SECRETARY OF STATE
[Constitution, Article V, Section 12; NDCC Chapter 54-09]
Prior to statehood the office of the Territorial Secretary was authorized by the Organic Law creating Dakota Territory (1861). The Territorial Secretary was appointed to a four-year term by the President of the United States and had responsibility for maintaining all territorial legislative records and acts of the Governor, serving as acting Governor in the event of a vacancy, and reporting to the President and Congress on territorial affairs. The Secretary also had responsibility for numerous functions and occupied many positions in the territorial government. Other responsibilities included registration of corporations (1862-1889), distribution of Laws of Dakota (1875-1889), custody of the Territorial Library (1875-1890), canvassing elections, and maintaining registrations of corporations operating in the Territory.
The office of Secretary of State was established by the North Dakota State Constitution (1889) and the Secretary of State was elected to a two-year term. Since statehood the Secretary of State has had a wide variety of duties such as receiving candidate petitions and petitions for initiated, referred, and constitutional measures, receiving recall petitions, maintaining candidate financial statements, and publishing election returns. The Secretary of State has maintained the state's legislative records and gubernatorial proclamations and executive orders. Bonds and oaths of office for public officials have been recorded and filed by the Secretary of State. Responsibility has also included maintaining records of marks and brands (1890-1901) and trademarks and trade name registration files, issuing certificates of election to members of the State Legislature and other state elected officials and commissions of notaries public. Under the direction of the Secretary of State other duties included licensing and regulating charitable institutions, filing articles of incorporation for foreign and domestic corporations, and registering lobbyists. Additionally the administration of the Uniform Commercial Code has been the responsibility of the office of the Secretary of State.
The term in office for the Secretary of State has changed since territorial days. The Secretary of State was elected after statehood to a two-year term prior to passage of a constitutional amendment in 1964 establishing a four-year term of office. Voters approved a change to the Constitution at the Primary Election held on June 13, 2000 placing one-half of the elected officials on the ballot each election year. The process began with the Secretary of State, the Commissioner of Agriculture, the Attorney General, and the Tax Commissioner who were elected for two-year terms in 2004. These offices have since returned to four-year terms (S. L. 2001, Ch. 591). Qualifications for becoming a candidate for the office include being a qualified elector of the state and at least twenty-five years old. There have been thirteen men elected to the office since statehood (thirteen Republican and one Democratic). Thomas Hall held the office twice.
The 2003 North Dakota Blue Book and the Secretary of State website list some of the responsibilities of the office such as housing the state seal and other original state documents and supervising their official use. The Secretary of State is responsible for serving as Governor in the event of a vacancy in both the offices of Governor and Lieutenant Governor. As chief election officer the Secretary of State is charged with training of officials, providing information to voters, investigating nonperformance of duties, receiving and filing petitions and certificates, and convening the State Canvassing Board. Additional responsibilities related to elections include establishing standards for election machinery, locations, and supplies, filing oaths of office, and processing and certifying constitutional, initiative, and referral petitions. Ballot forms and wording of referendum questions, issues, and constitutional amendments as prescribed by law are carried out by the Secretary of State. The Secretary of State attends each session of the Legislative Assembly to receive bills and resolutions and supplies members and committees with laws, journals, and other documents. Additionally the Secretary of State certifies the names of elected legislators to each legislative chamber, supervises all statewide elections including preparation of certificates for nomination and election, publishes official election results, and maintains of campaign finance and disclosure statements. The Secretary of State distributes the North Dakota Session Laws, the House and Senate Journals, the North Dakota Century Code with supplements, the North Dakota Administrative Code with supplements, and publishes the North Dakota Blue Book. Within the office of the Secretary of State is the Administrative/ Licensing Division with a diverse number of functions, such as licensing, registering, appointing notaries public, and filing their oaths and bonds. Additionally contractors are licensed, charitable solicitations are registered, and lobbyist’s reports filed. The office is also responsible for the Uniform Commercial Code filings and related documents. It administers a central notice system that links the central indexing system with the county recorder (register of deeds) offices providing electronic access of records. The Corporation Division has responsibility for maintaining records of numerous entities, including the articles of incorporation from domestic and foreign corporations, recording of trademarks and trade names, and maintaining records with the addresses of persons who own surface and mineral interests. The Secretary of State also keeps the record of proceedings related to adoption of the commission form of city government and files the county and city home rule charters.
Since 1892 the Secretary of State has been a member of the State Canvassing Board* and in 1895 the Secretary of State became a member on the newly established emergency expenditure commission (named the Emergency Commission* in 1915). In 1949 the Secretary of State became the Emergency Commission secretary and in1971 the Secretary of State became the State Athletic Commissioner*. As the chairman of the North Dakota Racing Commission the Secretary of State is general supervisor over the administrative functions of the Racing Commission [NDCC 53-06.2-02].
