AGO 85-01.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-01. OPINION 85-1 Date Issued: January 2, 1985 (AGO 85-1) Requested by: Representative Serenus Hoffner- QUESTION PRESENTED - Whether a newly elected governor may take office on the first day of January following his election.- ATTORNEY GENERAL'S OPINION - It is my opinion that a newly elected governor may take office on the first day of January following his election so long as he has taken, subscribed, and filed his oath of office. - ANALYSIS - Certain qualifying steps, which are distinct and separate from the election to office, are usually required to be performed by a newly elected public officer before he may assume his office and perform official functions. When the newly elected public officer has performed those required conditions within the statutorily required time period, his right to enter into the office for which he was elected is complete. 63A Am. Jur.2d. Public Officers and Employees section 127, p. 760 (1984). Article V, Section 1 of the Constitution of North Dakota provides for the office of governor and his term of office. That constitutional section states as follows:

Section 1. The executive power 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.

This constitutional section does not state the time at which a newly elected governor assumes office. Indeed, the entire Constitution is silent as to the time at which a newly elected governor may assume the position of governor with all of its rights and responsibilities. Under common law principles, however, the use of the phrase "beginning in the year 1965," in the absence of any other language, presupposes a calendar year beginning the first day of January. 46 Words and Phrases, Year 520-25 (1970). In addition, the North Dakota Legislature has answered this question and has directed all state and district officers to qualify for their positions and to enter upon the discharge of their duties on or before the first day of January following their election or within ten days thereafter. This legislative command is found at section 44-01-03 of the North Dakota Century Code which states as follows:

44-01-03. WHEN STATE AND DISTRICT OFFICERS SHALL

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