CHAPTER 46-01 Supervision of State Printing

46-01-01. Office of management and budget to purchase printing.

The authority to purchase and supervise all printing for the various state departments and agencies is vested in the state office of management and budget.

Source:

S.L. 1890, ch. 119, § 1; R.C. 1895, § 38; R.C. 1899, § 38; R.C. 1905, § 37; C.L. 1913, § 45; S.L. 1919, ch. 188, §§ 1, 2; 1925 Supp., §§ 375b1, 375b2; R.C. 1943, § 46-0101; S.L. 1959, ch. 372, § 50; 1983, ch. 571, § 1.

Cross-References.

Office of management and budget, see N.D.C.C. ch. 54-44.

46-01-02. Printing duties of office of management and budget.

The office of management and budget shall:

  1. Bid all printing requisitions as requested and let all contracts.
  2. Determine the price of any legal notice or publication when requested by any state agency or department, or by any political subdivision. Its decision on the proper fee for the publication is binding and final, subject to review by the courts.

Source:

S.L. 1919, ch. 188, § 3; 1925 Supp., § 375b3; S.L. 1927, ch. 262, § 1; R.C. 1943, § 46-0102; S.L. 1959, ch. 372, § 51; 1973, ch. 365, § 1; 1983, ch. 571, § 2; 1987, ch. 547, § 1; 1999, ch. 474, § 3.

DECISIONS UNDER PRIOR LAW

Analysis

Bills.

All bills for state printing were required to be passed upon and approved by the state printing commission. State ex rel. Bismarck Tribune v. Steen, 60 N.D. 627, 236 N.W. 251, 1931 N.D. LEXIS 212 (N.D. 1931).

Placing of Orders.

Under prior statute the printing commission was charged with the duty of placing orders as required by the several state departments, and could place only such printing as was reasonably required during the biennial period. Bismarck Tribune Co. v. State, 50 N.D. 301, 195 N.W. 823, 1923 N.D. LEXIS 104 (N.D. 1923).

46-01-03. State printer — Duties. [Repealed]

Repealed by S.L. 1959, ch. 372, § 117.

CHAPTER 46-02 Printing and Binding, General Provisions

46-02-01. Printing and binding — Duties of the office of management and budget.

The office of management and budget shall have charge of all the printing required to be done for all state agencies except as otherwise provided by section 46-02-09.

Source:

S.L. 1890, ch. 119, § 22; R.C. 1895, § 61; R.C. 1905, § 61; C.L. 1913, § 72; R.C. 1943, § 46-0201; S.L. 1959, ch. 372, § 52; 1987, ch. 547, § 2; 1995, ch. 432, § 1; 1999, ch. 474, § 4.

Cross-References.

Office of management and budget, see N.D.C.C. ch. 54-44.

Use of state services or property for political purposes, see N.D.C.C. § 16.1-10-02.

DECISIONS UNDER PRIOR LAW

Approval of Claims.

The provisions in S.L. 1927, ch. 179, § 33, requiring that all claims for money expended by motor vehicle registration department be approved by auditing board and registrar, did not apply to claims falling within special exception of the printing statutes. State ex rel. Bismarck Tribune v. Steen, 60 N.D. 627, 236 N.W. 251, 1931 N.D. LEXIS 212 (N.D. 1931).

46-02-02. Union label on printed matter — Prerequisite — Penalty.

Unconstitutional.

Notes to Decisions

Unconstitutional.

This section is invalid and unconstitutional since it is discriminatory and grants special privileges, in violation of section 20 of the constitution, to printers having the right to use the label of the International Typographical Union and it discriminates against all printers who may have the right to use other labels, or who may have no union label at all. 115 N.W.2d 18, 1962 N.D. LEXIS 75.

46-02-03. Paper — Quality. [Repealed]

Repealed by S.L. 1987, ch. 547, § 11.

46-02-04. Classes of printing.

The printing of the state is divided into the following classes:

  1. The printing of bills and resolutions of the legislative assembly constitutes the first class. However, certain bills and resolutions may be excepted from this class, as directed by officers of the legislative assembly or as provided for in the rules of the senate and the house of representatives.
  2. The printing and binding of the journals of the senate and the house of representatives constitutes the second class.
  3. The printing and binding of the reports and other documents that are prepared and submitted to the governor and secretary of state, and which make up the governmental biennial reports in accordance with sections 54-06-03 and 54-06-04, constitutes the third class. This class does not include the official budget report.
  4. The printing and binding of the volumes of laws and legislative resolutions constitutes the fourth class.
  5. All printing not included in the foregoing classes constitutes the sixth class.

Source:

S.L. 1890, ch. 119, § 2; R.C. 1895, § 39; R.C. 1899, § 39; R.C. 1905, § 38; C.L. 1913, § 46; S.L. 1921, ch. 98, § 1; 1925 Supp., § 46; R.C. 1943, § 46-0204; S.L. 1951, ch. 275, § 2; 1957 Supp., § 46-0204; S.L. 1959, ch. 327, § 1; 1959, ch. 372, § 54; 1963, ch. 346, § 47; 1971, ch. 449, § 1; 1973, ch. 366, § 1; 1975, ch. 466, § 38; 1979, ch. 187, § 108; 1987, ch. 547, § 3; 1991, ch. 482, § 1; 1995, ch. 350, § 37; 2001, ch. 404, § 1.

DECISIONS UNDER PRIOR LAW

State Printing.

State printing of the fifth class was not required to bear the labels of the branch of the International Typographical Union of the city in which it was printed. Kidder County Farmers Press v. State, 68 N.D. 418, 280 N.W. 876, 1938 N.D. LEXIS 127 (N.D. 1938).

Collateral References.

Determination of amount involved in contract within statutory provision requiring public contracts involving sums exceeding specified amount to be let to lowest bidder, 53 A.L.R.2d 498.

Revocation, prior to execution of formal written contract, of vote or decision of public body awarding contract to bidder, 3 A.L.R.3d 864.

Public contracts: authority of state or its subdivision to reject all bids, 52 A.L.R.4th 186.

Right of bidder for state or municipal contract to rescind bid on ground that bid was based upon his own mistake or that of his employee, 2 A.L.R.4th 991.

46-02-05. Printing services — Classifications 1, 2, and 4 — Form, style, quantity, timing specifications.

The legislative assembly may enter an agreement with central duplicating services of the office of management and budget to print materials in classifications 1, 2, and 4, before any regular, reconvened, or special session. Alternatively, the legislative assembly may request the office of management and budget, at least two months immediately preceding a regular session of the legislative assembly, invite sealed bids for doing all printing constituting each of classifications 1, 2, and 4, required by the legislative assembly for the two succeeding years commencing with the first day of December next following the date of the contract. The invitation for bids for the classes of printing under this section must include the specifications for form, style, quantity, and timing in accordance with the rules of the senate and house of representatives of the previous legislative session or as directed by the legislative council. All bids must specify the price and cost for which the printing work will be performed and the stock furnished.