CHRONOLOGY
1862 Annually the Governor and Secretary were required to set an amount for the Territorial tax (T.L. 1862, Ch. 69).
1864 The Governor, Treasurer, and Secretary were the members of the Board of Education and appointed a Territorial Superintendent of Public Instruction (T. L. 1864, Ch. 41). The county register of deeds sent a copy of the abstract of votes to the Secretary who with the help of the Governor and the Chief Justice canvassed the votes. The Governor declared the outcome of the election (T. L. 1864, Ch. 19).
1865 Legislation repealed the law established in 1864 requiring the Governor, Treasurer, and Secretary to serve on the Board of Education.
1875 The Territorial Secretary was custodian for books and documents and other materials that were housed in the Territorial Library (S. L. 1875, Ch. 63).
1885 The Secretary (until 1905) chartered building and loan associations (S. L. 1885, Ch. 34).
1887 The Secretary served until 1911 as a member of the Board of Trustees for Public Property (S. L. 1887, Ch. 162).
1889 The state electors chose a Secretary of State for the term of two years. The duties were spelled out in the North Dakota Constitution.
1890 The State Auditor, Secretary of State, and State Treasurer served as ex-officio Commissioners of Public Printing until 1919 (S. L. 1890, Ch. 119) and the Secretary of State became a member of the Board of University and School Lands (S. L. 1890, Ch. 25). Certificates of organizational banking associations were in the custody of the Secretary of State (S. L. 1890, Ch. 23).
1891 The Secretary of State maintained an office for the recording of marks, brands, and trademarks. In 1901the duties became the responsibility of the Department of Agriculture (S. L. 1891, Ch. 40).
1892 The Secretary of State served as a member of the State Board of Canvassers and clerk for the “Board for Trial of Contested Presidential Electors” (Special Session, S. L. 1892, S.B. 1 &2).
1893 The Secretary of State licensed agents who sold transportation tickets on common carriers (S. L. 1892, Ch. 104). The Secretary of State served on the Board of Commissioners from 1893-1905. A Board of Auditors was created and included the Secretary of State (until 1959). The State Auditor, Secretary of State, and the Attorney General were charged with the duty of examining the books of the State Treasurer (S. L. 1893, Ch. 48).
1895 The Governor, Secretary of State, and the State Auditor were the first members of the emergency expenditure commission (S. L. 1895, Ch. 23). The Secretary of State was appointed a member of the Historical Commission for North Dakota (S.L. 1895, Ch. 170).
1901 Record keeping of marks, brands, and trademarks became the responsibility of the Department of Agriculture.
1903 The Secretary of State issued certificates of election to members of the Legislative Assembly (S. L. 1903, Ch. 119).
1905 Because of the rapid population change in North Dakota the State Legislature required that a statewide census be taken every tenth year beginning in 1905. The census was conducted by and under supervision of the Secretary of State (S.L. 1905, Ch.168). The 1905 census was lost in the fire that destroyed the State Capitol on December 28, 1930. Appropriations for a statewide census were also made available for the years 1915 and 1925. The Secretary of State served as a member of the State Banking Board until 1943 (S. L. 1905, Ch. 165).
1907 An act provided for primary elections to be held on the last Wednesday of June during the general election year. The Secretary of State received petitions for those seeking elective office (S. L. 1907, Ch. 1).
1911 The oath of office records for notaries public were filed with the Secretary of State (S. L. 1911, Ch. 272). The Secretary of State served as a member of the State Auditing Board until 1973. Legislation allowed the Secretary of State to loan nineteen plates of the North Dakota Supreme Court Reports to the Lawyers’ Co-operative Publishing Company of Rochester, New York (S. L. 1911, Ch. 270) and the legislature requested that the North Dakota Blue Book be distributed to school districts (S. L. 1911, Ch. 60).
1913 The Secretary of State (until 1919) was a member of the State Board of Immigration (S. L. 1913, Ch. 44).
1915 An Emergency Commission consisting of the Governor, Secretary of State and the State Auditor was established to authorize departmental fund transfers drawn from the State Treasury when an itemized request was petitioned by state officials, state boards, or the heads of institutions (S. L. 1915, Ch. 152).
1919 The Secretary of State served until 1959 as a member of the State Publication and Printing Commission in lieu of the Commissioner of Public Printing (S. L. 1919, Ch. 188) and was no longer a member of the Auditing Board (Special Session, S. L. 1919, Ch. 21).
1923 The Secretary of State was a member of the State Securities Commission and served until 1951 (S. L. 1923, Ch. 182).
1943 The Secretary of State no longer served as member of the State Banking Board (S. L.1943, Ch. 91).
1959 The Governor, Secretary of State, and the manager of the Bank of North Dakota served on the Board of Review to assess the decisions made by the Securities Commission (S. L. 1959, Ch. 110).
