# Title 11 — Counties

## Chapter 11-07 — Redistricting County

### § 11-07-01. County redistricting board - Membership - Powers.

The redistricting board shall be composed of the following members:
1. The chairman of the board of county commissioners, who shall act as chairman of the
redistricting board.
2. The state's attorney.
3. A citizen or member of the governing body selected by the governing body of the city
having the largest population, according to the most recent federal decennial census,
in the county.
4. A township supervisor selected by the township supervisors at a meeting called by the
county auditor, if more than one-half of the townships are organized, whose service
upon the board shall be contingent upon that person's service in office as a township
supervisor, or a citizen member at large appointed by the county commission if less
than one-half of the townships are organized.
5. A citizen at large selected by representatives of each of the cities of the county,
excluding the largest city, if there is a total of at least three incorporated cities in such
county. Such representatives shall consist of one member of and selected by the
governing body of each of the cities in the county, other than the largest city. The
selection of the member of the redistricting board shall be made at a meeting called by
the county auditor for such purpose. In the event there is not a total of three cities in
the county, or that the selection is not made at the meeting called by the county
auditor, such citizen at large shall be selected by the redistricting board at its first
meeting. Such citizen at large shall serve until the time of the next decennial
redistricting.
6. The county auditor, or such other county official responsible for conducting elections
within the county, as an ex officio, nonvoting member for the purpose of advising the
redistricting board on other existing election districts and precinct boundaries.
Vacancies upon the board shall be filled in the same manner as in the case of original selection.
Such board may change the boundaries of the commissioners' districts of the county in
accordance with the provisions of this chapter.
### § 11-07-02. When districts must be changed - Additional meeting - Public hearing -

Notice.
Each redistricting board shall, within three months after official publication of each federal
decennial census, meet at the call of the chairman to organize as provided in this chapter and to
consider redistricting, unless the county commissioners are currently elected at large pursuant
to subsection 3 of section 11-07-03 and neither a resolution of the board of county
commissioners nor a citizen petition pursuant to this section has called for such meeting. A
redistricting board may additionally meet during a census interim if a resolution calling for a
meeting is passed by the board of county commissioners or a petition calling for a meeting
signed by ten percent of the qualified electors of the county as determined by the number of
votes cast for governor in the last gubernatorial election is presented to the board of county
commissioners. If any one district in the county varies more than ten percent from the average
population per commissioner in such county determined by dividing the total population of the
county at the last federal decennial census by the number of commissioners' districts in such
county, or if county commissioners are elected at large, the redistricting board shall redistrict the
county, as provided in this chapter. If redistricting of a county is required, the chairman of the
redistricting board shall, not less than thirty days before the filing of the plan pursuant to section
11-07-03, call a meeting for the purpose of conducting a public hearing to review alternative
plans for such redistricting. Notice of such meeting shall be published or caused to be published
by the chairman in the official county newspaper at least ten days prior to the date of such
hearing.

