North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2269 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	SENATE BILL NO. 2269
4		-	(Senators Roers, Rummel)
5		-	(Representatives Christy, Stemen)
6		-	AN ACT to create and enact a new section to chapter 44-08 of the North Dakota Century Code, relating
7		-	to recall elections for members of a governing body of a city; and to amend and reenact section
8		-	16.1-01-09.1 and subsection 1 of section 44-08-21 of the North Dakota Century Code, relating
9		-	to recall petitions and recall elections for political subdivision officials.
	1	+	25.1278.02002
	2	+	Title.03000
	3	+	Adopted by the House Political
	4	+	Subdivisions Committee
	5	+	Sixty-ninth
	6	+	March 27, 2025
	7	+	Legislative Assembly
	8	+	of North Dakota
	9	+	Introduced by
	10	+	Senators Roers, Rummel
	11	+	Representatives Christy, Stemen
	12	+	A BILL for an Act to create and enact a new section to chapter 44-08 of the North Dakota
	13	+	Century Code, relating to recall elections for members of a governing body of a city; and to
	14	+	amend and reenact section 16.1-01-09.1 and subsection 1 of section 44-08-21 of the North
	15	+	Dakota Century Code, relating to recall petitions and recall elections for political subdivision
	16	+	officials.
10	17		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11		-	SECTION 1. AMENDMENT. Section 16.1-01-09.1 of the North Dakota Century Code is ~~amended~~
12		-	and reenacted as follows:
	18	+	SECTION 1. AMENDMENT. Section 16.1-01-09.1 of the North Dakota Century Code is
	19	+	amended and reenacted as follows:
13	20		16.1-01-09.1. Recall petitions - Signature - Form - Circulation.
14		-	1.A request of the secretary of state for approval of a petition to recall an elected official or
15		-	appointed official of a vacated elected office may be presented over the signatures of the
16		-	sponsoring committee on individual signature forms that have been notarized. The secretary
17		-	of state shall prepare a signature form that includes provisions for identification of the recall;
18		-	the printed name, signature, and address of the committee member; and notarization of the
19		-	signature. The filed signature forms must be originals. The secretary of state shall complete
20		-	the review of the form of a recall petition in not less than five, nor more than seven, business
21		-	days, excluding Saturdays.
22		-	2.An individual may not sign a recall petition circulated pursuant to article III of the Constitution
23		-	of North Dakota or, section 44-08-21, or section 3 of this Act unless the individual is a qualified
24		-	elector. An individual may not sign a petition more than once, and each signer shall also
25		-	legibly print the signer's name, complete residential, rural route, or general delivery address,
26		-	and the date of signing on the petition. Every qualified elector signing a petition must do so in
27		-	the presence of the individual circulating the petition. A petition must be in substantially the
28		-	following form:
	21	+	1.A request of the secretary of state for approval of a petition to recall an elected official
	22	+	or appointed official of a vacated elected office may be presented over the signatures
	23	+	of the sponsoring committee on individual signature forms that have been notarized.
	24	+	The secretary of state shall prepare a signature form that includes provisions for
	25	+	identification of the recall; the printed name, signature, and address of the committee
	26	+	member; and notarization of the signature. The filed signature forms must be originals.
	27	+	The secretary of state shall complete the review of the form of a recall petition in not
	28	+	less than five, nor more than seven, business days, excluding Saturdays.
	29	+	2.An individual may not sign a recall petition circulated pursuant to article III of the
	30	+	Constitution of North Dakota or, section 44-08-21, or section 3 of this Act unless the
	31	+	individual is a qualified elector. An individual may not sign a petition more than once,
	32	+	Page No. 1 25.1278.02002
	33	+	ENGROSSED SENATE BILL NO. 2269
	34	+	FIRST ENGROSSMENT
	35	+	PROPOSED AMENDMENTS TO
	36	+	1
	37	+	2
	38	+	3
	39	+	4
	40	+	5
	41	+	6
	42	+	7
	43	+	8
	44	+	9
	45	+	10
	46	+	11
	47	+	12
	48	+	13
	49	+	14
	50	+	15
	51	+	16
	52	+	17
	53	+	18
	54	+	19
	55	+	20 Sixty-ninth
	56	+	Legislative Assembly
	57	+	and each signer shall also legibly print the signer's name, complete residential, rural
	58	+	route, or general delivery address, and the date of signing on the petition. Every
	59	+	qualified elector signing a petition must do so in the presence of the individual
	60	+	circulating the petition. A petition must be in substantially the following form:
29	61		RECALL PETITION
30	62		We, the undersigned, being qualified electors request that
31		-	____________________________________(name of the individual being ~~recalled)~~
32		-	the___________________(office of individual being recalled) be ~~recalled for the reason~~
33		-	or reasons of______________________________.
