North Dakota Code § 37-02-04

Governor to be commander in chief of militia - Inability of governor to act
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The military establishment of this state consists of a department of the army, a department 
of the air force, and a department of military records. The governor of this state, by virtue of that 
office, is commander in chief of the military establishment except as to such portions thereof as 
at times may be in the service of the United States. The adjutant general as chief of staff in the 
name of the governor shall transmit orders to staff officers and commanders of subordinate 
units. Whenever the governor is unable to perform the duties of commander in chief, the 
adjutant general is in command.

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