1961 The Secretary of State served as the State Records Administrator until 1983 when legislation created the office of the State Records Administrator (S. L. 1961, Ch. 333) and served on the Civil Defense Advisory Council until 1971 when the legislation repealed the Council (S. L. 1961, Ch. 248).
1963 All state agencies were required to submit a biennial report to the Secretary of State (S. L. 1963, Ch. 346). The Secretary of State was appointed to assist in the selection of recipients who were nominated for the Theodore Roosevelt Rough Rider Award (S. L. 1963, Ch. 344).
1965 A 1964 Constitutional Amendment required four-year terms for elected officials (S. L. 1965, Ch. 475). Until 1983 the Secretary of State was required to employ a qualified State Construction Superintendent (S. L. 1965, Ch. 350).
1967 Legislation changed the amount of charges and fees from the services provided by the office of the Secretary of State (S. L. 1967, Ch. 98).
1975 Legislation required lobbyists to register with the office of the Secretary of State (S. L. 1975, Ch. 465). Also the Secretary of State registered charitable organizations, professional fund raising counsels, and professional solicitors who operate games of chance (S. L. 1975, Ch. 446). An increase in fees charged by the Secretary of States was allowed by the Legislature (S. L. 1975, Ch. 83).
1977 The charge for issuance of an extradition warrant was repealed (S. L. 1977, Ch. 482).
1983 Legislation allowed the state to create an office for a State Records Manager.
1987 Legislation required the Governor to send all signed legislation to the office of the Secretary of State within three working days (S. L. 1987, Ch. 549).
1991 A new subsection of the Century Code [NDCC 54-09-04] related to the fees for services performed by office of the Secretary of State (S. L. 1991, Ch.574).
1995 Legislation allowed for appropriate funds for defraying the public printing expenses (S. L. 1995, Ch. 24).
2003 Legislation concerned with additional requirements for filings with the office of the Secretary of State by political action committees (S. L. 2003, Ch. 176) and provisions for precinct maps by county auditors to the election board members (S. L. 2003, Ch. 172).
2005 The Secretary of State was no longer required to record and maintain official bonds for state officers (S. L. 2005, Ch. 261).
2009 Changes were made concerning trade name use and regulation registration forms (S. L. 2009, Ch. 399) and a new section of the Century Code related to the Health Care Record Registry. The registry was defined and the Secretary of State could accept a gift, grant, donation, bequest, or other voluntary contributions to establish, support, promote, and maintain the registry (S. L. 2009, Ch.216).
STATE CANVASSING BOARD*
[Authorized: NDCC Section 16.1-15-33]
In 1892 a State Board of Canvassers consisted of the Secretary of State, State Auditor, State Treasurer, Attorney General, and the Superintendent of Public Instruction. The Board met the second Tuesday in December after a general election or forty days after a special election. In 1915 the Board was composed of the Clerk of the Supreme Court, the Secretary of State, Superintendent of Public Instruction, and the state central committee of the two political parties which cast the highest vote for Governor in the last gubernatorial election. In 1961 the Superintendent of Public Instruction was removed from the Board and the chairman of the state central committee was renamed the chairman of the state of committee of each party (S. L. 1961, Ch. 332). The Board was required to meet after each statewide election to canvass the election results received from each county and to officially certify the statewide and district totals for the candidates and measures. It was to examine the returns of election votes received from the various counties and verify the computed final results in a manner as adopted by the Board. This included incorporating electronic technology or systems approved by the Secretary of State with results certified on the basis of the canvass. The Secretary of State had responsibility to notify the individual after Board certification had been completed. Legislation required Board members to take the oath given to all civil officers. Three members of the Board constituted a quorum. The quorum could include a state officer asked to canvass and certify the results as required by the Century Code (S. L. 2005, Ch. 191). Legislation in 2009 required that no member having anything of “value bet or wagered” on the outcome of the election could serve on the Board and a member with a family member either by birth or marriage as a candidate for office had to step down from canvassing the election (S. L. 2009, Ch. 180). * The title used in the Century Code is the State Canvassing Board [NDCC 16.1-15-32].
CHRONOLOGY
1892 The State Board of Canvassers consisted of the Secretary of State, State Auditor, State Treasurer, Attorney General, and the Superintendent of Public Instruction. The Board met on the second Tuesday in December after a general election and within forty days after a special election (Special Session: S. L. 1892, S.B. 1).
1915 The State Board of Canvassers met at the office of the Secretary of State on the first Tuesday in December after a general election and within thirty days after a special election (S. L. 1915, Ch. 151). The Board members for primary elections included the Clerk of the Supreme Court, Secretary of State, Superintendent of Public Instruction, and the chairman of the state central committee of the two political parties casting the highest vote for Governor in the last general election (S. L. 1915, Ch. 149).
1949 At the call of the Secretary of State the Board could meet no later than twenty days after the primary election and no later than twenty days following a general or special election. This also included Board meetings (S. L. 1949, Ch. 166).
