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Current as of January 01, 2024 | Updated by Findlaw Staff
If a majority of the qualified voters voting on the charter at the election vote in favor of the home rule charter, the charter is ratified and is the organic law of the city, and extends to all its local and city matters, unless limited by law. The charter and the ordinances made pursuant to the charter in such matters, except for matters pertaining to city elections, supersede within the territorial limits and other jurisdiction of the city any law of the state in conflict with the charter and ordinances and must be liberally construed for such purposes. Except as provided under subsection 9 of section 40-05.1-06, any ordinance enacted or adopted by a city pertaining to city elections under a home rule charter in conflict with state law is void. One copy of the charter ratified and approved must be filed with the secretary of state and one with the auditor of the city to remain as a part of its permanent records. The courts shall take judicial notice of the new charter upon its filing.
Cite this article: FindLaw.com - North Dakota Century Code Title 40. Municipal Government § 40-05.1-05. Ratification by majority vote--Supersession of existing charter and state laws in conflict therewith--Exception--Filing of copies of new charter - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-40-municipal-government/nd-cent-code-sect-40-05-1-05/
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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