	63	+	____________________________________(name of the individual being
	64	+	recalled) the___________________(office of individual being recalled) be
	65	+	recalled for the reason or reasons of______________________________.
34	66		RECALL SPONSORING COMMITTEE
35		-	The following are the names and addresses of the qualified electors of the state ~~of North~~
36		-	Dakota and the political subdivision who, as the sponsoring committee ~~for the petitioners,~~
37		-	represent and act for the petitioners in accordance with law:
	67	+	The following are the names and addresses of the qualified electors of the state
	68	+	of North Dakota and the political subdivision who, as the sponsoring committee
	69	+	for the petitioners, represent and act for the petitioners in accordance with law:
38	70		Complete Residential,
39	71		Rural Route,
40	72		or General
41		-	Name Delivery Address ~~S. B. NO. 2269 - PAGE 2~~
	73	+	Name Delivery Address
42	74		1._____________________(Chairperson)_________________________
43	75		2.__________________________________________________________
44	76		3.__________________________________________________________
45	77		4.__________________________________________________________
46	78		5.__________________________________________________________
47	79		INSTRUCTIONS TO PETITION SIGNERS
48		-	You are being asked to sign a petition. You must be a qualified elector. This ~~means you~~
49		-	are eighteen years old, you have lived in North Dakota for thirty days, ~~and you are a~~
50		-	United States citizen. All signers shall also legibly print their name, ~~complete residential,~~
51		-	rural route, or general delivery address, and date of signing ~~on the petition. Every~~
52		-	qualified elector signing a petition must do so in the ~~presence of the individual circulating~~
53		-	the petition.
	80	+	You are being asked to sign a petition. You must be a qualified elector. This
	81	+	means you are eighteen years old, you have lived in North Dakota for thirty days,
	82	+	and you are a United States citizen. All signers shall also legibly print their name,
	83	+	complete residential, rural route, or general delivery address, and date of signing
	84	+	on the petition. Every qualified elector signing a petition must do so in the
	85	+	presence of the individual circulating the petition.
54	86		QUALIFIED ELECTORS
55	87		Signed Printed Complete Residential,
	88	+	Page No. 2 25.1278.02002
	89	+	1
	90	+	2
	91	+	3
	92	+	4
	93	+	5
	94	+	6
	95	+	7
	96	+	8
	97	+	9
	98	+	10
	99	+	11
	100	+	12
	101	+	13
	102	+	14
	103	+	15
	104	+	16
	105	+	17
	106	+	18
	107	+	19
	108	+	20
	109	+	21
	110	+	22
	111	+	23
	112	+	24
	113	+	25
	114	+	26
	115	+	27
	116	+	28
	117	+	29
	118	+	30
	119	+	31 Sixty-ninth
	120	+	Legislative Assembly
56	121		Month, Name of Name of Rural Route, City
57	122		Day, Qualified Qualifiedor General State,
58	123		Year Elector Elector Delivery AddressZip Code
59	124		1.__________________________________________________________
60	125		2.__________________________________________________________
61	126		3.__________________________________________________________
62	127		4.__________________________________________________________
63	128		5.__________________________________________________________
64	129		6.__________________________________________________________
65	130		7.__________________________________________________________
66	131		8.__________________________________________________________
67		-	The number of signature lines on each page of a printed petition may vary if ~~necessary to~~
68		-	accommodate other required textual matter.
69		-	3.Each copy of a petition provided for in this section, before being filed, must have ~~attached an~~
70		-	affidavit executed by the circulator in substantially the following form:
	132	+	The number of signature lines on each page of a printed petition may vary if
	133	+	necessary to accommodate other required textual matter.
	134	+	3.Each copy of a petition provided for in this section, before being filed, must have
	135	+	attached an affidavit executed by the circulator in substantially the following form:
71	136		State of North Dakota )
72	137		) ss.
