AGO 80-093.

• Case Date: December 24, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-093. December 24, 1980 (OPINION) OPINION 80-93Mr. Dean L. Conrad, DirectorDepartment of Accounts and PurchasesState Capitol Bismarck, North Dakota 58505 Dear Mr. Conrad: This is to acknowledge receipt of your letter of December 15, 1980, in which you set forth the following:

I request clarification on the exact time and date constitutional officers officially assume office.

Our question revolves around the warrants this office must draw for signature by the State Auditor and the State Treasurer. As of what date and time should we change the signature to reflect the new officers?

For the reasons hereinafter set forth, it is our opinion that the powers of the offices of Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Commissioner of Insurance, Attorney General, Commissioner of Agriculture, Public Service Commissioner, and Tax Commissioner devolve upon the persons elected at the November, 1980, general election, at the earliest moment of January 1, 1981, or at the moment the oath of office has been taken, subscribed, and filed, whichever moment is later. Section 71 of the Constitution of North Dakota provides:

The executive powers shall be vested in a governor, who shall reside at the seat of government and shall hold his office for the term of four years beginning in the year 1965, and until his successor is elected and duly qualified. (Emphasis added.)

Section 82 of the Constitution of North Dakota provides in part:

There shall be chosen by the qualified electors of the state at the times and places of choosing of members of the legislative assembly, a secretary of state, auditor, treasurer, superintendent of public instruction, commissioner of insurance, 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.

The tax commissioner shall be elected on a no-party ballot and he shall be nominated and elected in the manner now provided for the nomination and election of the superintendent of public instruction.

The board of railroad commissioners shall hereafter be known as the public service commission and the members of the board of railroad commissioners as public service commissioners and the powers and duties now or hereafter granted to and conferred upon the board of

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