed by S.L. 2011, ch. 127, § 6.
N.D. Cent. Code § 44-11-02 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-02
44-11-02. Charges - How made - By whom prosecuted
Status: in_force

44-11-02. Charges - How made - By whom prosecuted

1. The petition against any official authorized to be removed by the governor must be

entitled in the name of this state and must be filed with the attorney general.

2. The charges against any official, other than a school board member, may be made

upon the petition of fifty qualified electors of the county in which the person charged is

an officer, or upon the petition of ten percent of the qualified electors voting at the

preceding general election for the office of governor in that political subdivision or

district in which the person charged is an officer, whichever is least, or by the state's

attorney of such county.

3. The charges against a school board member must be made upon a petition containing

the signatures of qualified electors of the school district equal in number to twenty

percent of the number of persons enumerated in the school census for that district for

the most recent year such census was taken, unless such census is greater than four

thousand in which case only fifteen percent of the number of persons enumerated in

the school census are required. However, not fewer than twenty-five signatures are

required unless the district has fewer than twenty-five qualified electors, in which case

the petition must be signed by not less than twenty-five percent of the qualified

electors of the district. In those districts with fewer than twenty-five qualified electors,

the number of qualified electors in the district must be determined by the county

superintendent for such county in which such school is located.

4. When the petition is filed, the attorney general shall conduct an investigation within

thirty days. Upon completion of the investigation, the attorney general shall make a

recommendation to the governor whether a removal proceeding should be conducted

by a special commissioner, and if so, whether the accused officer should be

suspended during the pendency of the proceeding.

5. Upon receipt of the recommendation of the attorney general, the governor shall

determine whether to proceed with the appointment of a special commissioner. If the

governor decides not to appoint a special commissioner, the governor shall notify the

individuals who filed the petition and summarize the reasons for the decision. If the

governor decides to appoint a special commissioner, the governor shall request that a

prosecutor draft and serve the official complaint against the officer.

a. When the officer sought to be removed is other than the state's attorney, the

state's attorney for the county involved or in which the political subdivision or

office is located, upon request of the governor, shall appear and prosecute. Upon

approval of the governor, the state's attorney may contract with a state's attorney

from another county or other competent attorney, or request the attorney general

to prosecute the proceedings.

b. When proceedings are brought to remove the state's attorney, the attorney

general shall appear on behalf of the state and prosecute such proceedings.

Upon approval of the governor, the attorney general may contract with a state's

attorney or other competent attorney.
N.D. Cent. Code § 44-06.1-03 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-03
44-06.1-03. Authority to perform notarial acts
Status: in_force

44-06.1-03. Authority to perform notarial acts

1. A notarial officer may perform notarial acts authorized by this chapter or by other law of

this state.

2. A notarial officer may certify a tangible copy of an electronic record is an accurate copy

of the electronic record. The prohibition under subdivision b of subsection 7 of section

44-06.1-23 does not apply to a tangible copy certified under this subsection.
N.D. Cent. Code § 44-09-08 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-08
44-09-08. Impeachment suspends officer
Status: in_force

44-09-08. Impeachment suspends officer

No officer may exercise the duties of that office after the officer has been impeached and

before acquittal. Whenever upon the impeachment of an officer there is no one authorized by

law to perform the duties of the office and the senate shall by resolution declare that the public

service may suffer by reason thereof, the governor shall designate some suitable person to

perform the duties of the office until the end of the trial upon the articles of impeachment. The

person so designated shall receive the same salary, fees, and emoluments as such officer

would receive if not impeached. If the accused is acquitted, the accused must be restored

immediately to the office but if convicted, the office must be deemed vacant and must be filled

immediately as provided by law.
N.D. Cent. Code § 44-09-20 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-20
44-09-20. Upon conviction judgment entered by resolution
Status: in_force

44-09-20. Upon conviction judgment entered by resolution

If the accused is convicted, the senate, at such time as it may appoint, must pronounce

judgment in the form of a resolution entered upon the journal of the senate.
N.D. Cent. Code § 44-02-04 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-04
44-02-04. Vacancy in county office - Appointment
Status: in_force

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, with the exception that if a vacancy has occurred in the office of

state's attorney by reason of removal under section 44-11-01, the appointment must be made by

the board of county commissioners by and with the advice and consent of the governor. The

board of county commissioners may declare a county office to be vacant whenever the

officeholder is unable to perform the duties of the office for six months or more. However, if

within one year the officeholder should become able to perform the officeholder's duties, the

county commissioners may, for good cause shown, reinstate the officeholder.
N.D. Cent. Code § 44-10-21 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-21
44-10-21. Proceedings do not bar criminal prosecution
Status: in_force

44-10-21. Proceedings do not bar criminal prosecution

Nothing contained in this chapter may be construed to prevent any officer from being

proceeded against for a crime or public offense in the manner which may be provided by law for

proceeding against any other person accused of a crime or public offense, nor to limit the power

of the court to remove such officer from office, upon conviction, when authorized by law to do

so.
N.D. Cent. Code § 44-04-13 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-13
44-04-13. Property delivered to successor
Status: in_force