73	138		County of__________________)
74	139		(county where signed)
75		-	I,________________, being sworn, say that I am a qualified elector; that I ~~S. B. NO. 2269 - PAGE 3~~
	140	+	I,________________, being sworn, say that I am a qualified elector; that I
76	141		(circulator's name)
77	142		reside at____________________________;
78	143		(address)
79		-	that each signature contained on the attached petition was executed in my presence; and
80		-	that to the best of my knowledge and belief each individual whose signature appears on
81		-	the attached petition is a qualified elector; and that each signature contained on the
82		-	attached petition is the genuine signature of the individual whose name it purports to be.
	144	+	that each signature contained on the attached petition was executed in my
	145	+	presence; and that to the best of my knowledge and belief each individual whose
	146	+	signature appears on the attached petition is a qualified elector; and that each
	147	+	signature contained on the attached petition is the genuine signature of the
	148	+	individual whose name it purports to be.
83	149		_________________________________________
84	150		(signature of circulator)
85	151		Subscribed and sworn to before me on______________, _____, at
	152	+	Page No. 3 25.1278.02002
	153	+	1
	154	+	2
	155	+	3
	156	+	4
	157	+	5
	158	+	6
	159	+	7
	160	+	8
	161	+	9
	162	+	10
	163	+	11
	164	+	12
	165	+	13
	166	+	14
	167	+	15
	168	+	16
	169	+	17
	170	+	18
	171	+	19
	172	+	20
	173	+	21
	174	+	22
	175	+	23
	176	+	24
	177	+	25
	178	+	26
	179	+	27
	180	+	28
	181	+	29
	182	+	30
	183	+	31 Sixty-ninth
	184	+	Legislative Assembly
86	185		____________, North Dakota.
87	186		(city)
88	187		(Notary Seal) ______________________________________________
89	188		(signature of notary)
90	189		Notary Public
91	190		My commission expires_________________
92	191		4.A petition for recall must include, before the signature lines for the qualified electors as
93		-	provided in subsection 2, the name of the individual being recalled, the office from ~~which that~~
94		-	individual is being recalled, and a list of the names and addresses of not ~~less than five~~
95		-	qualified electors of the state, political subdivision, or district in which the ~~official is to be~~
96		-	recalled who are sponsoring the recall.
	192	+	provided in subsection 2, the name of the individual being recalled, the office from
	193	+	which that individual is being recalled, and a list of the names and addresses of not
	194	+	less than five qualified electors of the state, political subdivision, or district in which the
	195	+	official is to be recalled who are sponsoring the recall.
97	196		5.For the recall of an elected official under article III of the Constitution of North Dakota,
98		-	circulators have one year to gather the required number of signatures of qualified electors on
99		-	the recall petition from the date the secretary of state approves the recall petition for
100		-	circulation. For the recall of an elected official under section 44-08-21 or section 3 of this Act ,
101		-	circulators have ninety days from the date the secretary of state approves the recall petition
102		-	for circulation to submit the recall petition to the appropriate filing officer.
103		-	6.A petition may not be circulated under the authority of article III of the Constitution of North
104		-	Dakota or, section 44-08-21, or section 3 of this Act by an individual who is less than eighteen
105		-	years of age, nor may the affidavit called for by subsection 3 be executed by an individual who
106		-	is less than eighteen years of age at the time of signing. All petitions circulated under the
107		-	authority of the constitution and of this section must be circulated in their entirety.
108		-	7.When recall petitions are delivered to the secretary of state or other filing officer with whom a
109		-	petition for nomination to the office in question is filed, the chairman of the sponsoring
110		-	committee shall submit to the secretary of state or other filing officer an affidavit stating that to
111		-	the best of that individual's knowledge, the petitions contain at least the required number of
112		-	signatures. The chairperson also shall submit a complete list of petition circulators which must
113		-	include each circulator's full name and residential address. The residential address must be in
114		-	this state and identify the circulator's street address, city, and zip code. Upon submission of
115		-	the petitions to the appropriate filing officer, the petitions are considered filed and may not be
116		-	returned to the chairman of the sponsoring committee for the purpose of continuing the
117		-	circulation process or resubmitting the petitions at a later time. An elector's name may not be S. B. NO. 2269 - PAGE 4
118		-	removed by the elector from a recall petition that has been submitted to and received by the
	197	+	circulators have one year to gather the required number of signatures of qualified
	198	+	electors on the recall petition from the date the secretary of state approves the recall
	199	+	petition for circulation. For the recall of an elected official under section 44-08-21 or
	200	+	section 3 of this Act , circulators have ninety days from the date the secretary of state
	201	+	approves the recall petition for circulation to submit the recall petition to the
119	202		appropriate filing officer.
