44-01 Eligibility and Qualifications of Officers - North Dakota Statutes

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TITLE 44OFFICES AND OFFICERSCHAPTER 44-01ELIGIBILITY AND QUALIFICATIONS OF OFFICERS44-01-01. Eligibility to office. Every elector is eligible to the office for which that personis an elector, except when otherwise specially provided. No person is eligible who is not such an
elector.44-01-02. Credit for military service. Any person elected or appointed to any positionor office in this state, or in any political subdivision thereof, in which length of service is one of the
qualifications necessary to election or appointment, must be given credit for service in the army
of the United States between April 6, 1917, and November 11, 1919, in the particular vocation,
profession, or trade in which the person was engaged at the time of entering such service, if the
person holds an honorable discharge from the military service of the United States and is
recognized as a North Dakota soldier.44-01-03.When state and district officers shall qualify.Except when otherwisespecially provided, all state and district officers shall qualify on the first day of January next
succeeding their election and on said first day of January shall enter upon the discharge of the
duties of their respective offices, provided that when a person is elected to fill an unexpired term
in a district office then vacant or then held by an appointee, such person may qualify and enter
upon the discharge of the duties of such office at any time after receiving a certificate of election
to that office but not later than the first day of January next succeeding the date of election to the
unexpired term of office.44-01-04. State, district, and county officers - Failure to qualify - Vacancy. If anyperson elected to any state, district, county, or other political subdivision office fails to qualify and
enter upon the duties of such office within the time fixed by law, such office must be deemed
vacant and must be filled by appointment as provided by law. If there is a contest for such office
or if the person elected to such office is prevented or obstructed in any manner from entering
upon the duties thereof, the time above prescribed does not govern and the person must be
allowed twenty days after the day such contest is determined or such obstruction removed in
which to qualify.44-01-05. Oath of civil officers. Each civil officer in this state before entering upon theduties of that individual's office shall take and subscribe the oath prescribed in section 4 of article
XI of the Constitution of North Dakota. The oath must be endorsed upon the back of, or attached
to, the commission, appointment, or certificate of election. The term civil officer includes every
elected official and any individual appointed by such elected official; any individual appointed by
the governor and required by section 16.1-09-02 to file a statement of interests with the secretary
of state; appointed member of any state authority, board, bureau, commission, and council; and
the appointed head of any state agency and agency division, whether the individual serves with
or without compensation. Except for an individual appointed to fill a vacancy existing in the
legislative assembly, the term does not include any individual receiving a legislative appointment.
For purposes of this chapter and chapter 44-05, the term civil officer has the same meaning as
public officer.44-01-05.1. Failure to file oath. The appointment of any civil officer may be rescindedby the appointing authority if the appointed civil officer fails to file an oath of office at the place of
filing required by section 44-05-04.44-01-06. State and district officers to give bonds. Repealed by S.L. 1987, ch. 537,