44-04-13. Property delivered to successor

Upon the death, resignation, suspension, or removal from office of any officer, all books and

papers belonging to the office, and all moneys and property in the officer's hands, must be

delivered to the officer's successor.
N.D. Cent. Code § 44-05-03 — ND Code / Title 44 / Chapter 44-05 / Section 44-05-03
44-05-03. Fee for taking acknowledgment and administering an oath
Status: in_force

44-05-03. Fee for taking acknowledgment and administering an oath

Any officer authorized by law to take and certify acknowledgment of a deed or other

instrument is entitled to charge and receive not more than five dollars.
N.D. Cent. Code § 44-08-06 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-06
44-08-06. Dimensions of seal of court or officer
Status: in_force

44-08-06. Dimensions of seal of court or officer

Except as otherwise provided by law relating to notary stamps, upon every seal of a court or

officer of this state required or authorized to have a seal, there must be engraved the words

"State of North Dakota" and the name of the court or office in which the seal is to be used. All

such seals, except the great seal, must be surrounded by a border, and be either one and

five-eighths inch [41.28 millimeters] in diameter or if of a rectangular design, may be up to or

equal to seven-eighths inch [22.23 millimeters] vertically by two and five-eighths inches

[66.68 millimeters] horizontally.
N.D. Cent. Code § 44-09-05 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-05
44-09-05. Day for hearing - Notice to accused
Status: in_force

44-09-05. Day for hearing - Notice to accused

The senate, whenever articles of impeachment are presented to it by or on behalf of the

house of representatives, must assign a day for the hearing of the impeachment and inform the

house thereof. The day so assigned may not be earlier in the session than that at which the

completion of the business of the legislative assembly may be effected. All steps and

preparations necessary may be taken and made from time to time during the session to enable

the trial to begin immediately upon the completion of the business of the legislative assembly.

The president of the senate or other person presiding therein must cause a copy of the articles

of impeachment with a notice to answer the same, at the time and place appointed, to be served

upon the accused not less than twenty days before the day set for the trial.
N.D. Cent. Code § 44-08-22 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-22
44-08-22. Purchase of flags of the United States
Status: in_force

44-08-22. Purchase of flags of the United States

A state entity or any political subdivision of this state may not purchase a flag of the United

States of America unless the flag was manufactured in the United States of America. This

section does not apply to the purchase of an item that is not a flag but which portrays a likeness

of a flag of the United States of America, such as food, clothing, a lapel pin, a paper product, or

other non-flag item.
N.D. Cent. Code § 44-02-05 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-05
44-02-05. Vacancy in board of county commissioners - How filled
Status: in_force

44-02-05. Vacancy in board of county commissioners - How filled

When a vacancy occurs in the board of county commissioners, the remaining members of

the board immediately shall appoint some suitable person to fill the vacancy from the district in

which the vacancy occurred. If a majority of the officers fails to agree upon a person to fill the

vacancy, the county treasurer or, if the county does not have an elected treasurer, another

elective county officer must be called in and shall act as an additional member of the board to fill

the vacancy. The appointee holds office until the appointee's successor is elected at the next

general election that occurs at least ninety-five days after the vacancy and the successor has

qualified.
N.D. Cent. Code § 44-06.1-25 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-25
44-06.1-25. Rules
Status: in_force

44-06.1-25. Rules

The secretary of state may adopt rules to implement the provisions of this chapter. Rules

adopted regarding the performance of notarial acts with respect to electronic records may not

require, or accord greater legal status or effect to, the implementation or application of a specific

technology or technical specification. The rules may include:

1. Provisions prescribing the manner of performing notarial acts regarding tangible and

electronic records.

2. Provisions to ensure that any change to or tampering with a record bearing a

certificate of a notarial act is self-evident.

3. Provisions to ensure integrity in the creation, transmittal, storage, or authentication of

electronic records or signatures.
N.D. Cent. Code § 44-04-18.12 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.12
44-04-18.12. Cooperative investigations and litigation
Status: in_force

44-04-18.12. Cooperative investigations and litigation

A record acquired by the office of attorney general from a governmental agency or a

nonpublic entity is exempt if the attorney general determines:

1. The record is necessary to monitor or enforce compliance with a law or order or to

further a civil investigation or litigation by the state;

2. The record is treated as confidential or privileged by the provider of the records; and

3. The provider of the records has not agreed to waive the privilege relating to or

confidentiality of the record.
N.D. Cent. Code § 44-01-07 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-07
44-01-07. Officers to account for moneys collected
Status: in_force

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.
N.D. Cent. Code § 44-04-18.2 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.2
44-04-18.2. Certain economic development records exempt from disclosure
Status: repealed

44-04-18.2. Certain economic development records exempt from disclosure

Repealed by S.L. 1997, ch. 381, § 23.
N.D. Cent. Code § 44-10-03 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-03
44-10-03. Form of accusation
Status: in_force