Source:

S.L. 1890, ch. 119, § 3; R.C. 1895, § 40; R.C. 1899, § 40; R.C. 1905, § 39; C.L. 1913, § 47; S.L. 1935, ch. 226, § 1; R.C. 1943, § 46-0205; S.L. 1951, ch. 275, § 3; 1957 Supp., § 46-0205; S.L. 1959, ch. 372, § 55; 1969, ch. 401, § 1; 1987, ch. 547, § 4; 2001, ch. 404, § 2; 2021, 1st Sp. Sess. ch. 560, § 1, effective November 12, 2021.

46-02-06. Opening of bids — Awards.

If the legislative assembly requests the office of management and budget to invite bids for printing materials in classifications 1, 2, and 4, the office of management and budget shall award the contract for classifications 1, 2, and 4 of printing to the lowest bidder, subject to the provisions of this title. If two or more persons bid the same and the lowest price for any class of printing, the office of management and budget shall award the contract to one or more of the lowest bidders as the office of management and budget believes will best serve the interests of the state.

Source:

S.L. 1890, ch. 119, § 6; R.C. 1895, § 44; R.C. 1899, § 44; R.C. 1905, § 43; C.L. 1913, § 51; S.L. 1921, ch. 98, § 2; 1925 Supp., § 51; R.C. 1943, § 46-0206; S.L. 1951, ch. 275, § 4; 1957 Supp., § 46-0206; S.L. 1959, ch. 372, § 56; 1987, ch. 547, § 5; 2001, ch. 404, § 3; 2021, 1st Sp. Sess. ch. 560, § 2, effective November 12, 2021.

DECISIONS UNDER PRIOR LAW

Contract.

Statute providing for printing and distribution of laws and documents contemplated that the state printing and binding be done by contract, and the holder of the contract was entitled to all work of the class reasonably included in the contract during the biennial period covered thereby. Bismarck Tribune Co. v. State, 50 N.D. 301, 195 N.W. 823, 1923 N.D. LEXIS 104 (N.D. 1923).

46-02-07. Proposals — How made.

Each proposal for classifications 1, 2, and 4 of state printing let under competitive bids must be in writing, sealed, and addressed to the office of management and budget. The office of management and budget may reject any bid made by anyone other than a regularly established and thoroughly competent printer and also may reject any or all bids if in its judgment the best interests of the state would be subserved thereby.

Source:

S.L. 1890, ch. 119, § 5; R.C. 1895, § 43; R.C. 1899, § 43; R.C. 1905, § 42; C.L. 1913, § 50; R.C. 1943, § 46-0207; S.L. 1951, ch. 275, § 5; 1957 Supp., § 46-0207; S.L. 1959, ch. 372, § 57; 1987, ch. 547, § 6; 1993, ch. 447, § 1; 2001, ch. 404, § 4.

46-02-08. Bids — When received — Not changed.

No bids may be received after the hour specified in the published notice. No bid may be changed after the same has been received.

Source:

R.C. 1895, § 74; R.C. 1899, § 74; R.C. 1905, § 74; C.L. 1913, § 99; R.C. 1943, § 46-0208.

46-02-09. Printing classifications 3 and 6 — Procured by the office of management and budget.

All state printing in classifications 3 and 6 must be purchased by the office of management and budget, or delegated, according to chapter 54-44.4, unless the work is done by the central duplicating service of the office of management and budget.

Source:

S.L. 1890, ch. 119, § 3; R.C. 1895, § 40; R.C. 1899, § 40; R.C. 1905, § 39; C.L. 1913, § 47; S.L. 1935, ch. 226, § 2; R.C. 1943, § 46-0209; S.L. 1945, ch. 275, § 6; 1957 Supp., § 46-0209; S.L. 1959, ch. 372, § 58; 1965, ch. 306, § 1; 1973, ch. 367, § 1; 1981, ch. 456, § 1; 1987, ch. 547, § 7; 1995, ch. 432, § 2; 1999, ch. 474, § 5; 2001, ch. 404, § 5.

DECISIONS UNDER PRIOR LAW

Contract.

A contract for the sale of material, the furnishing of labor, the renting of printing machinery, and other property necessary to conduct a printing plant was not necessarily a subletting of the printing contract in violation of the statute. State ex rel. Miller v. Hall, 25 N.D. 85, 141 N.W. 124, 1913 N.D. LEXIS 102 (N.D. 1913).

46-02-10. Printing and binding done without unnecessary delay — Time within which laws and public documents must be delivered — How extension granted.

  1. Each contractor under this chapter, promptly and without unnecessary delay, shall execute all orders issued to that contractor by the legislative assembly, either branch of the legislative assembly, the legislative council, or the office of management and budget on behalf of the executive officers of the state.
  2. Volumes of public documents must be delivered to the secretary of state in accordance with the deadline provided in the contract for printing. The session laws must be completed and delivered to the secretary of state in accordance with the deadline provided in the contract for printing.
  3. The legislative council, with the assistance of the secretary of state, with reasonable expedition, shall furnish a printing contractor, if any, with true and correct copies of the laws and resolutions to be contained in the session laws and copy for the index to the session laws.
  4. The office of management and budget, with the concurrence of the legislative council in the case of a contractor for the printing of the session laws or journals, for good cause shown, may extend the time for the execution of any printing contract.

Source:

S.L. 1890, ch. 119, § 14; R.C. 1895, § 53; R.C. 1899, § 53; R.C. 1905, § 52; C.L. 1913, § 60; R.C. 1943, § 46-0210; S.L. 1959, ch. 372, § 59; 1971, ch. 450, § 1; 1981, ch. 457, § 1; 1987, ch. 547, § 8; 2021, 1st Sp. Sess. ch. 560, § 3, effective November 12, 2021.

46-02-11. Contractor — Failure on contract — Cancellation of contract — Penalty. [Repealed]

Repealed by S.L. 1987, ch. 547, § 11.

46-02-12. The office of management and budget — Inferior printing and work.

The office of management and budget may reject any and all printing that is not done in a workmanlike manner or with good material and with ordinary promptness. It may require contractors to present specimen pages of type they propose to use, and may reject the same in its discretion and require new material. Its ruling and determination are final and conclusive on the contractor. Only good, clean, and satisfactory work may be accepted, and it must be done within a reasonable time. The action of the office in this matter is final and conclusive upon such contractor and the contractor’s sureties.

Source:

S.L. 1890, ch. 119, § 15; R.C. 1895, § 54; R.C. 1899, § 54; R.C. 1905, § 53; C.L. 1913, § 61; R.C. 1943, § 46-0212; S.L. 1959, ch. 372, § 61; 1987, ch. 547, § 9.

46-02-13. Printing accounts — How certified and paid. [Repealed]

Repealed by S.L. 1987, ch. 547, § 11.

46-02-14. Copies of documents to accompany bills for printing. [Repealed]

Repealed by S.L. 1997, ch. 386, § 1.

46-02-15. Public printing resident bidder preference.

If practicable, all state, county, and other political subdivision public printing, binding, and blank book manufacturing, blanks, and other printed stationery must be awarded to a resident North Dakota bidder as defined in section 44-08-02.