1961 The State Board of Canvassers was required to serve for primary, general elections, and special elections. The Board consisted of the Clerk of the Supreme Court, the Secretary of State, and the State Treasurer, and a chairman of the state central committee of the two political parties casting the highest vote for Governor (S. L. 1961, Ch. 332).
1965 The Board met after a call from the Secretary of State no later than fourteen days following the primary, general, or special elections (S. L. 1965, Ch. 157).
1981 Legislation defined the various types of voting machines and devices allowed by the Board in elections (S. L. 1981, Ch. 241).
2005 Changes were made in the responsibility of the Board relating to computing and verifying the final election results. Legislation allowed the Board to name another state official “to fill in” as necessary to reach a quorum when a Board member was a candidate for office and thus disqualified from participation. Previously the Governor named the state official to take the temporary role (S. L. 2005, Ch. 191).
2009 Legislation required the removal of a Board member from any portion of the canvass if a family member whether by birth or marriage was a candidate for office. The legislation also required that no Board member was allowed to serve if something of value bet or wager was placed on the outcome of the election (S. L. 2009, Ch. 180).
2011 Legislation related to examining the election returns received from the counties. The acceptance and incorporation of electronic technology or systems as approved by the Secretary of State and adopted by the Board were allowed as a part of the canvassing and certifying processes (S. L. 2011, Ch. 152).
EMERGENCY COMMISSION
[Authorized: NDCC Chapter 54-16]
Created in 1895 the emergency expenditure commission originally consisted of the Governor, Secretary of State, and the State Auditor (S. L. 1895, Ch. 23). It was to handle situations when boards, commissions, directors, persons in authority, and management of public institutions disbursed or expended money beyond the appropriated amount. If this occurred the Commission was authorized to draw money from the State Treasury to meet the emergency. In 1899 the first contingency fund of five hundred dollars to meet expenses was established (S. L. 1899, Ch. 66) and in 1915 the Commission was called the Emergency Commission (S. L. 1915, Ch. 26). The Commissioner of Agriculture and Labor replaced the State Auditor as a member of the Commission in 1919 during a special session of the Legislative Assembly (S. L. 1919, Ch. 34). Since 1965 the Commission has approved the acquisition of properties near state institutions of higher learning through funds available from the State Contingency Fund (S. L. 1965, Ch. 368 and S. L. 1995, Ch. 507). In 1967 the Department of Agriculture and Labor separated and until 1995 the Commissioner of Agriculture remained a member on the Commission (S. L. 1967, Ch. 74). In 1995, the Commissioner of Agriculture (S. L. 1995, Ch. 508) was replaced with the chairman of the Legislative Council with the provision that the vice-chairman could replace the chairman whenever necessary. Membership of the Emergency Commission consisted of the Governor as chairman, the Secretary of State serving as the Commission's secretary, the chairman of the Senate Appropriations Committee, and the chairman of the House Appropriations Committee. It functions to review and approve state agency requests to transfer money between funds or budget line items or to draw funds from the State Contingency Fund. In 1997 legislation required that the total transfer from the contingency fund could not exceed $500,000, unless the amount was authorized for transfer by the Budget Section of the Legislative Council (S. L. 1997, Ch. 446). The Commission had responsibility to authorize the receipt of available federal moneys between sessions for new or for continuing programs. It permitted pass-through of federal funds from one state agency to another. No state agency could otherwise expend federal funds unless specifically appropriated by the Legislative Assembly. In 2005 the chairman of the Legislative Council was replaced (S. L. 2005, Ch. 151) by the majority leaders of the Senate and the House of Representatives. The Commission could approve hiring full time employees by a state officer for the biennium between legislative sessions (S. L. 2009, Ch. 470). The Commission was required to “take action” when there is an imminent threat to the safety of people due to a natural disaster or war crisis, or an imminent financial loss to the state. It was to authorize the acceptance and disbursement of certain available federal funds or other funds not appropriated by the Legislative Assembly. By law some of the decisions made by the Emergency Commission also needed subsequent approval of the Legislative Budget Section Committee. Regular meetings of the Emergency Commission were usually held seven to fourteen days prior to meetings of the Legislative Budget Section Committee which usually meets four times a year. The Governor can call for a special meeting whenever it is needed.
CHRONOLOGY
1895 The first Commission for emergency expenditures consisted of the Governor, Secretary of State, and the State Auditor who by law were authorized to transfer money from one fund to another or in extreme cases to draw out funds from the State Treasury. It was unlawful for any official to expend or disburse more money than was appropriated (S. L. 1895, Ch. 23).
1899 A contingency fund of five-hundred dollars was appropriated for use by the Auditor with the agreement of the Secretary of State and Governor (S. L. 1899, Ch. 66).