44-10-03. Form of accusation

The accusation must state the offense charged in ordinary and concise language without

repetition and in such manner as to enable a person of common understanding to know what is

intended.
N.D. Cent. Code § 44-08-08 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-08
44-08-08. Per diem oath - Penalty
Status: repealed

44-08-08. Per diem oath - Penalty

Repealed by S.L. 2003, ch. 388, § 5.
N.D. Cent. Code § 44-11-11 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-11
44-11-11. Oath of commissioner - Contents - Filing
Status: in_force

44-11-11. Oath of commissioner - Contents - Filing

When a special commissioner has been appointed as provided in this chapter, the

commissioner forthwith shall take an oath and shall file the same with the governor that:

1. The commissioner, impartially and to the best of the commissioner's knowledge and

ability, without fear, favor, or prejudice, will hear and cause to be taken all the

testimony and evidence offered and received at the hearing for and in behalf of the

prosecution and accused, together with all papers and other exhibits offered by either

party, and carefully will preserve the same.

2. The commissioner will cause all of the oral testimony offered and received at the

hearing to be available to be transcribed at the request of the governor, and as

speedily as may be after the hearing will prepare a report of the proceedings,

summary of testimony, findings of fact, and complete record of all evidence and

testimony, including all exhibits offered and received at said hearing by either party,

and will cause the same to be filed with the governor.
N.D. Cent. Code § 44-11-10 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-10
44-11-10. Fees of special commissioner - Stenographer - Witnesses
Status: in_force

44-11-10. Fees of special commissioner - Stenographer - Witnesses

The fees of the special commissioner provided for by this chapter must be two hundred

dollars per day, and in addition thereto, the special commissioner shall receive mileage from the

commissioner's residence to the place of trial the same as is allowed by law to sheriffs. The

special commissioner may employ a stenographer and pay the expenses of the stenographer.

Such expenses must be itemized by the commissioner and filed with the commissioner's report

and findings and audited and allowed by the governor. Witnesses giving testimony before such

commissioner, the number to be limited by the commissioner, must be allowed the same fees as

witnesses in district court. In proceedings to remove a county officer, such fees must be paid by

the county upon allowance by the board of county commissioners in the same manner as other

claims against the county, and if a municipal or township officer, then by the city council, board

of city commissioners, or board of township supervisors, in the same manner as other claims

against the municipality are paid.
N.D. Cent. Code § 44-04-27 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-27
44-04-27. Computer passwords and security information - Confidential
Status: in_force

44-04-27. Computer passwords and security information - Confidential

Security codes, passwords, combinations, or security-related plans used to protect

electronic information or to prevent access to computers, computer systems, or computer or

telecommunications networks of a public entity are confidential.
N.D. Cent. Code § 44-08-03 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-03
44-08-03. Traveling expenses - What allowed
Status: in_force

44-08-03. Traveling expenses - What allowed

No elective or appointive officer, employee, representative, or agent of this state, or of any

of its subdivisions, agencies, bureaus, boards, or commissions, may willfully make claim upon,

or willfully receive, any public funds for traveling expenses, while engaged upon public

business, in an amount in excess of that allowed by law for such travel. If more than one public

officer, employee, representative, or agent travels in the same car while engaged upon official

duty, whether belonging to different departments, subdivisions, boards, or commissions or not,

no claim may be made for more than one mileage, such claim to be made by the owner or

lessee of such car.
N.D. Cent. Code § 44-04-20.1 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-20.1
44-04-20.1. Public comment - Regular meetings of a public entity
Status: in_force

44-04-20.1. Public comment - Regular meetings of a public entity

1. Every regular meeting of a governing body of a city, county, township, school district,

park district, or water resource district must include an opportunity for an individual to

provide public comment.

2. An individual providing comment at a meeting shall provide to the governing body in

writing the individual's name and address. The individual's address is an exempt

record.

3. A governing body of a city, county, township, school district, park district, or water

resource district:

a. May limit a public comment only as follows, except as provided in subdivision b:

(1) By time per speaker, total time for public comment, or both.

(2) By agenda topic, to the agendas of the current and at least one preceding

meeting.

b. Shall develop a policy regarding public comment rules for regular meetings. The

policy may provide a public comment:

(1) Must be pertinent to the public entity.

(2) May not interfere with the orderly conduct of the regular meeting.

(3) May not be defamatory, abusive, harassing, or unlawful.

(4) May be prohibited if an alternative procedure exists to bring that particular

type of public comment before the public entity, the public comment includes

confidential or exempt information, or the public comment is otherwise

prohibited by law.
N.D. Cent. Code § 44-04-05 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-05
44-04-05. Certified copies of papers on alien convicted of felony - Request by United States immigration officer
Status: in_force

44-04-05. Certified copies of papers on alien convicted of felony - Request by United

States immigration officer.