Source:

R.C. 1895, § 1807; S.L. 1899, ch. 125, § 1; R.C. 1899, § 1807; R.C. 1905, § 2282; S.L. 1907, ch. 185, § 1; C.L. 1913, § 3176; S.L. 1941, ch. 232, § 1; R.C. 1943, § 46-0215; S.L. 1973, ch. 368, § 1; 2007, ch. 393, § 1.

Notes to Decisions

Constitutionality.

This statute as set forth in R.C. 1895 was not repugnant to section 8, article 1 of the U.S. constitution. Knight v. Barnes, 7 N.D. 591, 75 N.W. 904 (N.D. 1898).

Supplies.

County printing includes all supplies of printed matter necessarily used by county officials in discharging their duties. Knight v. Barnes, 7 N.D. 591, 75 N.W. 904 (N.D. 1898).

Collateral References.

Validity of state statute or local ordinance requiring, or giving preference to, the employment of residents by contractors or subcontractors engaged in, or awarded contracts for, the construction of public works or improvements, 36 A.L.R.4th 941.

46-02-16. Voucher for printing — Contents. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

46-02-17. Serial numbering of forms — Penalty.

All printed forms for acknowledging the receipt of cash, and for warrants, checks, or other orders for the payment or disbursement of funds supplied to municipalities, as defined by chapter 21-03, must be serially numbered by the printer, and no printer may furnish any unnumbered copies of said forms to any municipality. Any person violating the provisions of this section is guilty of a class A misdemeanor.

Source:

S.L. 1943, ch. 210, §§ 1, 2; R.C. 1943, § 46-0217; S.L. 1975, ch. 106, § 516.

Cross-References.

Classification of offenses; penalties, see N.D.C.C. § 12.1-32-01.

46-02-18. Maximum cost of public printing. [Repealed]

Repealed by S.L. 1987, ch. 547, § 11.

46-02-19. Unlawful for public officials to place name on public documents in large-size type — Penalty. [Repealed]

Repealed by S.L. 1997, ch. 386, § 1.

46-02-20. In-plant print shops.

Except for materials to be printed for the legislative assembly, central duplicating services of the office of management and budget, and departments, institutions, state offices, and printing services under the jurisdiction of the board of higher education, with the exception of the state college of science, university of North Dakota, North Dakota state university, and Valley City state university, may not provide the following services: printing or duplicating of all coated stock; continuous forms; snap-out forms; envelopes over twenty thousand; process color, except for jobs generated on computer printers which do not exceed eleven inches [27.94 centimeters] by seventeen inches [43.18 centimeters] and five hundred total image pages; and print or duplicate paper larger than eleven inches [27.94 centimeters] by seventeen inches [43.18 centimeters], excluding work done on plotters.

Source:

S.L. 1987, ch. 548, § 1; 2007, ch. 393, § 2; 2007, ch. 394, § 1; 2021, 1st Sp. Sess. ch. 560, § 4, effective November 12, 2021.

CHAPTER 46-03 Printing of Executive and Legislative Matter

46-03-01. Governor’s messages — How printed.

All regular messages from the governor and all inaugural messages of the governor-elect must be printed in pamphlet form.

Source:

S.L. 1890, ch. 119, § 19; R.C. 1895, § 58; R.C. 1899, § 58; R.C. 1905, § 57; C.L. 1913, § 65; R.C. 1943, § 46-0301; S.L. 1951, ch. 275, § 8; 1957 Supp., § 46-0301.

46-03-02. Executive and public documents and reports — How printed. [Repealed]

Repealed by S.L. 1963, ch. 346, § 73.

46-03-03. Reports of state officers — Number printed. [Repealed]

Repealed by S.L. 1951, ch. 275, § 17.

46-03-04. Blue books — Printing — Distribution. [Repealed]

Repealed by omission from this code.

46-03-05. Bills, resolutions, and journals — Printing.

The printing or reproduction of legislative bills, resolutions, and journals must be in accordance with the rules of the senate and house of representatives of the state of North Dakota.

Source:

S.L. 1890, ch. 119, § 7; R.C. 1895, § 45; R.C. 1899, § 45; R.C. 1905, § 44; S.L. 1913, ch. 202, § 1; C.L. 1913, § 52; S.L. 1937, ch. 186, § 2; 1941, ch. 219, § 2; R.C. 1943, § 46-0305; S.L. 1945, ch. 266, § 1; 1957, ch. 307, § 1; 1957 Supp., § 46-0305; S.L. 1959, ch. 327, § 2.

46-03-06. Calendar of bills and resolutions — Contents — Synopsis — Edited by clerk — Copies furnished on request. [Repealed]

Repealed by S.L. 1973, ch. 369, § 1.

46-03-07. Legislative journals — How printed — Filed with secretary of state. [Repealed]

Repealed by S.L. 1959, ch. 327, § 7.

46-03-08. Journals — How printed. [Repealed]

Repealed by S.L. 1959, ch. 327, § 7.

46-03-09. Journals and laws — Number printed. [Repealed]

Repealed by S.L. 1951, ch. 275, § 17.

46-03-10. Arranging and correcting laws.

In arranging the laws, memorials, and resolutions for publication, the legislative council shall make such corrections in orthography, grammatical construction, and punctuation of the same as in its judgment are proper. When any law published in the code contains a reference to customary weights and measures, the equivalent weights and measures of the metric system must be added to the law as an insertion. When any such words or clauses are inserted, the same must be enclosed in brackets. In arranging the laws for publication and in publishing and maintaining the laws, the legislative council may change statutory references to numbers and letters to correct references to redesignated or repealed chapters, sections, or portions of sections and change statutory references to institutions, agencies, offices, and officers to be consistent with other statutory usage and constitutional provisions.

Source:

Pol. C. 1877, ch. 3, § 2; R.C. 1895, § 77; R.C. 1899, § 77; R.C. 1905, § 77; C.L. 1913, § 102; R.C. 1943, § 46-0310; S.L. 1969, ch. 448, § 18; 1977, ch. 421, § 1; 2003, ch. 391, § 1.

46-03-11. Publication of session laws and pocket supplements.

The secretary of state and the legislative council shall correct ministerial or clerical errors and supervise the publication of the session laws and pocket part supplements to this code in a manner and form prescribed by the legislative council, correlating each year’s laws with this code.

Source:

S.L. 1905, ch. 162, § 1; R.C. 1905, § 78; C.L. 1913, § 103; R.C. 1943, § 46-0311; S.L. 1947, ch. 303, § 1; 1957 Supp., § 46-0311; S.L. 1969, ch. 448, § 19; 1981, ch. 457, § 3; 1985, ch. 506, § 1.

Law Reviews.

Article: The Uniform Electronic Legal Material Act: “Desirable And Practicable” For North Dakota? 87 N.D. L. Rev. 325 (2011).

46-03-11.1. Publication of Constitution of North Dakota — Numbering and arrangement.

The Constitution of North Dakota must be published in a format that will correlate and integrate all constitutional provisions in a numbering arrangement that avoids ambiguity and duplication and that aids in placing constitutional amendments into the constitution. The Constitution of North Dakota, as presently numbered and arranged, must be republished in this new format by the legislative council. The publication of the constitution under the format authorized by this section must be accomplished when the code volume containing the constitution is replaced.

