AGO 80-086.

Case DateApril 15, 1980
CourtNorth Dakota
North Dakota Attorney General Opinions 1980. AGO 80-086. April 15, 1980 (OPINION) OPINION 80-86Honorable Ben MeierSecretary of State Department of State State Capitol Bismarck, North Dakota 58505 Dear Mr. Meier: This is in response to your letter of March 3, 1980, wherein you state: I would like your opinion on the following:
If a vacancy occurs in a constitutional office according to Section 78 of the North Dakota Constitution, the Governor shall have the power to fill such vacancy by appointment.
Section 44-02-08 of the North Dakota Century Code indicates that the appointment shall be made in writing and shall continue in force until the first general election or until a successor is elected and qualified.
In your opinion what constitutes the first general election following an appointment as stated in section 44-02-08 of the North Dakota Century Code. Is it the primary held in September every two years as provided by law, or is it the general election held in November every two years as provided for by law? My question is, our present State Treasurer was appointed by the Governor to fill out the unexpired four year-term of the later Walter Christensen. On what election does the office of the State Treasurer appear on the ballot to fill the unexpired term:
1. Primary election, September 2, 1980?
2. General election, November 4, 1980?
3. Will the Governor's appointee hold office until January when all other state officers elected take office for their four-year terms?
Section 82 of the North Dakota Constitution, as amended by Article 80, provides in part:
SECTION 82. There shall be chosen by the qualified electors of the state at the times and places of choosing members of the legislative assembly, a secretary of state, auditor, treasurer, superintendent of public instruction, commissioner of insurance, an attorney general, a commissioner of agriculture and labor, and a tax commissioner, who shall have attained the age of twenty-five years and shall have the qualifications of state electors. They shall severally hold their offices at the seat of government for the term of four years beginning with the year 1965, and until their successors are elected and duly qualified; but no person shall be eligible for the office of treasurer for more than two consecutive terms.
Section 78 of the Constitution provides:
SECTION 78. When any office shall from any cause become vacant, and no mode is provided by the constitution or law for filling such vacancy, the governor shall have power to fill such vacancy by appointment.
Section 44-02-03 of the North Dakota Century Code provides, in part:
44-02-03. VACANCY IN STATE OR DISTRICT OFFICE - HOW FILLED. Any vacancy in a state or district office, except in the office of a member of the
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