Upon the official request of the United States immigration officer in charge of the territory or

district in which is located any court committing an alien, for the commission of a felony, to any

state institution supported wholly or in part by public funds, the clerk of such court shall furnish,

without charge, a certified copy of the complaint, information, or indictment, and the judgment

and sentence, and any other record pertaining to the case of the convicted alien.
N.D. Cent. Code § 44-04-19 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-19
44-04-19. Access to public meetings
Status: in_force

44-04-19. Access to public meetings

Except as otherwise specifically provided by law, all meetings of a public entity must be

open to the public. That portion of a meeting of the governing body of a public entity as defined

in subdivision c of subsection 13 of section 44-04-17.1 which does not regard public business is

not required to be open under this section.

1. This section is violated when any person is denied access to a meeting under this

section, unless such refusal, implicitly or explicitly communicated, is due to a lack of

physical space in the meeting room for the persons seeking access or lack of

electronic capacity to allow public viewing of the meeting through electronic means.

2. For purposes of this section, if the meeting is held in person, the meeting room must

be accessible to, and the size of the room must accommodate, the number of persons

reasonably expected to attend the meeting. If the meeting is held by electronic means,

the electronic capacity must accommodate the number of persons reasonably

expected to attend the meeting remotely.

3. The right of a person to attend a meeting under this section includes the right to

photograph, to record on audiotape or videotape, and to broadcast live on radio or

television the portion of the meeting that is not held in executive session, provided

there is no active interference with the conduct of the meeting. The exercise of this

right may not be dependent upon the prior approval of the governing body. However,

the governing body may impose reasonable limitations on recording activity to

minimize the possibility of disruption of the meeting.

4. For meetings subject to this section, if the meeting is held through any electronic

means, the information necessary to join or view the meeting electronically must be

included in the notice issued under section 44-04-20.
N.D. Cent. Code § 44-04-18.16 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.16
44-04-18.16. Confidentiality of patient records at student health services and university system clinics
Status: in_force

44-04-18.16. Confidentiality of patient records at student health services and

university system clinics.

Any patient record of a patient at a state college or university student health service,

university of North Dakota medical center or family practice center, or other university system

medical center or clinic is confidential.
N.D. Cent. Code § 44-04-11 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-11
44-04-11. Offices to be kept where required by law - Penalty for violation
Status: repealed

44-04-11. Offices to be kept where required by law - Penalty for violation

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 44-09-12 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-12
44-09-12. Objections to the articles - Procedure
Status: in_force

44-09-12. Objections to the articles - Procedure

If the accused makes objections to the sufficiency of the articles of impeachment and such

objections are sustained by a majority of the members of the senate, the decision must be

entered on the journal and no further proceedings may be had upon the articles. If such

objections are not sustained by a majority of the members of the senate, the accused must be

ordered forthwith to answer the articles.
N.D. Cent. Code § 44-02-08 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-08
44-02-08. Appointment to be made in writing - Term
Status: in_force

44-02-08. Appointment to be made in writing - Term

Any appointment to fill a vacancy under this chapter must be made in writing, and, except

as otherwise expressly provided by law, continues in force until the first general election that

occurs at least ninety-five days after the vacancy, when the vacancy will be filled by election,

and thereafter until the appointee's successor by election is qualified.
N.D. Cent. Code § 44-04-29 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-29
44-04-29. Client files at the university of North Dakota school of law - Confidential
Status: in_force

44-04-29. Client files at the university of North Dakota school of law - Confidential

Information in the files of private clients receiving legal services through the clinical

education program of the university of North Dakota school of law is confidential unless the

information has been requested and is properly obtainable through applicable discovery rules.
N.D. Cent. Code § 44-04-18.3 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.3
44-04-18.3. Records of juvenile court supervisors and probation officers and law enforcement and correctional employees - Law enforcement work schedules - Confidential informants
Status: in_force

44-04-18.3. Records of juvenile court supervisors and probation officers and law

enforcement and correctional employees - Law enforcement work schedules -

Confidential informants.

1. Except as provided in subsection 5, a telephone number and the home address of a

prosecutor, justice of the United States, federal judge, magistrate judge, supreme court

justice, district court judge, judicial referee, juvenile court director or probation officer,

an employee of a law enforcement agency, employee of a state or local correctional

facility, and an employee of the department of corrections and rehabilitation are

confidential. Information contained in a personnel record of an employee of the

department of corrections and rehabilitation may not be disclosed to an inmate in the

legal custody of the department of corrections and rehabilitation confined in a jail,

prison, or other correctional facility unless authorized by the director of the department

of corrections and rehabilitation. Information contained in a personnel record of a law

enforcement officer of a state or local law enforcement agency or in the personnel

record of a correctional employee of a correctional facility subject to chapter 12-44.1

may not be disclosed to an inmate confined in a state correctional facility or

correctional facility subject to chapter 12-44.1 unless authorized by the employing

agency.