120		-	8.The filing officer has a reasonable period, not to exceed thirty days, in which to pass upon the
121		-	sufficiency of a recall petition. The filing officer may conduct a representative random sampling
122		-	of the signatures contained in the petitions by the use of questionnaires, postcards, telephone
123		-	calls, personal interviews, or other accepted information-gathering techniques, or any
124		-	combinations thereof, to determine the validity of the signatures. Signatures determined by the
125		-	filing officer to be invalid may not be counted and all violations of law discovered by the filing
126		-	officer must be reported to the state's attorney for possible prosecution.
127		-	9.The filing officer shall call a special recall election to be held no sooner than ninety-five days
128		-	nor later than one hundred five days following the date the filing officer certifies the petition
129		-	valid and sufficient. No special recall election may be called if that date would be within
130		-	ninety-five days of the next scheduled election.
131		-	10.A notice of the recall election must be posted in the official newspaper thirty days before the
132		-	candidate filing deadline, which is by four p.m. on the sixty-fourth day before the election. The
133		-	official notice must include the necessary information for a candidate to file and have the
134		-	candidate's name included on the ballot.
135		-	11.A special recall election may not be held if candidate filings are not received by the filing
136		-	officer before the candidate filing deadline. The filing officer shall declare the recall petition
137		-	ineffective, and the elected or appointed official may continue to serve the remainder of their
138		-	term. A notice of cancellation of the recall election due to no candidate filing received must be
139		-	posted in the official newspaper within fifteen days following the candidate filing deadline.
140		-	12.An official may not be recalled if the recall special election would occur within one year of the
141		-	next regularly scheduled election in which the official could be re-elected.
142		-	SECTION 2. AMENDMENT. Subsection 1 of section 44-08-21 of the North Dakota Century Code is
143		-	amended and reenacted as follows:
144		-	1.An elected official of a political subdivision, except a township officer, an individual serving as
145		-	a member of a governing body of a city, park district, or as a member of a school board
146		-	subject to recall under section 3 of this Act, or an official subject to recall under section 10 of
147		-	article III of the Constitution of North Dakota, is subject to recall by petition of electors equal in
148		-	number to twenty-five percent of the voters who voted in the most recent election that the
149		-	official sought to be recalled was on the ballot, not including other recall elections. An official
150		-	who was appointed to fill a vacancy is subject to recall by petition of electors equal in number
151		-	to twenty-five percent of the voters who voted in the most recent election that the office of the
152		-	official sought to be recalled was on the ballot, not including other recall elections. The
153		-	provisions of section 16.1-01-09.1, as they relate to signing and circulating recall petitions,
154		-	apply to petitions under this section.
155		-	SECTION 3. A new section to chapter 44-08 of the North Dakota Century Code is created and
156		-	enacted as follows:
157		-	Recall of elected members of a governing body of a city, park district, or school board.
158		-	1.An individual serving as a member of a governing body of a city, park district, or school board
159		-	is subject to recall by petition of electors equal in number to thirty - five percent of the voters
160		-	who voted in the most recent election that the member sought to be recalled was on the ballot,
161		-	not including other recall elections. A member who was appointed to fill a vacancy is subject to
162		-	recall by petition of electors equal in number to thirty - five percent of the voters who voted in
163		-	the most recent election that the office of the member sought to be recalled was on the ballot,
164		-	not including other recall elections. The provisions of section 16.1 - 01 - 09.1, as they relate to
165		-	signing and circulating recall petitions, apply to petitions under this section, except petitions S. B. NO. 2269 - PAGE 5
166		-	circulated under this section must have fifteen petition sponsors if the city population is greater
167		-	than two hundred fifty or the school district has a fall enrollment of greater than two hundred
168		-	fifty. Each petition sponsor shall provide on the petition the sponsor's name and address. Each
169		-	petition sponsor must be a qualified elector of the city, park district, or the school district in
170		-	which the member subject to the recall is serving.
171		-	2.A recall petition must include a stated reason for the recall and be approved as to form before
172		-	circulation by the secretary of state. The secretary of state shall complete the review of the
173		-	form of a recall petition in not less than five, nor more than seven, business days, excluding
174		-	Saturdays. To be effective, a recall petition must be submitted to the filing officer within ninety
175		-	days after the date the recall petition is approved for circulation by the secretary of state.
