North Dakota Code § 44-02-07

Brief vacancy not to be filled - Exception
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If a vacancy occurs within ninety-five days previous to an election at which it may be filled, 
no appointment may be made unless it is necessary to carry out such election and the canvass 

of the same according to law. In such case an appointment may be made at any time previous 
to such election to hold until after such election or until the appointee's successor is elected and 
qualified.

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