Source:

S.L. 1979, ch. 481, § 1.

Law Reviews.

Sovereign Immunity — Judicial Abrogation of North Dakota’s Sovereign Immunity Results in Its Possible Legislative Reassertion and Legislation to Provide Injured Parties with a Remedy for the Torts Committed by the State or Its Agents, 71 N.D. L. Rev. 761 (1995).

Article: The Uniform Electronic Legal Material Act: “Desirable And Practicable” For North Dakota? 87 N.D. L. Rev. 325 (2011).

46-03-11.2. Publication of the century code.

The legislative council may establish specifications for publication of this code and contract with a publisher with respect to editorial, information processing, and publication services. The legislative council may continue any agreement with the publisher and may contract for continuing editorial work and publication services to assure continuity in editorial preparation, printing, and binding of supplements and replacement volumes of the code as long as the council deems it to the advantage and best interests of the state. Chapters 46-01 and 46-02 do not apply to any contract under this section.

Source:

S.L. 1991, ch. 483, § 1.

Law Reviews.

Article: The Uniform Electronic Legal Material Act: “Desirable And Practicable” For North Dakota? 87 N.D. L. Rev. 325 (2011).

46-03-12. Popular edition of session laws — How printed — Classification. [Repealed]

Repealed by S.L. 1951, ch. 275, § 17.

46-03-13. Authentication of popular edition of session laws — Date of distribution. [Repealed]

Repealed by S.L. 1951, ch. 275, § 17.

46-03-14. Official and authenticated edition of session laws — How printed — Classification. [Repealed]

Repealed by S.L. 1951, ch. 275, § 17.

46-03-15. Authentication of session laws.

All laws contained in the session laws must be printed or published with the word “approved” and the date of approval and with the word “filed” and the date of filing. In each authenticated volume of the session laws there must be a general certificate made by the secretary of state and the legislative council to the effect that all laws, memorials, and resolutions contained therein are correct copies of the originals in the office of the secretary of state.

Source:

S.L. 1890, ch. 119, § 18; R.C. 1895, § 57; R.C. 1899, § 57; R.C. 1905, § 56; C.L. 1913, § 64; R.C. 1943, § 46-0315; S.L. 1951, ch. 275, § 11; 1957 Supp., § 46-0315; S.L. 1969, ch. 448, § 20; 1987, ch. 549, § 1.

Law Reviews.

Article: The Uniform Electronic Legal Material Act: “Desirable And Practicable” For North Dakota? 87 N.D. L. Rev. 325 (2011).

46-03-16. Style and binding of executive reports. [Repealed]

Repealed by S.L. 1951, ch. 275, § 17.

46-03-17. Authority to increase number of session laws, journals, and other material printed vested in state publication and printing commission. [Repealed]

Repealed by S.L. 1951, ch. 275, § 17.

46-03-18. Copies of journals and legislative documents to be furnished printer.

The secretary of the senate and the chief clerk of the house shall furnish journal copy for their respective houses and copies of legislative documents to the printer of the legislative documents or daily journals. A contractor is not accountable under section 46-02-10 for any delay occasioned by the failure to furnish the copy on a timely basis.

Source:

S.L. 1890, ch. 119, § 17; R.C. 1895, § 56; R.C. 1899, § 56; R.C. 1905, § 55; C.L. 1913, § 63; R.C. 1943, § 46-0318; S.L. 1969, ch. 448, § 21; 1981, ch. 457, § 4; 2021, 1st Sp. Sess. ch. 560, § 5, effective November 12, 2021.

46-03-19. When documents officially printed — Faith and credit given.

All laws, journals, and documents printed and published by central duplicating services of the office of management and budget or any contractor under this title, and duly certified by the secretary of state and the legislative council as provided in section 46-03-15 or rules of the senate and house of representatives, are deemed officially to be printed and published, and full faith and credit must be given to them as such.

Source:

S.L. 1890, ch. 119, § 31; R.C. 1895, § 70; R.C. 1899, § 70; R.C. 1905, § 70, C.L. 1913, § 90; R.C. 1943, § 46-0319; S.L. 1969, ch. 448, § 22; 1991, ch. 482, § 2; 2021, 1st Sp. Sess. ch. 560, § 6, effective November 12, 2021.

46-03-20. Omitted statutes not repealed.

Any statute “Omitted” from this code accompanied by a note stating the statute was “Omitted as a statute not of a general and permanent nature” or a note stating the statute was “Not repealed but omitted as a statute not of a general and permanent nature” may not be construed as repealed by virtue of its omission from this code.

CHAPTER 46-03.1 Uniform Electronic Legal Material Act

46-03.1-01. Definitions.

  1. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
  2. “Legal material” means, whether or not in effect:
    1. The Constitution of North Dakota.
    2. The North Dakota Century Code.
    3. The North Dakota Session Laws, also known as the Laws of North Dakota.
    4. The North Dakota Administrative Code.
  3. “Official publisher” means the North Dakota legislative council, for the Constitution of North Dakota, North Dakota Century Code, North Dakota Session Laws, and North Dakota Administrative Code.
  4. “Publish” means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher.
  5. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
  6. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Source:

S.L. 2013, ch. 344, § 1.

Law Reviews.

Article: The Uniform Electronic Legal Material Act: “Desirable And Practicable” For North Dakota? 87 N. Dak. L. Rev. 325 (2011).

46-03.1-02. Applicability.

This chapter applies to all legal material in an electronic record that is designated as official under section 46-03.1-03 and published electronically after July 31, 2013.

Source:

S.L. 2013, ch. 344, § 1.

46-03.1-03. Legal material in official electronic record.

  1. If an official publisher publishes legal material only in an electronic record, the publisher shall:
    1. Designate the electronic record as official; and
    2. Comply with sections 46-03.1-04, 46-03.1-06, and 46-03.1-07.
  2. An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with sections 46-03.1-04, 46-03.1-06, and 46-03.1-07.

Source:

S.L. 2013, ch. 344, § 1.

46-03.1-04. Authentication of official electronic record.

An official publisher of legal material in an electronic record that is designated as official under section 46-03.1-03 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher.

Source:

S.L. 2013, ch. 344, § 1.

46-03.1-05. Effect of authentication.

  1. Legal material in an electronic record that is authenticated under section 46-03.1-04 is presumed to be an accurate copy of the legal material.
  2. If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.
  3. A party contesting the authentication of legal material in an electronic record authenticated under section 46-03.1-04 has the burden of proving by a preponderance of the evidence that the record is not authentic.

Source:

S.L. 2013, ch. 344, § 1.

46-03.1-06. Preservation and security of legal material in official electronic record.

  1. An official publisher of legal material in an electronic record that is or was designated as official under section 46-03.1-04 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.
  2. If legal material is preserved under subsection 1 in an electronic record, the official publisher shall:
    1. Ensure the integrity of the record;
    2. Provide for backup and disaster recovery of the record; and
    3. Ensure the continuing usability of the material.

