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Current as of January 01, 2024 | Updated by Findlaw Staff
If a majority of the qualified electors voting on the charter at the election vote in favor of the home rule charter, it is ratified and becomes the organic law of the county on the first day of January or July next following the election, and extends to all its county matters, unless limited by law. The charter and the ordinances made pursuant to the charter in county matters, except for matters pertaining to county elections, must be liberally construed to supersede within the territorial limits and jurisdiction of the county any conflicting state law except for any state law as it applies to cities or any power of a city to govern its own affairs, without the consent of the governing body of the city. Any ordinance enacted or adopted by a county pertaining to county elections under a home rule charter in conflict with state law is void. The charter may not authorize the enactment of ordinances to diminish the authority of a board of supervisors of a township or to change the structure of township government in any organized civil township, without the consent of the board of supervisors of the township. An ordinance of a home rule county may not supersede sections 49-22-16 and 49-22.1-13. One copy of the charter as ratified and approved must be filed with the secretary of state; one with the recorder for the county, unless the board of county commissioners designates a different official; and one with the auditor of the county to remain as a part of its permanent records. Courts shall take judicial notice of the charter.
Cite this article: FindLaw.com - North Dakota Century Code Title 11. Counties § 11-09.1-04. Ratification by majority vote--Supersession of existing charter and conflicting state laws--Exception--Filing of copies of new charter - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-11-counties/nd-cent-code-sect-11-09-1-04/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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