North Dakota Code § 44-11-02

Charges - How made - By whom prosecuted
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1. The petition against any official authorized to be removed by the governor must be 
entitled in the name of this state and must be filed with the attorney general.
2. The charges against any official, other than a school board member, may be made 
upon the petition of fifty qualified electors of the county in which the person charged is 
an officer, or upon the petition of ten percent of the qualified electors voting at the 
preceding general election for the office of governor in that political subdivision or 
district in which the person charged is an officer, whichever is least, or by the state's 
attorney of such county.
3. The charges against a school board member must be made upon a petition containing 
the signatures of qualified electors of the school district equal in number to twenty 
percent of the number of persons enumerated in the school census for that district for 
the most recent year such census was taken, unless such census is greater than four 
thousand in which case only fifteen percent of the number of persons enumerated in 
the school census are required. However, not fewer than twenty -five signatures are 
required unless the district has fewer than twenty -five qualified electors, in which case 
the petition must be signed by not less than twenty-five percent of the qualified 
electors of the district. In those districts with fewer than twenty -five qualified electors, 
the number of qualified electors in the district must be determined by the county 
superintendent for such county in which such school is located.
4. When the petition is filed, the attorney general shall conduct an investigation within 
thirty days. Upon completion of the investigation, the attorney general shall make a 
recommendation to the governor whether a removal proceeding should be conducted 
by a special commissioner, and if so, whether the accused officer should be 
suspended during the pendency of the proceeding.
5. Upon receipt of the recommendation of the attorney general, the governor shall 
determine whether to proceed with the appointment of a special commissioner. If the 
governor decides not to appoint a special commissioner, the governor shall notify the 
individuals who filed the petition and summarize the reasons for the decision. If the 
governor decides to appoint a special commissioner, the governor shall request that a 
prosecutor draft and serve the official complaint against the officer.
a. When the officer sought to be removed is other than the state's attorney, the 
state's attorney for the county involved or in which the political subdivision or 
office is located, upon request of the governor, shall appear and prosecute. Upon 
approval of the governor, the state's attorney may contract with a state's attorney 
from another county or other competent attorney, or request the attorney general 
to prosecute the proceedings.
b. When proceedings are brought to remove the state's attorney, the attorney 
general shall appear on behalf of the state and prosecute such proceedings. 
Upon approval of the governor, the attorney general may contract with a state's 
attorney or other competent attorney.

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