176		-	3.Once circulated, the recall petition must be filed with the filing officer with whom a petition for
177		-	nomination to the office in question is filed. The filing officer shall pass on the sufficiency of a
178		-	petition by reviewing every signature affixed to the petition. Except as otherwise provided in
179		-	this section, the filing officer shall call a special election to be held not sooner than ninety - five
180		-	days nor later than one hundred five days following the date the filing officer certifies the
181		-	petition valid and sufficient. A special election may not be called if that date would be within
182		-	ninety - five days of the next scheduled election. An elector's name may not be removed from a
183		-	recall petition that has been submitted to and received by the filing officer.
184		-	4.The name of the member to be recalled must be placed on the ballot unless the member
185		-	resigns within ten days after the filing officer certifies the petition is valid and sufficient. Other
186		-	candidates for the office may be nominated in a manner provided by law and shall file
187		-	nominating papers with the appropriate filing officer by the sixty-fourth day before the
188		-	scheduled recall election. A special recall election may not be held if candidate filings are not
189		-	received by the filing officer before the candidate filing deadline. The filing officer shall declare
190		-	the recall petition ineffective, and the member may continue to serve the remainder of the
191		-	member's term. A notice of cancellation of the recall election due to no candidate filing
192		-	received must be posted in the official newspaper within fifteen days following the candidate
193		-	filing deadline.
194		-	5.If the member resigns, the filing officer may call a special election or appoint an individual to
195		-	complete the unexpired term of the office. When the election results have been officially
196		-	declared, the candidate receiving the highest number of votes is elected for the remainder of
197		-	the term.
198		-	6.A member is not subject to recall twice during the term for which the member was elected. A
199		-	member whose office is on the ballot at a regularly scheduled election occurring within
200		-	one year is not subject to recall if the recall special election would occur within one year of the
201		-	next regularly scheduled election in which the member could be re - elected. S. B. NO. 2269 - PAGE 6
202		-	____________________________ ____________________________
203		-	President of the Senate Speaker of the House
204		-	____________________________ ____________________________
205		-	Secretary of the Senate Chief Clerk of the House
206		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
207		-	Dakota and is known on the records of that body as Senate Bill No. 2269.
208		-	Senate Vote:Yeas 46 Nays 0 Absent 1
209		-	House Vote: Yeas 56 Nays 32 Absent 6
210		-	____________________________
211		-	Secretary of the Senate
212		-	Received by the Governor at ________M. on _____________________________________, 2025.
213		-	Approved at ________M. on __________________________________________________, 2025.
214		-	____________________________
215		-	Governor
216		-	Filed in this office this ___________day of _______________________________________, 2025,
217		-	at ________ o’clock ________M.
218		-	____________________________
219		-	Secretary of State
	203	+	6.A petition may not be circulated under the authority of article III of the Constitution of
	204	+	North Dakota or, section 44-08-21, or section 3 of this Act by an individual who is less
	205	+	than eighteen years of age, nor may the affidavit called for by subsection 3 be
	206	+	executed by an individual who is less than eighteen years of age at the time of signing.
	207	+	All petitions circulated under the authority of the constitution and of this section must
	208	+	be circulated in their entirety.
	209	+	7.When recall petitions are delivered to the secretary of state or other filing officer with
	210	+	whom a petition for nomination to the office in question is filed, the chairman of the
	211	+	sponsoring committee shall submit to the secretary of state or other filing officer an
	212	+	affidavit stating that to the best of that individual's knowledge, the petitions contain at
	213	+	least the required number of signatures. The chairperson also shall submit a complete
	214	+	list of petition circulators which must include each circulator's full name and residential
	215	+	address. The residential address must be in this state and identify the circulator's
	216	+	Page No. 4 25.1278.02002
	217	+	1
	218	+	2
	219	+	3
	220	+	4
	221	+	5
	222	+	6
	223	+	7
	224	+	8
	225	+	9
	226	+	10
	227	+	11
	228	+	12
	229	+	13
	230	+	14
	231	+	15
	232	+	16
	233	+	17
	234	+	18
	235	+	19
	236	+	20
	237	+	21
	238	+	22
	239	+	23
	240	+	24
	241	+	25
	242	+	26
	243	+	27
	244	+	28
	245	+	29
	246	+	30
	247	+	31 Sixty-ninth
	248	+	Legislative Assembly
	249	+	street address, city, and zip code. Upon submission of the petitions to the appropriate
	250	+	filing officer, the petitions are considered filed and may not be returned to the chairman
	251	+	of the sponsoring committee for the purpose of continuing the circulation process or
	252	+	resubmitting the petitions at a later time. An elector's name may not be removed by
	253	+	the elector from a recall petition that has been submitted to and received by the
	254	+	appropriate filing officer.
