North Dakota § 40-08-08 - Vacancies on council - How filled

Full text of North Dakota North Dakota Century Code § 40-08-08 — Vacancies on council - How filled, with citation guidance and answers to common questions.

§ 40-08-08. Vacancies on council - How filled

If a vacancy occurs in a city council office by death, resignation, or otherwise, the city council may call a special city election to fill the vacancy for the unexpired term, or may, after fifteen days of the date of the vacancy appoint a person from the ward in which the council member previously holding was elected or appointed to fill the vacancy until the next city election, at which election the unexpired term must be filled. Upon petition of five percent of the qualified electors of the ward, as determined by the total number of votes cast in that ward in the last city general election, the council shall call a special election to fill a vacancy occurring more than six months before the next city election, if the petition has been submitted within fifteen days and before four p.m. of the fifteenth day of the date of the vacancy or of the vacancy being filled by appointment. If the petition is mailed, it must be in the possession of the council or its representative before four p.m. on the fifteenth day after the vacancy occurs or after the vacancy was filled by appointment.

Source: official North Dakota text · Last verified 2026-08-27

Frequently Asked Questions About North Dakota § 40-08-08

What does North Dakota Century Code § 40-08-08 cover?

Section 40-08-08 ("Vacancies on council - How filled") is part of the North Dakota Century Code, the codified statutory law of North Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite North Dakota § 40-08-08?

A common citation format is "North Dakota Century Code § 40-08-08" (North Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of North Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.

How does North Dakota § 40-08-08 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in North Dakota.