45-70b
Counties
Cite as N.D. Op. Att'y Gen. 45-70b
OPINION
45-70
April 24, 1945 (OPINION)
COUNTIES
RE: Election Supplies - Competitive Bids
Re: Printing of Ballots
Your letter of April 20, re the above matter, has come to my desk for
attention.
Section 16-1101 provides that general election ballots shall be
provided at the expense of the county. Section 16-1102 provides that
county auditors shall provide ballots and have them printed. Section
11-11126 provides among other things that when the amount to be paid
during the current year for election ballots and supplies exceeds
$300.00, the board of county commissioners shall advertise for bids.
Section 11-1127 provides that the advertisement shall state what
supplies are required, etc. This section also provides that the bid
of the lowest responsible bidder shall be accepted, but that the
board has the right to reject any and all bids. Section 11-1129
relates to the form and contents of the contract, and section
11-1130 provides that "contracts for the furnishing of election
ballots and supplies shall be let by the board of county
commissioners at its first regular meeting in April of each year to
run for the period of one year."
It is our opinion that these sections must all be construed together
if they do not conflict. It is further our opinion that there is no
apparent conflict. It is our opinion that these sections must all be
construed together if they do not conflict. It is our opinion that
the board of county commissioners, when the amount to be paid during
the current year for the purchase of election ballots and supplies
exceeds $300.00, must advertise for bids as provided in chapter 11,
sections of which I have referred to. Then, when it becomes the duty
of the county auditor to furnish bonds as provided in chapter 16, he
must have them printed by the contractor holding the contract for the
furnishing of ballots and election supplies.
Of course when the total cost of election ballots and supplies is
less than $300.00 for the entire year, no advertisement for bidders
and no contract for the furnishing thereof need be made.
NELS G. JOHNSON
Attorney General