Source:

S.L. 2013, ch. 344, § 1.

46-03.1-07. Public access to legal material in official electronic record.

An official publisher of legal material in an electronic record that is required to be preserved under section 46-03.1-06 shall ensure that the material is reasonably available for use by the public on a permanent basis.

Source:

S.L. 2013, ch. 344, § 1.

46-03.1-08. Standards.

In implementing this chapter, an official publisher of legal material in an electronic record shall consider:

  1. Standards and practices of other jurisdictions;
  2. The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;
  3. The needs of users of legal material in an electronic record;
  4. The views of governmental officials and entities and other interested persons; and
  5. To the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to this chapter.

Source:

S.L. 2013, ch. 344, § 1.

46-03.1-09. Uniformity of application and construction.

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source:

S.L. 2013, ch. 344, § 1.

46-03.1-10. Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any of the notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].

Source:

S.L. 2013, ch. 344, § 1.

CHAPTER 46-04 Distribution of Public Documents

46-04-01. Official distribution of state laws — Secretary of state to control.

Each member of the legislative assembly and each constitutional officer of the state and each judge of the supreme and district courts for the use of their respective offices and departments is entitled to receive from the state a copy of any publication of the laws of the state and of any compilation or codification thereof published under authority of the state. The district court in every county in the state is entitled to a copy of such publications. The codification of laws of the state received by each member of the legislative assembly is subject to section 54-03-23. The secretary of state shall designate other offices and agencies of the state that are entitled to receive copies of any such publication of the laws for the use of such state offices and agencies and also shall determine the number of copies of any publication to be received by any recipient in a distribution under the provisions of this section, if more than one copy is needed by such recipient for official use. All agencies that are funded entirely from special state funds or federal funds must be charged for the actual cost of each copy of such publications that the agency requests.

Source:

S.L. 1913, ch. 199, § 1; C.L. 1913, § 81; R.C. 1943, § 46-0401; S.L. 1951, ch. 275, § 12; 1957 Supp., § 46-0401; S.L. 1961, ch. 332, § 18; 1979, ch. 538, § 1; 1981, ch. 320, § 107; 1989, ch. 551, § 1.

Law Reviews.

Article: The Uniform Electronic Legal Material Act: “Desirable And Practicable” For North Dakota? 87 N.D. L. Rev. 325 (2011).

46-04-02. State libraries entitled to receive copy of state laws.

The state libraries shall receive copies of the session laws, compilations, or codifications as follows:

  1. The supreme court law library, five copies.
  2. The law library of the state university and the school of mines, fifty copies.
  3. The library in each state institution of higher education and junior college which receives state support, one copy.

Source:

S.L. 1890, ch. 179, § 1; R.C. 1895, § 894; R.C. 1899, § 894; R.C. 1905, § 1059; S.L. 1913, ch. 199, § 2; C.L. 1913, §§ 82, 1558; R.C. 1943, § 46-0402; S.L. 1961, ch. 294, § 1; 1971, ch. 451, § 1.

46-04-03. Distribution of session laws, compilations, and codifications by secretary of state.

The secretary of state, as soon as conveniently can be done after the publication of any session laws, compilations, or codifications, shall cause copies thereof to be distributed as provided in sections 46-04-01 and 46-04-02. The secretary of state, in addition, shall furnish to the legislative assembly such additional copies as are necessary upon resolution of the respective branches or committees thereof and shall furnish to each member of the legislative assembly, upon demand therefor, such current volumes of laws as have not been obtained through service in previous sessions.

Source:

S.L. 1913, ch. 199, § 3; C.L. 1913, § 83; R.C. 1943, § 46-0403; S.L. 1951, ch. 275, § 13; 1957 Supp., § 46-0403.

46-04-04. Session laws, compilations, and codifications remain property of state.

Except as otherwise provided by law, each copy of laws, compilations, or codifications furnished to any officer, department, or agency of the state, or to the legislative assembly, its officers, or committees is and must remain the property of the state and must be surrendered to the secretary of state or to the recipient’s successor in office.

Source:

S.L. 1913, ch. 199, § 4; C.L. 1913, § 84; R.C. 1943, § 46-0404; S.L. 1951, ch. 275, § 14; 1957 Supp., § 46-0404.

46-04-05. Distribution of session laws, compilations, and codifications to county officers.

The board of county commissioners of each county, immediately after the publication of any session laws, codes, or compilations, shall cause a copy thereof to be furnished to the following county officers upon request:

  1. Auditor.
  2. State’s attorney.
  3. Ex officio clerk of court.
  4. Sheriff.

If any of the offices legally have been combined in the county, only one copy of the session laws, codes, or compilations requested must be furnished for the combined offices. Any codifications and copies of the session laws remain the permanent property of the county.

Source:

S.L. 1913, ch. 199, § 6; C.L. 1913, § 86; R.C. 1943, § 46-0405; S.L. 1945, ch. 269, § 1; 1957 Supp., § 46-0405; S.L. 1981, ch. 320, § 108; 1991, ch. 326, § 171; 1999, ch. 278, § 75; 2017, ch. 314, § 1, effective August 1, 2017.

46-04-06. Distribution of session laws, compilations, and codifications in municipalities. [Repealed]

Repealed by S.L. 1951, ch. 275, § 17.

46-04-07. Marking session laws, codifications, and compilations — Distinctive color and wording.

All session laws, compilations, and codifications distributed under sections 46-04-01 to 46-04-04, except those issued to a member of the legislative assembly through service, must be bound in some distinctive and unusual color, and must be marked plainly in large letters on the outside covers with the words “Property of the State of North Dakota”.

Source:

S.L. 1913, ch. 199, § 5; C.L. 1913, § 85; R.C. 1943, § 46-0407; S.L. 1957, ch. 308, § 1; 1957 Supp., § 46-0407.

46-04-08. Retention of ownership of session laws, compilations, and codifications distributed by municipalities.

Each copy of laws, compilations, or codifications distributed by a county or other municipality forever must remain the property thereof, and, at the end of an officer’s term, must be delivered by each officer to that officer’s successor.

Source:

S.L. 1913, ch. 199, § 8; C.L. 1913, § 88; R.C. 1943, § 46-0408.

46-04-09. Unauthenticated edition of session laws — Distribution. [Repealed]

Repealed by S.L. 1951, ch. 275, § 17.

46-04-10. Duties of secretary of state — Exchange of laws with other states.

The secretary of state may distribute copies of all laws passed by each legislative assembly and all compilations or codifications of the same, whenever it seems desirable:

  1. In exchange for like publications of other states.
  2. To replace copies lost or damaged in official use.
  3. To provide copies as needed to state officers, boards, commissions, institutions, or agencies of the state.
  4. To provide copies as needed to the national conference of commissioners on uniform state laws.

Source:

S.L. 1913, ch. 199, § 9; C.L. 1913, § 89; S.L. 1927, ch. 205; R.C. 1943, § 46-0410; S.L. 1951, ch. 275, § 15; 1955, ch. 289, § 1; 1957 Supp., § 46-0410; S.L. 1961, ch. 332, § 19.