1913 The Commission asked for funds from the State Treasury funds to meet an extreme emergency. Violation of this provision was considered misdemeanor (S. L. 1913, Ch. 159).
1915 An Emergency Commission consisting of the Governor, Secretary of State, and the State Auditor was established to authorize departmental fund transfers drawn from the State Treasury when an itemized request sent to the Commission by petition from state officials, state boards, or the heads of institutions (S. L. 1915, Ch. 152). An additional two-thousand dollars was appropriated for establishment and maintenance of a State Contingency Fund to be drawn from by the State Auditor at the direction of the Emergency Commission (S. L. 1915, Ch. 26).
1919 In a Special Session the Commissioner of Agriculture and Labor replaced the State Auditor on the Commission (S. L. 1919, Ch. 34).
1923 Legislation prohibited the creation of a deficit by state officials, state boards, or the heads of institutions. Violations were considered a misdemeanor (S. L. 1923, Ch. 2).
1941 An appropriation of $20,000 was available in the State Contingency Fund (S. L. 1941, Ch. 33).
1949 The Governor as chairman called together the Commission members. The Secretary of State became the secretary of the Commission. Whenever there was a request for allocation in excess of $10,000 the chairmen of the Senate and the House Appropriations Committees joined with the members of the Emergency Commission to complete the decision making process (S. L.1949, Ch. 317).
1965 A new section was added to the Century Code relating to granting funds to institutions of higher learning by the Commission (S.L. 1965, Ch. 348). The term emergency was defined as “limited to calamites or unforeseen happenings” not anticipated by the Legislative Assembly or the Governor (S. L. 1965, Ch. 347).
1967 The Commissioner of Agriculture remained on the Commission after the Department of Agriculture and Labor was separated (S. L. 1967, Ch. 74).
1973 The chairmen of the Senate and the House Appropriation Committee became members of the Commission whenever allocations from the State Contingency Fund were transferred either between funds and line items, or for an approval to spend federal funds, or expending funds in excess of ten-thousand dollars (S. L. 1973, Ch. 420).
1975 An act placed a limit on the amount transferred from the contingency fund without the approval of the Budget Section of the Legislative Council (S. L. 1975, Ch. 475).
1979 An act created a section to the Century Code for actions on requests for inter-governmental funding to agencies (S. L. 1979, Ch. 544).
1983 The procedure was established and an amount set by the Office of Budget and Management and the Emergency Commission on claims for damages caused by residents or inmates at state institutions (S. L. 1983, Ch. 557).
1989 Reference to the Emergency Commission was removed regarding claims against the state for actions of residents in state institutions. The institutions were required to submit claims to the Office of Budget and Management for processing (S. L. 1989, Ch. 14).
1991 The Emergency Commission was advised by the Office of Managements and Budget as to the limits available between sessions to state agencies, institutions, or departments when receiving and accepting moneys from gifts, grants, donations, and other sources that were not appropriated by the Legislative Assembly (S. L. 1991, Ch. 584).
1995 The term emergency was defined as “limited to calamities or unforeseen happenings occurring between legislative sessions” (S. L. 1995, Ch. 54). Legislative action was taken and the procedures were set by the Budget Section and Legislative Council for money transfers for existing programs (S. L.1995, Ch. 507). The Emergency Commission membership changed with the chairman of the Legislative Council replacing the Commissioner of Agriculture. The chairmen of the Senate and House Appropriation Committees became permanent members. A quorum was considered to be four members. Laws related to the acceptance by the Budget Section and disbursement of approved federal funds and money from gifts, grants, donations, and other sources (S. L. 1995, Ch. 508).
2001 The vice-chairman of the Legislative Council served as a member on the Commission in the absence of the chairman (S. L. 2001, Ch. 15).
2003 Legislation was approved by the Budget Section of Legislative Council to accept federal funds in extreme emergency cases including an imminent threat to the safety of people or property due to a natural disaster, war crisis, or financial loss to the state. A new section of the Century Code related to the Commission receiving an itemized and verified request from state offices prior to an approval for a money transfer (Special Session, S. L. 2003, Ch. 670).
2005 Membership on the Emergency Commission changed when the chairman of the Legislative Council was replaced by majority leaders of the House and Senate. When a majority leader no longer serves as the majority leader of the State Legislature the assistant leader becomes the successor (S. L. 2005, Ch. 151). The Emergency Commission changed the money transfer requirement to only an itemized request for additional funding (S. L. 2005, Ch. 485). Legislation mandated that federal funds not earmarked and not required to be spent before the next regular session be deposited into a special fund and appropriated by the next Legislative Assembly after the approval and acceptance by the Emergency Commission and the Budget Section (S. L. 2005, Ch. 486).