	255	+	8.The filing officer has a reasonable period, not to exceed thirty days, in which to pass
	256	+	upon the sufficiency of a recall petition. The filing officer may conduct a representative
	257	+	random sampling of the signatures contained in the petitions by the use of
	258	+	questionnaires, postcards, telephone calls, personal interviews, or other accepted
	259	+	information-gathering techniques, or any combinations thereof, to determine the
	260	+	validity of the signatures. Signatures determined by the filing officer to be invalid may
	261	+	not be counted and all violations of law discovered by the filing officer must be
	262	+	reported to the state's attorney for possible prosecution.
	263	+	9.The filing officer shall call a special recall election to be held no sooner than ninety-five
	264	+	days nor later than one hundred five days following the date the filing officer certifies
	265	+	the petition valid and sufficient. No special recall election may be called if that date
	266	+	would be within ninety-five days of the next scheduled election.
	267	+	10.A notice of the recall election must be posted in the official newspaper thirty days
	268	+	before the candidate filing deadline, which is by four p.m. on the sixty-fourth day
	269	+	before the election. The official notice must include the necessary information for a
	270	+	candidate to file and have the candidate's name included on the ballot.
	271	+	11.A special recall election may not be held if candidate filings are not received by the
	272	+	filing officer before the candidate filing deadline. The filing officer shall declare the
	273	+	recall petition ineffective, and the elected or appointed official may continue to serve
	274	+	the remainder of their term. A notice of cancellation of the recall election due to no
	275	+	candidate filing received must be posted in the official newspaper within fifteen days
	276	+	following the candidate filing deadline.
	277	+	12.An official may not be recalled if the recall special election would occur within one year
	278	+	of the next regularly scheduled election in which the official could be re-elected.
	279	+	Page No. 5 25.1278.02002
	280	+	1
	281	+	2
	282	+	3
	283	+	4
	284	+	5
	285	+	6
	286	+	7
	287	+	8
	288	+	9
	289	+	10
	290	+	11
	291	+	12
	292	+	13
	293	+	14
	294	+	15
	295	+	16
	296	+	17
	297	+	18
	298	+	19
	299	+	20
	300	+	21
	301	+	22
	302	+	23
	303	+	24
	304	+	25
	305	+	26
	306	+	27
	307	+	28
	308	+	29
	309	+	30 Sixty-ninth
	310	+	Legislative Assembly
	311	+	SECTION 2. AMENDMENT. Subsection 1 of section 44-08-21 of the North Dakota Century
	312	+	Code is amended and reenacted as follows:
	313	+	1.An elected official of a political subdivision, except a township officer, an individual
	314	+	serving as a member of a governing body of a city , park district, or as a member of a
	315	+	school board subject to recall under section 3 of this Act, or an official subject to recall
	316	+	under section 10 of article III of the Constitution of North Dakota, is subject to recall by
	317	+	petition of electors equal in number to twenty-five percent of the voters who voted in
	318	+	the most recent election that the official sought to be recalled was on the ballot, not
	319	+	including other recall elections. An official who was appointed to fill a vacancy is
	320	+	subject to recall by petition of electors equal in number to twenty-five percent of the
	321	+	voters who voted in the most recent election that the office of the official sought to be
	322	+	recalled was on the ballot, not including other recall elections. The provisions of
	323	+	section 16.1-01-09.1, as they relate to signing and circulating recall petitions, apply to
	324	+	petitions under this section.
	325	+	SECTION 3. A new section to chapter 44-08 of the North Dakota Century Code is created
	326	+	and enacted as follows:
	327	+	Recall of elected members of a governing body of a city , park district, or school
	328	+	board.
	329	+	1.An individual serving as a member of a governing body of a city , par k district, or school
	330	+	board is subject to recall by petition of electors equal in number to thirty - five percent of
	331	+	the voters who voted in the most recent election that the member sought to be recalled
	332	+	was on the ballot, not including other recall elections. A member who was appointed to
	333	+	fill a vacancy is subject to recall by petition of electors equal in number to thirty - five
	334	+	percent of the voters who voted in the most recent election that the office of the
	335	+	member sought to be recalled was on the ballot, not including other recall elections.