46-04-11. Distribution of executive documents. [Repealed]

Repealed by S.L. 1963, ch. 346, § 73.

46-04-12. Distribution of journals.

Copies of the permanent journal must be distributed in accordance with the rules of the senate and house of representatives of the state of North Dakota.

Source:

S.L. 1890, ch. 119, § 25; R.C. 1895, § 64; R.C. 1899, § 64; R.C. 1905, § 64; C.L. 1913, § 75; R.C. 1943, § 46-0412; S.L. 1959, ch. 327, § 3.

46-04-13. Secretary of state to furnish documents to state and United States officials. [Repealed]

Repealed by S.L. 1963, ch. 346, § 73.

46-04-14. Secretary of state to forward laws to counties.

As soon as the laws of each session of the legislative assembly are printed and ready for distribution, the secretary of state shall forward those to which each county is entitled to the county auditor of the county.

Source:

S.L. 1890, ch. 119, § 28; R.C. 1895, § 67; R.C. 1899, § 67; R.C. 1905, § 67; C.L. 1913, § 78; R.C. 1943, § 46-0414; S.L. 1959, ch. 327, § 5; 1973, ch. 346, § 48.

46-04-15. Delivery of laws and documents by county auditor.

The county auditor shall deliver such publications to such persons and institutions as are entitled to receive them, when requested so to do, and shall take receipts therefor and file the same in the county auditor’s office subject to inspection.

Source:

S.L. 1890, ch. 119, § 30; R.C. 1895, § 69; R.C. 1899, § 69; R.C. 1905, § 69; C.L. 1913, § 80; R.C. 1943, § 46-0415; S.L. 1959, ch. 327, § 6.

46-04-16. Officers to deliver volumes of laws to successors.

Whenever any person is elected to fill any of the county, township, or district offices in this state, such person, before taking possession of the office, shall procure from the county auditor of that person’s county a copy of the receipts filed with such auditor by the outgoing officer for any volumes of the laws of this state. Such copy of the receipt must be exhibited by the person so elected to that person’s predecessor in office at the time the person assumes the duties of office, and the person shall require from that predecessor all the volumes of laws which the predecessor may have received as shown by such receipt. Such officer after having received from the predecessor the volumes of laws shall make out duplicate receipts of the same, one of which receipts the person shall give to the predecessor in office and the other of which the person shall transmit forthwith to the county auditor of the county, who shall file the same in the auditor’s office.

Source:

Pol. C. 1877, ch. 3, § 7; R.C. 1895, § 78; R.C. 1899, § 78; R.C. 1905, § 79; C.L. 1913, § 104; R.C. 1943, § 46-0416.

46-04-17. Where laws, journals, and documents preserved.

All copies of the journals, executive documents, and laws which are not distributed under this title must be preserved in the office of the secretary of state, subject to distribution as provided by law or rules of the senate and house of representatives.

Source:

S.L. 1890, ch. 119, § 32; R.C. 1895, § 71; R.C. 1899, § 71; R.C. 1905, § 71; C.L. 1913, § 91; R.C. 1943, § 46-0417; S.L. 1991, ch. 482, § 3.

46-04-18. Secretary of state to sell certain laws.

During the biennium immediately after publication, the secretary of state must sell copies of the session laws for the cost of publication and handling plus ten percent. In subsequent bienniums the secretary of state may determine and set a price for the copies of the session laws not sold in the biennium immediately after their publication. The price set should maximize the recovery of the cost of publication and handling and minimize the number of volumes subject to disposal under section 46-04-19. All moneys received under the provisions of this section must be paid over to the state treasurer and credited to the general fund.

Source:

Pol. C. 1877, ch. 3, § 10; R.C. 1895, § 79; R.C. 1899, § 79; R.C. 1905, § 80; C.L. 1913, § 105; R.C. 1943, § 46-0418; S.L. 1951, ch. 275, § 16; 1957 Supp., § 46-0418; S.L. 1961, ch. 96, § 4; 1993, ch. 448, § 1.

46-04-19. Secretary of state may dispose of laws.

The secretary of state may dispose of all volumes of the laws that are ten or more years old, except one volume of each that must be retained for historical purposes.

Source:

S.L. 1945, ch. 268, § 1; R.C. 1943, 1957 Supp., § 46-0419; S.L. 1965, ch. 307, § 1; 1977, ch. 422, § 1; 1995, ch. 433, § 1.

46-04-20. Destruction of public records. [Repealed]

Repealed by S.L. 1971, ch. 512, § 2.

CHAPTER 46-05 Newspapers

46-05-01. Newspapers qualified to do legal printing — File copies with state historical society — Publishing notices in adjoining county.

Before any newspaper in this state is qualified to publish any legal notice or any matter required by law to be printed or published in some newspaper in the state, or any public notice for any political subdivision within this state, the newspaper must:

  1. Have been established in a regular and continuous circulation of at least one year, with a bona fide subscription list of at least one hundred fifty regular subscribers;
  2. Be nonsectarian and printed in English; and
  3. Have been admitted to the United States mails and have complied with the requirements of the federal laws governing periodicals mailing privileges for at least one year.

The owner or publisher of each legal newspaper shall send to the state historical society, to the address designated by the director, one copy of each issue of the newspaper. In a county in which no newspaper is published, any notice required by law to be published may be published in a newspaper published in an adjoining county and having a general circulation in the county.

Source:

S.L. 1890, ch. 120, § 1; R.C. 1895, § 1804; S.L. 1897, ch. 98, § 1; R.C. 1899, § 1804; S.L. 1905, ch. 139, § 1; R.C. 1905, § 2279; C.L. 1913, § 3173; S.L. 1943, ch. 209, § 1; R.C. 1943, § 46-0501; S.L. 1965, ch. 308, § 1; 1973, ch. 370, § 1; 1997, ch. 51, § 35; 2001, ch. 503, § 9; 2003, ch. 392, § 1.

DECISIONS UNDER PRIOR LAW

Mortgage Foreclosure Notice.

Under R.C. 1905, § 2279 prescribing the qualifications that a newspaper must possess to entitle it to publish legal notices, a mortgagee was not required to investigate the circulation of the paper if he published the notice of the foreclosure sale in a qualified newspaper. Bailey v. Hendrickson, 25 N.D. 500, 143 N.W. 134, 1913 N.D. LEXIS 135 (N.D. 1913).

Place of Printing.

The provisions of R.C. 1895, §§ 1804 to 1807, did not attempt to limit the county officials with respect to the place of printing either legal notices or other public printing, their purpose being to define the kind of newspapers within the state qualified to do such printing. Knight v. Barnes, 7 N.D. 591, 75 N.W. 904 (N.D. 1898).

Printing of Newspaper.

Printing of newspaper in English language was a prerequisite to the publishing of legal notice therein. Reuter v. Dickinson Bldg. & Loan Ass'n, 63 N.D. 673, 249 N.W. 778, 1933 N.D. LEXIS 223 (N.D. 1933).

Collateral References.

Validity of legislation relating to publication of legal notices, 26 A.L.R.2d 655.

