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