2. Records or other information that would reveal the identity, or endanger the life or

physical well-being, of an undercover law enforcement officer is confidential. For

purposes of this subsection, an "undercover law enforcement officer" means a

full-time, salaried employee of a local or state law enforcement agency who acts

surreptitiously or poses as someone other than a law enforcement officer while

engaging in the investigation of a violation of law.

3. Any record containing the work schedule of employees of a law enforcement agency

or the department of corrections and rehabilitation is exempt.

4. A law enforcement officer or prosecutor, within the scope of the employment of the

officer or prosecutor, may provide assurances of confidentiality to a person providing

information regarding violations of the law. Any information that would identify or

provide a means of identifying a confidential informant, if the identity of the informant is

not otherwise publicly known, is confidential and may be disclosed only as permitted

by law.

5. A home address of an individual in subsection 1 which is included in a geographic

information system, a property title record, or tax parcel data is confidential only if an

individual in subsection 1 or the individual's employer submits a written request to the

custodian of the records. The request will remain confidential for the remainder of a

calendar year and must be renewed annually.
N.D. Cent. Code § 44-04-18.15 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.15
44-04-18.15. Fundraising and donor records exempt
Status: in_force

44-04-18.15. Fundraising and donor records exempt

1. Any private donor or prospective donor name, address, telephone number, electronic

mail address, estate planning information, tax record or financial information, or other

personal information or correspondence received or retained by a board of higher

education or university system officer or employee or by an affiliated nonprofit

organization that provides support to and is organized and operated for the benefit of

an institution under the authority of the board of higher education is exempt.

2. Any private donor or prospective donor name, address, telephone number, electronic

mail address, estate planning information, tax record or financial information, or other

personal information or correspondence received or retained by a nonprofit

organization that is a public entity is exempt.

3. For the purposes of this section, "financial information" includes data that provides

details regarding a gift, a payment schedule of a gift, the form of a gift, or the specific

amount of a gift made by a donor.
N.D. Cent. Code § 44-01-12 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-12
44-01-12. Bonds construed to cover all duties
Status: in_force

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.
N.D. Cent. Code § 44-08-16 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-16
44-08-16. Definition of law enforcement officer
Status: in_force

44-08-16. Definition of law enforcement officer

As used in section 44-08-17, "law enforcement officer" means any sheriff, sheriff's deputy,

police chief, policeman, fireman, and any investigator or detective employed by a political

subdivision on a salaried basis to perform police duties.
N.D. Cent. Code § 44-04-18.11 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.11
44-04-18.11. Disclosure pursuant to subpoena or order
Status: in_force

44-04-18.11. Disclosure pursuant to subpoena or order

1. Unless disclosure under a court order is otherwise prohibited or limited by law, closed

records must be disclosed pursuant to a subpoena issued by a court, administrative

law judge, or administrative hearing officer, or other court order.

2. Unless disclosure under a court order is otherwise prohibited or limited by law,

confidential records must be disclosed pursuant to a court order. Upon request of the

public entity ordered to make the disclosure, the court ordering the disclosure shall

issue a protective order to protect the confidential nature of the records.

3. Any person who discloses confidential records of a public entity under this section is

immune from prosecution for violating section 12.1-13-01.
N.D. Cent. Code § 44-09-06 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-06
44-09-06. Service of notice
Status: in_force

44-09-06. Service of notice

The service must be made upon the accused personally, or if upon diligent inquiry the

accused cannot be found within the state, the senate, upon proof of that fact, may order the

notice to be served by publication or otherwise in such manner as it may deem proper. The

notice as published must require the accused to appear at the specified time and place to

answer the articles of impeachment. When the notice to the accused is served by publication or

otherwise than personally within the state, the articles of impeachment may be served upon the

accused by mail or otherwise as the senate may deem proper.
N.D. Cent. Code § 44-06.1-18 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-18
44-06.1-18. Notification regarding performance of notarial acts on electronic record - Selection of technology - Acceptance of tangible copy of electronic record
Status: in_force

44-06.1-18. Notification regarding performance of notarial acts on electronic record -

Selection of technology - Acceptance of tangible copy of electronic record.

1. A notary public may select one or more tamper-evident technologies to perform

notarial acts with respect to electronic records. An individual may not require a notary

public to perform a notarial act with respect to an electronic record with a technology

that the notary public has not selected.

2. Before a notary public performs the notary public's initial notarial act with respect to an

electronic record, a notary public shall notify the secretary of state that the notary

public will be performing notarial acts with respect to electronic records and identify the

technology the notary public intends to use. If the secretary of state has established

standards for approval of technology pursuant to section 44-06.1-25, the technology

must conform to the standards. If the technology conforms to the standards, the

secretary of state shall approve the use of the technology.