2009 On the advice of the Office of Management and Budget and recommendation of the Emergency Commission the Budget Section of the Legislative Council could authorize a state office to add a full time position between the biennium in addition to those authorized by the Legislative Assembly (S.L. 2009, Ch. 470). Legislative Council became Legislative Management and all reference in the session laws were referred to as Legislative Management (S. L. 2009, Ch. 482).
ATHLETIC COMMISSIONER
[Authorized: NDCC Chapter 53-01]
Created in 1935 (S. L. 1935, Ch. 91) the State Athletic Commission regulated all boxing, sparring, and wrestling matches in North Dakota. The Commission included the Commissioner of Agriculture and Labor and a physician and an attorney who were both appointed by the Governor for three-year terms. The State Athletic Commission was discontinued in 1971 when the office of State Athletic Commissioner was created and the Secretary of State assumed the duties of the State Athletic Commissioner (S. L. 1971, Ch. 484). As State Athletic Commissioner, the Secretary of State had responsibility for regulating all boxing, sparring, and wrestling exhibitions in the state. The Commissioner was required to license athletes, individuals and organizations promote or conduct exhibitions, promulgate rules and regulations governing the conduct of sporting events, and collect 5% of the gross receipts from admissions to exhibitions. In 1987 legislation eliminated the collection of 5% of gross receipts (S. L. 1987, Ch. 607) and also1987 wrestling was eliminated from licensing and supervision of the Athletic Commissioner. In 1991(S. L. 1991, Ch. 543) kick boxing was added to the list of sports regulated. In 1995 (S. L. 1995, Ch. 483) the percentage of gross given to the state was changed to a fee based on the percentage of gross revenue from any competition or exhibitions held in the state. The fee was deposited into a special fund by the Secretary of State and used to pay for the expenses of members of the Athletic Advisory Board and the Mixed Fighting Style Advisory Board. The fee could not exceed three-percent of the gross revenues and was to include income sources from cable television and pay-per-view telecasts of events. In 2005 (S. L. 2005, Ch. 464) mixed style fighting was added. As State Athletic Commissioner, the Secretary of State may appoint two boards including the Athletic Advisory Board (S. L. 1991, Ch. 543) and the Mixed Fighting Style Advisory Board. One or more of the Athletic Advisory Board members may serve on the Mixed Fighting Style Board (S. L. 2005, Ch. 464). In 2011the title of the State Athletic Commissioner was changed to the Commissioner of Combative Sports and the Commission renamed the Commission for Combative Sports (S. L. 2011, Ch. 377).
CHRONOLOGY
1935 A State Athletic Commission was created consisting of three members appointed by the Governor (S. L. 1935, Ch. 91).
1939 Five-percent of exhibition gross receipts were paid into the State Treasury (S. L. 1939, Ch. 98).
1967 Qualifications for membership to the State Athletic Commission required that the members be electors in this state, of good moral character, and over twenty-one years of age. The membership included one physician, one attorney, and the Commissioner of Agriculture (S. L. 1967, Ch. 74).
1971 The State Athletic Commission was dissolved and the Secretary of State became the State Athletic Commissioner (S. L. 1971, Ch. 484).
1987 Wrestling was removed from being a regulated sport by the Athletic Commissioner and the Commissioner no longer collected five-percent of the gross from exhibitions (S. L. 1987, Ch. 607).
1991 Kickboxing was added to regulations and the Commissioner established license fees for boxers, kick boxers, sparring promoters, managers, and referees. Fees were paid into a special fund maintained in the State Treasury (S. L. 1991, Ch. 543). Whenever necessary the Athletic Commissioner appoints an Athletic Advisory Board (S. L. 1991, Ch. 543).
1995 Legislation addressed revenues sources from exhibitions held in the state (S. L. 1995, Ch. 483).
2005 At the request of the Athletic Commissioner a Mixed Fighting Style Advisory Board could be appointed (S. L. 2005, Ch. 464).
2011 Legislation changed the title of the State Athletic Commissioner to the Commissioner of Combative Sports. The Commission name was changed to the Commission for Combative Sports (S. L. 2011, Ch. 377).