	336	+	The provisions of section 16.1 - 01 - 09.1, as they relate to signing and circulating recall
	337	+	petitions, apply to petitions under this section, except petitions circulated under this
	338	+	section must have fifteen petition sponsors if the city population is greater than
	339	+	two hundred fifty or the school district has a fall enrollment of greater than two hundred
	340	+	fifty. Each petition sponsor shall provide on the petition the sponsor's name and
	341	+	Page No. 6 25.1278.02002
	342	+	1
	343	+	2
	344	+	3
	345	+	4
	346	+	5
	347	+	6
	348	+	7
	349	+	8
	350	+	9
	351	+	10
	352	+	11
	353	+	12
	354	+	13
	355	+	14
	356	+	15
	357	+	16
	358	+	17
	359	+	18
	360	+	19
	361	+	20
	362	+	21
	363	+	22
	364	+	23
	365	+	24
	366	+	25
	367	+	26
	368	+	27
	369	+	28
	370	+	29
	371	+	30 Sixty-ninth
	372	+	Legislative Assembly
	373	+	address. Each petition sponsor must be a qualified elector of the city , park district, or
	374	+	the school district in which the member subject to the recall is serving.
	375	+	2.A recall petition must include a stated reason for the recall and be approved as to form
	376	+	before circulation by the secretary of state. The secretary of state shall complete the
	377	+	review of the form of a recall petition in not less than five, nor more than seven,
	378	+	business days, excluding Saturdays. To be effective, a recall petition must be
	379	+	submitted to the filing officer within ninety days after the date the recall petition is
	380	+	approved for circulation by the secretary of state.
	381	+	3.Once circulated, the recall petition must be filed with the filing officer with whom a
	382	+	petition for nomination to the office in question is filed. The filing officer shall pass on
	383	+	the sufficiency of a petition by reviewing every signature affixed to the petition. Except
	384	+	as otherwise provided in this section, the filing officer shall call a special election to be
	385	+	held not sooner than ninety - five days nor later than one hundred five days following
	386	+	the date the filing officer certifies the petition valid and sufficient. A special election
	387	+	may not be called if that date would be within ninety - five days of the next scheduled
	388	+	election. An elector's name may not be removed from a recall petition that has been
	389	+	submitted to and received by the filing officer.
	390	+	4.The name of the member to be recalled must be placed on the ballot unless the
	391	+	member resigns within ten days after the filing officer certifies the petition is valid and
	392	+	sufficient. Other candidates for the office may be nominated in a manner provided by
	393	+	law and shall file nominating papers with the appropriate filing officer by the sixty-
	394	+	fourth day before the scheduled recall election. A special recall election may not be
	395	+	held if candidate filings are not received by the filing officer before the candidate filing
	396	+	deadline. The filing officer shall declare the recall petition ineffective, and the member
	397	+	may continue to serve the remainder of the member's term. A notice of cancellation of
	398	+	the recall election due to no candidate filing received must be posted in the official
	399	+	newspaper within fifteen days following the candidate filing deadline.
	400	+	5.If the member resigns, the filing officer may call a special election or appoint an
	401	+	individual to complete the unexpired term of the office. When the election results have
	402	+	been officially declared, the candidate receiving the highest number of votes is elected
	403	+	for the remainder of the term.
	404	+	Page No. 7 25.1278.02002
	405	+	1
	406	+	2
	407	+	3
	408	+	4
	409	+	5
	410	+	6
	411	+	7
	412	+	8
	413	+	9
	414	+	10
	415	+	11
	416	+	12
	417	+	13
	418	+	14
	419	+	15
	420	+	16
	421	+	17
	422	+	18
	423	+	19
	424	+	20
	425	+	21
	426	+	22
	427	+	23
	428	+	24
	429	+	25
	430	+	26
	431	+	27
	432	+	28
	433	+	29
	434	+	30
	435	+	31 Sixty-ninth
	436	+	Legislative Assembly
	437	+	6.A member is not subject to recall twice during the term for which the member was
	438	+	elected. A member whose office is on the ballot at a regularly scheduled election
	439	+	occurring within one year is not subject to recall if the recall special election would
	440	+	occur within one year of the next regularly scheduled election in which the member
	441	+	could be re - elected.
	442	+	Page No. 8 25.1278.02002
	443	+	1
	444	+	2
	445	+	3
	446	+	4
	447	+	5