3. A recorder shall accept for recording a tangible copy of an electronic record containing

a notarial certificate as satisfying any requirement that a record accepted for recording

be an original, if the notarial officer executing the notarial certificate certifies the

tangible copy is an accurate copy of the electronic record.
N.D. Cent. Code § 44-08-20.1 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-20.1
44-08-20.1. Law enforcement officer job application
Status: in_force

44-08-20.1. Law enforcement officer job application

Every applicant for a position as a law enforcement officer for any state or political

subdivision agency must be asked in any written application for that position whether that

applicant has ever pled or been found guilty of a felony including a felony charge that was later

dismissed under a deferred imposition of sentence.
N.D. Cent. Code § 44-11-08 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-08
44-11-08. Appeal - Notice and bond filed with clerk of district court
Status: in_force

44-11-08. Appeal - Notice and bond filed with clerk of district court

When the accused person so removed is aggrieved by the removal, the accused person is

entitled to appeal from the decision of removal made by the governor to the district court in any

other district of the state upon filing a notice in the office of the clerk of the district court, setting

forth the grounds of appeal, together with a bond in the sum of two hundred fifty dollars, which

must be for the payment of costs of such appeal in the event the action of the governor is

affirmed. Such bond must be approved as to form by the state's attorney of the county and as to

its sufficiency by the clerk of the district court. Such notice and bond must be filed within fifteen

days after the date of the order by the governor.
N.D. Cent. Code § 44-08-10 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-10
44-08-10. Provision "Buy North Dakota Products" - Public notices and printing
Status: repealed

44-08-10. Provision "Buy North Dakota Products" - Public notices and printing

Repealed by S.L. 1973, ch. 364, § 1.
N.D. Cent. Code § 44-01-14 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-14
44-01-14. Public officials prohibited from becoming sureties for other officers and employees
Status: in_force

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.
N.D. Cent. Code § 44-04-15 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-15
44-04-15. Examination of records of local officers - State's attorney to prosecute
Status: in_force

44-04-15. Examination of records of local officers - State's attorney to prosecute

At the end of the term of office of each city, township, or school district officer, the city

council or board of city commissioners, board of township supervisors, or school board, as the

case may be, shall examine the records of that officer's office in the manner provided by section

44-04-14 or shall employ a competent accountant to make such examination. Upon complaint of

irregularity by the proper board, the state's attorney shall prosecute as provided in section

44-04-03.
N.D. Cent. Code § 44-04-25 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-25
44-04-25. Public health and security plans - Exemption
Status: in_force

44-04-25. Public health and security plans - Exemption

Any plans and only those portions of the records, information, surveys, communications,

and consultations used to produce the plans relating to protection of the public or public officials

against threats of violence or other harm are exempt from the provisions of section 44-04-18

and section 6 of article XI of the Constitution of North Dakota.
N.D. Cent. Code § 44-04-06 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-06
44-04-06. Peace officers to report law violations
Status: in_force

44-04-06. Peace officers to report law violations

The state's attorney, assistant state's attorney, sheriff, deputy sheriff, or peace officer of any

county, township, city in this state, having any evidence, knowledge, or notice of any violation of

any laws of North Dakota shall investigate and seek evidence of the violation and the names of

witnesses by whom the violation may be proved. A peace officer shall report the information to

the state's attorney of the county in which the violation occurs and shall assist the state's

attorney in the prosecution of the violators of said laws.
N.D. Cent. Code § 44-09-18 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-18
44-09-18. Privileges of court - Imprisonment
Status: in_force

44-09-18. Privileges of court - Imprisonment

The senate, while sitting as a court of impeachment, has all the powers and privileges

conferred upon it by the constitution as a house of the legislative assembly or the laws passed

in pursuance thereof, but imprisonment may not extend beyond the dissolution of the court of

impeachment.
N.D. Cent. Code § 44-02-01 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-01
44-02-01. Vacancies - Causes thereof
Status: in_force

44-02-01. Vacancies - Causes thereof

An office becomes vacant if the incumbent shall:

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

consecutive days, except when prevented from discharging the duties by reason of the

person's service in the armed forces of the United States, by sickness, or by other

unavoidable cause. However, as to any office which under the law the vacancy must

be filled by the governor, the governor for good cause shown may extend the period,

which the incumbent may be absent, for an additional period of sixty days. No

remuneration on account of such office may be paid to an absentee officeholder during

that person's absence, and the office in all cases becomes vacant upon the

termination of the term for which the person was elected or appointed;

6. Fail to qualify as provided by law, which includes taking the designated oath of office

prescribed by law;

7. Cease to be a resident of the state, district, county, or other political subdivision in

which the duties of the office are to be discharged, or for which the person may have

been elected;

8. Be convicted of a felony or any offense involving moral turpitude or a violation of the

person's official oath;

9. Cease to possess any of the qualifications of office prescribed by law; or

10. Have the person's election or appointment declared void by a competent tribunal.
N.D. Cent. Code § 44-04-18.17 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.17
44-04-18.17. Personal and financial information in a consumer complaint
Status: in_force