### § 11-07-03. Method of redistricting - Election of commissioners at large if redistricting

not accomplished by time certain.
The redistricting board shall provide for the election of county commissioners as follows:
1. In redistricting a county, the redistricting board shall first attempt to make the districts
contiguous following township lines where practicable, as regular and compact in form
as practicable, and as substantially equal in population as possible. In no event shall
any commissioner's district vary in population more than ten percent from the average
population per commissioner as determined in section 11-07-02, and any variance
from the average population shall be justified in the statement filed pursuant to this
section.
2. If the redistricting board determines that redistricting pursuant to subsection 1 is
impossible or would create illogical or impracticable districts, the redistricting board
shall attempt to make districts of as nearly equal populations as is practicable, but
such districts, when created wholly within the boundaries of a city, may coincide with
the geographical boundaries of election wards. All of the candidates seeking the office
of county commissioner in a county redistricted pursuant to this section must be voted
upon by the qualified electors of the entire county, but one of the commissioners to be
elected must reside in each of the districts created pursuant to this section. The official
ballot must designate the commissioner district of each candidate by having printed
thereon the words "of commissioner district" and the designation of that district in close
proximity to the candidate's name. When an individual is seeking nomination as a
candidate for the office of county commissioner at a primary election, the two
candidates from each of the commissioner districts receiving the highest number of
votes are deemed nominated. If only one candidate is seeking nomination from a
particular commissioner district, that candidate will be deemed nominated. Following
redistricting pursuant to this subsection, the board of county commissioners may
combine two or more of the districts so created by resolution passed by a majority of
the total membership of the board. In the event that two or more commissioner districts
are combined, the number of commissioners elected who must reside in the combined
district is equal to the number of districts combined. In the event that a county
commissioner changes the place of residence within the county after election from a
particular district, the commissioner must be allowed to complete the remainder of that
term of office. A candidate elected as county commissioner on a staggered basis as
provided in section 11-07-04 must be elected at large, but must reside in the same
district the commissioner represented whom the candidate is to succeed in office.
3. In the event that redistricting is required but not completed in the manner prescribed in
subsection 1 or 2, all commissioners' districts in such county shall be abolished and,
notwithstanding the provisions of section 11-11-02, thereafter county commissioners
for such county shall be elected at large without regard to district representation in the
manner and at the time provided in this title and shall continue to be elected at large
until a proper redistricting plan is filed as required by this chapter.
The geographical boundaries of new districts created by the redistricting board must be agreed
upon by a majority of the board. Redistricting must be completed by the filing, by the chairman
of the redistricting board, of an accurate description of the redistricting method employed and
the approved geographical boundaries and a statement of the population of the new districts,
including an explanation of any variances, with the county auditor by January first of an
even-numbered year to be effective for that year's elections.
### § 11-07-03.1. Optional method of redistricting - Board of county commissioners may

exercise option - Combination of districts - Election at large of candidates from districts.
Repealed by S.L. 2009, ch. 110, § 5.
### § 11-07-04. Commissioners' terms of office - Staggered terms.

1. When redistricting is completed or if failure to redistrict requires at large election of
commissioners as provided in section 11-07-03, all commissioners then holding office
who will be elected in the same manner, either from districts or at large, as they were

elected at the last election shall complete the remainder of that term of office.
However, an election must be held at the next general election in any district where
redistricting places two or more holdover commissioners in that district or leaves a
district without a commissioner residing in the district. In those counties retaining the
same method of electing county commissioners as that utilized before a decennial, or
other, redistricting, elections must continue on a staggered basis in accordance with
the same classes in force before the effective date of a redistricting. At the first general
election following redistricting of the county or election of commissioners at large, the
county commissioner offices held by commissioners whose terms would end in the
month of December following that general election must be open for election.
2. If the county previously elected county commissioners at large and the county has
been divided into districts, those elected in districts designated by even numbers
constitute one class and those elected in districts designated by odd numbers
constitute the other class. If election of commissioners at large is necessary and the
county previously was districted, classes of such commissioners must be determined
by assigning a number to their respective offices according to the numerical total of the
votes cast for them at the general election at which they were elected. The
commissioners of one class elected in the first election held following a redistricting
pursuant to this chapter hold office for two years and those of the other class hold
office for four years. The determination of the two classes must be by lot so that
one-half of the commissioners, as nearly as practicable, may be elected biennially. An
individual mutually agreed upon by the two classes of commissioners shall perform the
lot in the presence of all of the newly elected commissioners affected by this
subsection within thirty days after the date of the first general election following
redistricting or election of commissioners at large, if required, and shall certify in
writing the results of such lot to the county auditor within five days after its completion.
### § 11-07-05. First redistricting under chapter.

The first redistricting of county commissioners' districts under this chapter shall be
completed as required in this chapter no later than December 31, 1971, and at least each ten
years thereafter. Failure of any redistricting board to complete such redistricting plan and file it
with the county auditor, as required by this chapter, shall result in all county commissioners'
districts being abolished at such date, and all county commissioners holding office shall be
elected at large at the next general election, as provided in this chapter, and shall continue to be
elected at large at succeeding elections until a proper redistricting plan is so filed.
### § 11-07-06. Petitions - Signers required - Submission of question to voters.

The board of county commissioners, upon receipt of a petition signed by at least ten percent
of the qualified electors of the county as determined by the number of votes cast for the office of
governor at the preceding general election, shall, in accordance with applicable provisions of
title 16.1, cause the question of whether commissioners shall be elected at large to be
submitted to the qualified electors of the county at the next succeeding primary or general
election. If approved by sixty percent of the qualified electors voting at such election, all county
commissioner districts in the county must be immediately dissolved, and thereafter as the term
of office of each member of the board of county commissioners expires, the office must be filled
by an election at large.