SERIES
30114 Dakota Territory. Articles of Incorporation Foreign Dakota and Domestic Corporations, 1874-1889.
30116 Dakota Territory. House and Council Bills and Resolutions, 1867-1887.
30120 Dakota Territory. Records of Contested Elections.
30433 Administration. Incoming Letters, 1890-1900.
30434 Administration. Outgoing Letters, 1889-1897.
30435 Corporations Division. Corporation Correspondence.
30436 Administration. Correspondence.
30437 Administration. Engrossed House and Senate Bills and Resolutions.
30438 Administration. Enrolled House and Senate Bills and Resolutions.
30439 Administration. Proclamations Issued by the Governor.
30440 Administration. State Examiner’s Reports.
30441 Administration. State Bank Depository Files.
30442 Administration. Receipts for Library Materials.
30443 Athletic Commission. Minutes.
30444 Athletic Commission. Registration Files.
30445 Athletic Commission. Card Index of Licensed Amateur Boxers.
30446 Athletic Commission. Card Index of Licensed Professional Boxers.
30447 Athletic Commission. Audit Reports.
30448 Board of Architecture. Registration Files.
30449 Board of Capitol Commissioners. Records of the Board of Capitol Commissioners.
30450 Census. Schedules for the North Dakota State Census, 1925.
30451 Census. Abstract of the State Census.
30452 Corporations Division. Cattle Brand Registrations.
30453 Corporations Division. Trademark Registration Files.
30454 Corporations Division. Appointments of Resident Agents by Foreign Corporations.
30455 Corporations Division. Applications for Transient Merchant’s Licenses.
30456 Corporations Division. Anti-trust Law Affidavits.
30457 Elections Division. Contested Election Records.
30458 Elections Division. Oaths, Bonds, Proclamations, and Orders.
30459 Elections Division. Candidate Petitions.
30460 Elections Division. Initiative Petitions.
30461 Elections Division. Referendum Petitions.
30462 Athletic Commission. License Fee Register.
30463 Elections Division. Abstracts of Votes.
30464 Elections Division. Publicity Files.
30465 Elections Division. Election Returns of the Presidential Primary Election.
30466 Emergency Commission. Minutes.
30467 Emergency Commission. Record of Transfers of Funds.
30468 Elections Divisions. Candidate Political Organization Reports.
30469 Lobbyist Registration. Registration Files.
30470 Miscellaneous. Miscellaneous Records.
30471 Census. Abstracts for the State Census.
30472 Records Management. Records of the Special Study Commission on Records Management.
30525 Corporations Division. Articles of Incorporation of Foreign Corporations. (not filmed and microfilmed)
30857 Census. Abstract of the State Census.
30909 Constitutional Convention. Proceedings of the Organizational Session of the Constitutional Convention.
30910 Constitutional Convention. Constitutional Convention Delegate Petitions.
30911 Elections Division. Recall Petitions.
30912 Miscellaneous. Impeachment Trial Records.
30913 Miscellaneous. Records of Investigations.
31031 Census. Schedules for the Territorial Census.
31101 Census. Schedules for the State Census.
31102 Corporations Division. Index to Inactive Banking Corporations.
31324 Elections Division. Candidate Petition Receipt Book.
31329 Notaries. Notarial Applications.
31609 Corporations Division. Foreign Corporation Reports.
31610 Corporations Division. Articles of Incorporation of Marketing Associations.
31611 Corporations Division. Amendments Articles of Incorporation of Coop Associations.
31612 Corporations Division. Articles of Incorporations of Cooperative Associations.
31613 Corporations Division. Amendments to Articles of Incorporation of Domestic Corporations.
31614 Corporations Division. Articles of Incorporation of Domestic Corporations.
31615 Corporations Division. Record of Appointment Agent Service Under State Securities Act.
31616 Corporations Division. Mining Corporations Statements.
31617 Dakota Territory. House File.
31618 Corporations Division. Amendments of Articles of Incorporation of Banks.
31619 Administrative Division. Reception Records. (Listed as 31618)
31620 Corporations Division. Records of Appointments of Agents by Foreign Corporations.
31621 Record of Appointments of Attorneys by Foreign Corporations.
31622 Index to Articles of Incorporations Foreign Corporations.
31623 Corporations Division. Card Index to Foreign Corporations.
31624 Corporations Division. Railroad Records.
31625 Corporations Division. Notices of Appointments of Consuls General.
31626 Administrative Division. Records of Commissioner of Deeds.
31627 Dakota Territory. Book of Articles of Incorporation of Foreign Corporations.
31628 Corporations Division. Record of Trade Marks.
31629 Corporations Division. Articles of Incorporation North Dakota Domestic Corporation.
31630 Corporations Division. Domestic Corporation Index.
31631 Corporations Division. Amendments to Articles of Incorporation of Domestic Corporations.
31632 Corporations Division. Record of Appointments Attorneys by Foreign Corporations, Volume A.
31633 Corporations Division. Record of Notices of Domestic Corporations.
31634 Corporations Division. Register of Issuance of Certificate.
31635 Corporations Division. Appointments of Attorneys by Domestic Corporation.
31637 Dakota Territory. Book of Corporations, 1880-1888.
31638 Notaries Division. Book of Notaries Public, 1881-1887.
31639 Notaries Division. Public Record.
31640 Notaries Division. Notary Appointment Record, 1893-1897.