44-04-18.17. Personal and financial information in a consumer complaint

Personal and financial information submitted to a state agency as part of a consumer

complaint, or gathered pursuant to an investigation of a consumer complaint, is an exempt

record as defined in subsection 5 of section 44-04-17.1. For purposes of this section, "personal

and financial information" means the home address, home telephone number, social security

number, consumer report, and credit, debit, or electronic fund transfer card number of the

complainant and any person on whose behalf the complaint is made, and any account number

of a business or individual at a bank, brokerage, or other financial institution. "Personal and

financial information" does not include the nature of the complaint, name of the complainant or

any person on whose behalf the complaint was submitted, or the address or telephone number

of the business that is the subject of the complaint.
N.D. Cent. Code § 44-08-04.4 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-04.4
44-08-04.4. Prepayment of travel expenses of state officers and employees
Status: in_force

44-08-04.4. Prepayment of travel expenses of state officers and employees

Any travel expense, including airline tickets and registration fees, that must be incurred

more than five weeks in advance of approved travel to meet necessary deadlines or to obtain

low rates, may be purchased by the state or any elected or appointed officer, employee,

representative, or agent of this state. No state entity may require an officer, employee,

representative, or agent of the state to pay these expenses.
N.D. Cent. Code § 44-06.1-27 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-27
44-06.1-27. Name change
Status: in_force

44-06.1-27. Name change

A notary who has legally changed the notary's name shall submit to the secretary of state a

rider to the notary's surety bond stating both the old and new names, the effective date of the

new name, and a ten dollar fee within sixty days of the name change. After notification to the

secretary of state of the name change and until a commission with the notary's new name is

received, the notary may continue to use the old stamping device but must sign any notarial

certificate substantially as follows:

_______________________________

Notary public North Dakota

Formerly known and commissioned as

_______________________________

My commission expires

Notary Seal

Upon receipt of the rider and fee, the secretary of state shall issue a certificate of

authorization that the notary public must use to obtain a new stamping device. The notary shall

place an impression of the notary's stamp on the certificate of authorization and return the

certificate of authorization to the secretary of state. After the authorization is on file, the

secretary of state shall issue a commission with the notary's new name.
N.D. Cent. Code § 44-05-02 — ND Code / Title 44 / Chapter 44-05 / Section 44-05-02
44-05-02. Person may affirm
Status: in_force

44-05-02. Person may affirm

A person conscientiously opposed to swearing may affirm and is subject to the penalties of

perjury as in case of swearing.
N.D. Cent. Code § 44-08-25 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-25
44-08-25. Prohibition - Sanctuary - Immigration - Void - Fund - Continuing appropriation
Status: in_force

44-08-25. Prohibition - Sanctuary - Immigration - Void - Fund - Continuing

appropriation.

1. Notwithstanding any other provision of law, the state, a political subdivision, or

institution of higher education under the supervision of the state board of higher

education or any agent or employee of the state, a political subdivision, or the

institution of higher education may not adopt or implement, whether formally or

informally, a sanctuary policy, including a policy, order, or ordinance that:

a. Limits or prohibits an individual from communicating or cooperating with federal

agencies or officials to verify or report the immigration status of an individual;

b. Grants a noncitizen unlawfully present in the United States the right to lawful

presence or status within the state, a political subdivision, or the institution of

higher education;

c. Violates a provision of chapter 1373 of United States Code title 8 [8 U.S.C. 1373];

d. Restricts or imposes a condition upon the cooperation or compliance of a state

agency, department, or office or political subdivision with United States

immigration and customs enforcement to maintain custody of or to transfer an

illegal alien to the custody of United States immigration and customs

enforcement; or

e. Prevents a law enforcement officer of a political subdivision from asking an

individual in custody the individual's citizenship or immigration status.

2. The attorney general, upon receiving a complaint from an individual regarding a

violation of this section, may investigate as necessary. If the attorney general finds a

political subdivision is in violation of this section, the attorney general shall issue an

opinion to the political subdivision, including findings of fact describing with specificity

the sanctuary policy.

3. Within thirty days of receiving an opinion under subsection 2, a political subdivision

may appeal the opinion to the district court or provide the attorney general with

evidence to demonstrate a sanctuary policy is no longer in effect.

4. If a political subdivision provides the attorney general with sufficient evidence to

demonstrate a sanctuary policy is no longer in effect, the attorney general shall:

a. Issue a second opinion to the political subdivision declaring the political

subdivision no longer has a sanctuary policy; and

b. If applicable, direct the state treasurer to cease withholding the political

subdivision's funding under subsection 5.

5. Within thirty days after the political subdivision receives an opinion under subsection 2,

the attorney general shall direct the state treasurer to withhold the political

subdivision's allocation from the state aid distribution fund under section 57-39.2-26.1

and deposit the withheld funds into the sanctuary compliance fund. Funds will be

distributed to the political subdivision upon compliance with this section as determined

by the attorney general.

6. There is created a special fund in the state treasury called the sanctuary compliance

fund. The fund consists of all moneys deposited under this section. Moneys in the fund

are appropriated on a continuing basis to the state treasurer and may be distributed

back to the political subdivision upon compliance with this section, or to political

subdivisions that are in compliance with this section, using existing formulas or

distribution methods.

