North Dakota Code § 37-01-04

Governor's authority to order out national guard - Reserve militia ordered
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out.
In case of insurrection, invasion, tumult, riot, breach of the peace, cyber attack, or imminent 
danger thereof, to provide a presence at state ceremonial events, to provide assistance to 
political entities in search and rescue efforts or to respond to a potential natural or 
environmental hazard or nuisance, or to perform training activities, the governor may order into 
the active service of this state any part of the national guard that the governor may deem 
proper. When the national guard of this state, or a part thereof, is called forth under the 
Constitution of the United States and the laws of the United States, the governor shall order out 
for service the remaining troops or such part thereof as may be necessary. If the number of 
available troops is insufficient, the governor shall order out such part of the reserve militia as the 
governor may deem necessary.

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