Current through 2023 Legislative Sessions
Section 16.1-04-01 - Precincts - Duties and responsibilities of the board of county commissioners or the governing body of the city1. The board of county commissioners of each county: a. Shall divide the county into precincts and establish the precinct boundaries, except that within the boundaries of any incorporated city, the governing body of the city shall divide the city into precincts and establish their boundaries pursuant to title 40. Any number of townships or parts of townships may be joined into a single precinct provided that no precinct may encompass more than one legislative district.b. May alter the number and size of precincts within the county by combining or dividing precincts. However, the governing body of any incorporated city has the authority to alter the number and size of precincts located within its boundaries. The board of county commissioners may relinquish the jurisdiction provided under subdivision a over all or any portion of a township or townships under its jurisdiction to a city for the purpose of establishing a voting precinct if a majority of the governing body of the city agrees to assume such jurisdiction. The governing body of a city, by majority vote, may return jurisdiction granted herein to the county and the county shall accept that jurisdiction.2. When establishing precincts under subsection 1, a board of county commissioners, in cooperation with the county auditor, or a city governing body shall consult with and seek input regarding the size, number, and proposed boundaries of the precincts from representatives of the political parties organized within the county. Upon the request of the district chairman of a political party, a board of county commissioners, in consultation with the county auditor, or the governing body of a city shall consider proposals to change precinct boundaries.3. The precincts may not be established later than December thirty-first of the year immediately preceding an election cycle and not later than seventy days before a special election.Amended by S.L. 2017, ch. 154 (HB 1363),§ 4, eff. 8/1/2017.Amended by S.L. 2013, ch. 168 (SB 2369),§ 11, eff. 8/1/2013.