7. Any policy, order, or ordinance adopted in violation of this section is void.
N.D. Cent. Code § 44-04-03 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-03
44-04-03. Attorney general and state's attorney to prosecute officer for failure to make report
Status: in_force

44-04-03. Attorney general and state's attorney to prosecute officer for failure to make

report.

Upon the willful neglect of any public officer to make any report required by law, the officer

or board to whom such report should be made promptly shall notify the attorney general or the

state's attorney of such failure to report. The attorney general or state's attorney shall

investigate the neglect of duty complained of, and, if in the opinion of the attorney general or

state's attorney, the officer has not a sufficient excuse for such failure, the attorney general or

state's attorney shall prosecute such officer.
N.D. Cent. Code § 44-08-18 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-18
44-08-18. Officials and employees of agencies located in capitol building responsible for keys issued to them - Return upon termination of employment - Agency head responsibility
Status: in_force

44-08-18. Officials and employees of agencies located in capitol building responsible

for keys issued to them - Return upon termination of employment - Agency head

responsibility.

Every elected and appointed state official and all state employees employed by or

administering any agency, department, board, commission, or other governmental organization

with offices located in the state capitol building are responsible for the safekeeping and return of

keys allowing entrance to any of such offices or to the capitol building proper. Each official or

employee shall, upon or prior to termination of employment in the state capitol, return any and

all keys which may have been issued to the official or employee by the highway patrol or by the

legislative council to the person in charge of such keys in the office or department in which the

official or employee was employed. The person in charge, or the person's designee, shall see to

the return of the keys to the highway patrol in a manner provided by rules and regulations which

must be promulgated by the highway patrol. Failure to return a key must be handled as provided

in section 54-06-15.
N.D. Cent. Code § 44-01-05.1 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-05.1
44-01-05.1. Failure to file oath
Status: in_force

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.
N.D. Cent. Code § 44-09-10 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-10
44-09-10. Counsel for accused
Status: in_force

44-09-10. Counsel for accused

If the accused appears and is unable to procure the assistance of counsel, the president of

the senate, or other person presiding, shall appoint some suitable person to assist the accused

in the accused's defense. If the accused is served by publication and fails to appear, the

president of the senate, or other person presiding, shall appoint some person as counsel to

appear in the accused's behalf and make defense for the accused.
N.D. Cent. Code § 44-04-18.22 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.22
44-04-18.22. Medical condition or medical treatment information obtained during emergency medical response - Exempt
Status: in_force

44-04-18.22. Medical condition or medical treatment information obtained during

emergency medical response - Exempt.

The medical condition of an individual, medical treatment provided to an individual, and the

name of an individual who received medical treatment from a public entity during an emergency

medical response is an exempt record.
N.D. Cent. Code § 44-04-16 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-16
44-04-16. Officer to provide blanks and records for office
Status: repealed

44-04-16. Officer to provide blanks and records for office

Repealed by S.L. 2025, ch. 409, § 1.
N.D. Cent. Code § 44-08-13 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-13
44-08-13. Facsimile signature
Status: in_force

44-08-13. Facsimile signature

Any authorized officer, after filing with the secretary of state or, in the case of officers of any

city, county, school district, or other political subdivision, with the clerk or business manager of

such subdivision, the officer's manual signature certified to under oath, may execute or cause to

be executed with a facsimile signature in lieu of a manual signature:

1. Any public security, provided that at least one signature required or permitted to be

placed thereon, or the signature of an authenticating agent or agents designated in

writing by the issuer of the security or by the person whose signature is required or

permitted to be placed thereon, must be manually subscribed, but no such manual

subscription may be required as to interest coupons attached to such security.

2. Any instrument of payment.

3. Any lease issued by the board of university and school lands.

4. Any license, permit, or other authorization provided for by the statutes, ordinances,

resolutions, or rules of this state, any city, county, school district, or other political

subdivision in this state.

Upon compliance with sections 44-08-12 through 44-08-14 by the authorized officer, a facsimile

signature has the same legal effect as a manual signature.
N.D. Cent. Code § 44-09-25 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-25
44-09-25. Impeachment does not bar prosecution
Status: in_force

44-09-25. Impeachment does not bar prosecution

If the offense for which the defendant is impeached or convicted is also the subject of an

information or indictment, the information or indictment is not barred thereby.
N.D. Cent. Code § 44-09-01 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-01
44-09-01. Impeachments - Reasons - Officers subject
Status: in_force

44-09-01. The specifications under each charge must follow it immediately and be numbered

consecutively. Each must set forth the facts claimed to constitute an offense of the kind named

in the charge under which it is placed. There may be as many charges and as many

specifications under each as the circumstances may require. No objection may be made on

account of the form of the articles of impeachment, and the same must be deemed sufficient in

substance if the allegations enable the accused to understand the nature of the accusations

against the accused, and enable the accused to make a defense.