North Dakota Advisory Opinions March 17, 1949: AGO 49-51 (March 17, 1949)

Advisory Opinion Text

Re: Section 15-5318 1947 Supplement

Your letter of March 15, asking our interpretation of the above section, has been received and sent to my desk.

It is our opinion that the published notice must be so published that the first publication is at least 30 days prior to the day of the election; that is, if the election were to be held on the 31st day of the month, the first publication would have to be at least as early as the first of the month.

We can only apply the rule of common sense in this matter, since the statute is wholly silent as to what is intended. There are many statutory provisions for publication of notice before certain proceedings may be had, and I think in practically every case the first publication is referred to when the time limit is fixed.