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County says Williston recall petition cannot be scheduled as submitted
Summary
County staff told commissioners the recall notice for the City of Williston certified April 30, 2026 cannot be scheduled for a special election within the statutory timeframe; the city was advised to consult legal counsel and return a written legal opinion if it wishes further county action.
County Clerk Beth told the Williams County Board on May 5 that the recall notice certified April 30, 2026 would put a recall election in the Aug. 3–13 window but that timing rules in the North Dakota Century Code prevent scheduling the special election as presented.
"According to the North Dakota Century Code ... we cannot have that recall election," Beth told commissioners, explaining that the 95‑day timing rule relative to the Nov. 3 general election means the special election window had elapsed because required certification did not occur before the statutory cutoff.
Beth said she has run the matter by county legal counsel and advised the city of Williston to consult its attorney. She told commissioners the county will only accept a written legal opinion from the city’s counsel if they return with a request for the county to schedule or administer a different timeline.
The board did not direct county staff to schedule an election; staff will notify the city to seek legal guidance and return with a written opinion if it wishes further county action.