Newspapers within statutes as to publication of notices for resale of repossessed property by conditional vendors, 49 A.L.R.2d 15.

What constitutes newspaper of “general circulation” within meaning of state statutes requiring publication of official notices and the like in such newspaper, 24 A.L.R.4th 822.

46-05-02. Publisher to file affidavit with county auditor. [Repealed]

Repealed by S.L. 2003, ch. 392, § 5.

46-05-03. Legal notices — Fees.

To effect uniformity, the office of management and budget may compute a standard price on those legal notices which are widely published such as ballots, insurance statements, and official proclamations. All newspapers must use the rates, type size, and column width as shown on its legal notice rate certification issued by the office of management and budget. Certifications must be issued within fifteen days after samples are submitted, or as soon thereafter as practicable.

The office of management and budget shall biennially review and adjust rates to reflect changes in economic conditions within the newspaper industry and the general economy, and those adjustments become effective on each July first following the review. These biennial changes may be percentage increases or decreases in the base rates, and they may incorporate revisions in the base rate structure. Whenever the office of management and budget considers an adjustment in the legal publication rates contained herein, it shall consult with representatives of the daily and weekly newspaper industry of the state and with representatives of state and local units of government.

Source:

S.L. 1887, ch. 51, § 1; R.C. 1895, § 2099; R.C. 1899, § 2099; R.C. 1905, § 2620; S.L. 1909, ch. 178, § 1; C.L. 1913, § 3540; S.L. 1921, ch. 93, § 1; 1923, ch. 270, § 1; 1925 Supp., § 3540; I.M. Nov. 8, 1932, S.L. 1933, p. 499; R.C. 1943, § 46-0503; S.L. 1947, ch. 302, § 1; 1953, ch. 273, § 1; 1957 Supp., § 46-0503; S.L. 1967, ch. 159, § 2; 1973, ch. 371, § 1; 1975, ch. 419, § 1; 1977, ch. 423, § 1; 1979, ch. 482, § 1; 1981, ch. 459, § 1; 1987, ch. 550, § 1; 1999, ch. 474, § 6; 2001, ch. 405, § 1.

Cross-References.

Office of management and budget, see N.D.C.C. ch. 54-44.

Notes to Decisions

Delinquent Tax Notices.

The rate of compensation for publishing legal notices is governed by the statutory provisions and is not determined by the amount received by the county treasurer for publication of notices of delinquent tax sales. Gossage v. Pennington County, 50 N.W. 618, 6 Dakota 105, 1888 Dakota LEXIS 68 (Dakota 1888).

Unnecessary and Unauthorized Composition.

Where a printer departs widely from the copy and from the directions given, in publishing a legal notice, adding useless and unnecessary composition, such composition is not a proper basis for computing the legal publication fee. Mandan News Publishing Co. v. Board of City Comm'rs, 49 N.D. 756, 193 N.W. 608, 1923 N.D. LEXIS 27 (N.D. 1923).

46-05-04. Rates and methods of computation applicable to legal notices and publications generally.

The rates or compensation and the method of calculating the same provided for in section 46-05-03 apply in all cases in which publication of legal notices of any kind, proceedings of the board of county commissioners, reports, election returns, and other publications and reports are required and allowed by law.

Source:

S.L. 1911, ch. 232, § 2; C.L. 1913, § 3309; R.C. 1943, § 46-0504.

46-05-05. Rates for political announcements — Labeling political matter — Penalty for violation. [Repealed]

Repealed by S.L. 2001, ch. 203, § 9.

46-05-06. Legal notices — Penalty for violations in printing.

Any person, association, corporation, or limited liability company publishing any legal notice or doing any public printing contrary to the provisions of this chapter shall be liable to a fine of not less than twenty-five dollars nor more than two hundred dollars and to a forfeiture of all pay for any such printing.

Source:

S.L. 1890, ch. 120, § 3; R.C. 1895, § 1806; R.C. 1899, § 1806; R.C. 1905, § 2281; C.L. 1913, § 3175; R.C. 1943, § 46-0506; 1993, ch. 54, § 106.

46-05-07. Publications of county meetings and notices.

In any county in which two or more newspapers having the qualifications prescribed in section 46-05-01 are published, the board of county commissioners, by resolution, may provide for publication of proceedings of the board of county commissioners and of notices and publications required by law to be published by any county officer in one or more of such newspapers in addition to the official publication in the official newspaper of the county. The provisions of section 46-05-03 do not apply to such additional publications.

Source:

S.L. 1959, ch. 118, § 1.

46-05-08. Contents of real property notices. [Repealed]

Repealed by S.L. 1975, ch. 420, § 1.

46-05-09. Publication of legal notices on website.

When a legal notice is required by law to be published in a newspaper, the newspaper also shall publish the notice on a statewide legal notices website maintained by the North Dakota newspaper association and on the newspaper’s website in a location open and free to the public, if the newspaper maintains a website, at no additional cost to the entity placing the notice. If an insubstantial error in the notice occurs as a result of placement on the website and the error is the fault of the newspaper, the error does not affect the validity and effectiveness of the notice.

Source:

S.L. 2019, ch. 377, § 1, effective August 1, 2019.

CHAPTER 46-06 Official Newspaper

46-06-01. Selection of official newspaper.

At the general election starting with the year 1978 and every four years thereafter, in accordance with section 46-06-06, the qualified electors in each county shall select one newspaper in the county, or if there is no newspaper published in the county, then a newspaper published in an adjoining county with general circulation in the first county, to be the official newspaper within such county.

Source:

S.L. 1919, ch. 187, §§ 1, 2; 1925 Supp., §§ 3176a1, 3176a2; R.C. 1943, § 46-0601; S.L. 1977, ch. 424, § 1; 2003, ch. 392, § 2.

Cross-References.

Selection of official newspaper of municipality, see N.D.C.C. § 40-01-09.

DECISIONS UNDER PRIOR LAW

Corrupt Practice Act.

The Corrupt Practice Act applies to the selection of the official newspaper. Ransom County Farmers Press v. Lisbon Free Press, 49 N.D. 1165, 194 N.W. 892 (1923) decided prior to the enactment of N.D.C.C. Chapter 16.1-1..

Designation by State Publication.

S.L. 1919, ch. 188, in requiring all official publications and the publication of legal notices in one official newspaper of the county, to be designated by the state publication and printing commission, was based upon sound public policy and did not violate the fourteenth amendment to the federal constitution.Daly v. Beery, 45 N.D. 287, 178 N.W. 104, 1920 N.D. LEXIS 132 (N.D. 1920).

Designation of Official Newspaper.

Prior to the passage of S.L. 1919, ch. 188, it was the duty of the county commissioners to designate the official newspapers of the county, and the duty of the proper city authorities to designate the official newspaper of the city. Daly v. Beery, 45 N.D. 287, 178 N.W. 104, 1920 N.D. LEXIS 132 (N.D. 1920).

Expression of Choice.

The power formerly given the printing commission to designate the newspaper was merely a temporary expedient which continued only until the voters had a chance to express their choice. Daly v. Beery, 45 N.D. 287, 178 N.W. 104, 1920 N.D. LEXIS 132 (N.D. 1920).