31641 Notaries Division. Notary Application Record.
31642 Dakota Territory. Register of Railway Deeds, Mortgages, and Leases, 1879-1889.
31643 Corporations Division. Register of Railway Deeds, Mortgages, and Leases.
31644 Corporations Division. State Board of Auditors Minute Book.
31645 Corporations Division. Index to Articles of Incorporation of Domestic Corporations.
31646 Corporations Division. Service of Process Record.
31647 Corporations Division. Record of Chicago, Milwaukee, Saint Paul, and Pacific Rail Road Instruments.
31648 Corporations Division. Lodges and Fraternal Societies Record.
31649 Corporations Division. Record of Filing of Articles of Lodges.
31650 Corporations Division. Record of Registered Licensed Architects.
31651 Corporations Division. Record of Railroad, Telegraph, Telephone, Deeds, Contracts, and Leases.
31652 Corporations Division. Articles of Incorporation, Non-Profit Corporations Other Than Churches.
31653 Corporations Division. Articles of Incorporation of Cooperative Associations.
31654 Corporations Division. Amendments to Articles of Incorporation of Coop Associations.
31655 Corporations Division. Articles of Incorporation of Cooperative Marketing Associations.
31656 Corporations Division. Articles of Association and Organization Certificates, State Banks.
31659 Corporations Division. Amendments of Articles of Incorporation of Churches.
31660 Corporations Division. Articles of Incorporation of Churches.
31661 Corporations Division. Index to Articles of Incorporation of Churches.
31662 Corporations Division. Record of Canceled Foreign Corporations.
31663 Corporations Division. Record of Canceled Domestic Corporations.
31664 Corporations Division. Trade Marks Existence Record.
31665 Corporations Division. Trade Marks Renewal Record.
31666 Administrative Division. Chart of Proposed Financial Records for Secretary.
31668 Administrative Division. Oaths, Bonds, Affidavits, Bids, Contracts, and
31669 Administrative Division. Bank of North Dakota File.
31670 Administrative Division. Miscellaneous Record Book.
31671 Administrative Division. Index to Reception Book.
31672 Administrative Division. Reception Record Book.
31673 Administrative Division. Public Documents Sales Book.
31674 Administrative Division. Cash Book.
31675 Administrative Division. Public Documents Cash Book.
31676 Administrative Division. Public Documents Free Distribution Record.
31677 Administrative Division. Record of Official Acts of the Governor, 1907-1958.
31678 Emergency Commission. Emergency Board Minute Book.
31679 Emergency Commission. Record of Initiative Referendum Petitions Certificates.
31681 Corporations Division. Record of Notices Sent Corporations in Matter of Annual Report.
31682 Corporations Division. Record of Licenses and Reports of Coop Marketing Association.
31683 Corporations Division. Record of Antitrust Reports of Foreign Corporations.
31684 Corporations Division. Record of Annual Reports of Corporations.
31685 Corporations Division. Cooperative Association Annual Report Books.
31686 Corporations Division. Domestic Corporations Annual Report Books.
31687 Corporations Division. Foreign Corporations Annual Report Books.
31701 Uniform Commercial Code Division. Reference File.
31702 Uniform Commercial Code Division. Public Utilities Leases, Deeds, and Mortgages.
31709 Corporations Division. Inactive Limited Partnership Certificate of Agreements.
31714 Corporations Division. Annual Reports of Business.
31715 Corporations Division. Attorney General Opinions.
31717 Election Division. Election Lawsuit File.
31723 Corporations Division. Articles of Incorporation of Foreign Corporations.
31729 Corporations Division. Mining Corporation Statements Book.
31732 Administration Division. North Dakota Constitution, 1972. (Original Second draft)
31747 Corporations Division. Non-profit Corporation Index Cards.
31774 Licensing Division. Agreements Between Public Agencies and Indian Tribes.
31775 Licensing Division. Lobbyist Registration File.
31775 Licensing Division. Quit Claim Deeds.
31793 Business Division. Miscellaneous Business Report.
31939 Administrative Division. Notices of Appointments of Counsels General.
31949 Election Division. Initiative/Referral New Ballot.
31950 Election Division. Political Parties Disclosure Statement.
31951 Election Division. Ballot Measures/Disclosure Statement File.
31955 Corporations Division. Record of Cities Under Government.
32000 Administrative Division. Biennial Reports of State Agencies.
32029 Election Division. Certificate from Primary Elections.
32030 Election Division. Ballot Certification.
32031 Corporations Division. Domestic Corporations Canceled.
32144 Elections Division. Petitions to Establish a Political Party.
32149 Elections Division. Federal Elections Rules and Regulations.
32167 Secretary of State. Governor Aandahl Appointments to the State Civil Defense Council.
32243 Administration. Absent Mineral Interest Registration.
32383 Elections, U.S. Senate Contested Election 1974.
SOURCES
Gray, David P. Guide to the North Dakota State Archives, 1985.
Laws of Dakota Territory.
Legislative History of North Dakota State Agencies: Richard J. Wolfert State Librarian. State Library Commission, 1978.
North Dakota Century Code.
North Dakota Secretary of State Website.
North Dakota Secretary of State Blue Book.
North Dakota State Legislature Session Laws.
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