Collateral References.

Validity of legislation relating to publication of legal notices, 26 A.L.R.2d 655.

Newspapers within statutes as to publication of notices for resale of repossessed property by conditional vendors, 49 A.L.R.2d 15.

What constitutes newspaper of “general circulation” within meaning of state statutes requiring publication of official notices and the like in such newspaper, 24 A.L.R.4th 822.

46-06-02. Qualifications required of an official newspaper.

A newspaper is qualified to serve as an official newspaper if it meets all the requirements of a legal newspaper set forth in section 46-05-01 and maintains its principal editorial office within the county in which it is a candidate for official newspaper. In a county in which no newspaper maintains its principal editorial office, a newspaper published in an adjoining county with general circulation in the first county is qualified to serve as that county’s official newspaper.

Source:

S.L. 1919, ch. 187, § 3; 1923, ch. 211, § 1; 1925, ch. 172, § 1; 1925 Supp., § 3176a3; S.L. 1943, ch. 209, § 1; R.C. 1943, § 46-0602; S.L. 1973, ch. 370, § 2; 2003, ch. 392, § 3.

Notes to Decisions

English Language Newspaper.

The statute requiring the publication of a notice of mortgage sale in a “newspaper” requires the notice to be published in the English language in a newspaper published in the English language. Reuter v. Dickinson Bldg. & Loan Ass'n, 63 N.D. 673, 249 N.W. 778, 1933 N.D. LEXIS 223 (N.D. 1933).

Collateral References.

Newspaper’s liability to reader-investor for negligent but nondefamatory misstatement of financial news, 56 A.L.R.4th 1162.

46-06-03. Application to place name on ballot at primary election.

The county auditor shall place the name of a newspaper upon the primary election ballot if the newspaper is qualified to serve as the official newspaper within the county and if, before four p.m. of the sixty-fourth day prior to the primary election, an application asking that the name of the newspaper be placed upon the ballot to be voted upon for nomination as official newspaper of the county and an affidavit indicating the newspaper meets all of the requirements of an official newspaper pursuant to sections 46-05-01 and 46-06-02 are filed with the county auditor by a person, partnership, corporation, or limited liability company owning or operating the newspaper. The county auditor shall endorse upon the application the name of the newspaper and the date upon which the application is filed.

Source:

S.L. 1919, ch. 187, § 3; 1923, ch. 211, § 1; 1925, ch. 172, § 1; 1925 Supp., § 3176a3; R.C. 1943, § 46-0603; S.L. 1959, ch. 328, § 1; 1993, ch. 54, § 106; 2003, ch. 392, § 4; 2013, ch. 176, § 26.

46-06-04. Where name of newspaper placed on ballot.

The county auditor shall place the names of all newspapers to be voted upon for nomination as official newspaper of the county at the bottom of the ballot upon which appear the names of the candidates for county offices. The names of the newspapers must be rotated as is required for the names of candidates on the primary election ballot.

Source:

S.L. 1919, ch. 187, § 3; 1923, ch. 211, § 1; 1925, ch. 172, § 1; 1925 Supp., § 3176a3; R.C. 1943, § 46-0604.

46-06-05. Names of two papers receiving highest number of votes to be placed on general election ballot.

The county auditor shall place the names of the two newspapers receiving the highest number of votes at the primary election on the general election ballot upon which appear the names of candidates for county offices. The names must appear in the same place and in the same manner as on the primary election ballot.

Source:

S.L. 1919, ch. 187, § 3; 1923, ch. 211, § 1; 1925, ch. 172, § 1; 1925 Supp., § 3176a3; R.C. 1943, § 46-0605.

46-06-06. Newspaper receiving highest number of votes elected — Canvass.

The newspaper receiving the highest number of votes at the general election must be declared elected. The county auditor, upon the canvass and return of the vote by the county canvassing board, shall issue a certificate of election to such newspaper, and it shall become the official newspaper beginning on the first Monday in January following the election, and shall act as the official newspaper for a period of four years and until a successor is chosen and takes office. The canvass of the votes for the official newspaper must be made by the county canvassing board at the time other election returns are canvassed.

Source:

S.L. 1919, ch. 187, §§ 3, 4; 1921, ch. 62, § 1; 1923, ch. 211, § 1; 1925, ch. 172, § 1; 1925 Supp., §§ 3176a3, 3176a4; R.C. 1943, § 46-0606; S.L. 1965, ch. 309, § 1.

Notes to Decisions

Ineffective Majority Vote.

In an election of an official newspaper, though the majority of votes cast was ineffective to elect because the name receiving such majority of votes was not a sufficient designation of an actual candidate, such majority was effectual to prevent the election of the candidate receiving the minority vote. Casselton Reporter v. The Fargo Forum, 65 N.D. 681, 261 N.W. 549, 1935 N.D. LEXIS 155 (N.D. 1935).

46-06-07. Bond of official newspaper. [Repealed]

Repealed by S.L. 1987, ch. 551, § 1.

46-06-08. Vacancy — How filled.

If a newspaper elected as the official newspaper suspends publication or ceases to possess the qualifications prescribed in section 46-06-02, a vacancy must be deemed to exist. The board of county commissioners at once shall designate another newspaper having the required qualifications to act as the official newspaper of the county until a successor is elected and takes office.

Source:

S.L. 1919, ch. 187, § 3; 1923, ch. 211, § 1; 1925, ch. 172, § 1; 1925 Supp., § 3176a3; R.C. 1943, § 46-0608.

46-06-09. Publications required to be made in official newspaper.

There must be published in the official newspaper:

  1. All official proceedings of the board of county commissioners of the county in which it is elected.
  2. All notices and publications which are required by law to be published by any county officer.
  3. All publications of every nature which are required to be published within the county in which the newspaper is elected by any elective or appointive state officer.

Source:

S.L. 1919, ch. 187, § 5; I. M. Nov. 2, 1920, S.L. 1921, p. 256; 1925 Supp., § 3176a5; R.C. 1943, § 46-0609.

Cross-References.

Validating legal publication in official newspaper, see N.D.C.C. § 1-08-01.

Notes to Decisions

Real Estate Foreclosure Notices.

This statute does not require the publication of notices of the foreclosure of real estate mortgages given to the state in the official newspaper. State Record Publishing Co. v. State, 50 N.D. 240, 195 N.W. 434, 1923 N.D. LEXIS 90 (N.D. 1923).

DECISIONS UNDER PRIOR LAW

Special Assessment Notices.

S.L. 1919, ch. 187, § 5 required the publication in official newspaper of special assessment notices in the cities where the official newspaper was published. State ex rel. Truax v. Smart, 48 N.D. 326, 184 N.W. 623, 1921 N.D. LEXIS 41 (N.D. 1921).

46-06-10. When publication null and void.

A legal publication of any kind or character described in section 46-06-09 which is not published in the duly elected official newspaper is null and void.

Source:

S.L. 1919, ch. 187, § 6; 1925 Supp., § 3176a6; R.C. 1943, § 46-0610.