N.D. Cent. Code » Title 32 · Chapter 32-13
North Dakota Century Code

N.D. Cent. Code § 32-13-03 (2026)

Who may bring action against usurping officer

✓ current as of May 2026
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An action may be commenced by the state, or any person who has a special interest in the action, against the parties offending in the following cases:

1. When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this state, or any office in a corporation or limited liability company created by the authority of this state.

2. When any public officer, civil or military, shall have done or suffered an act which by the provisions of law shall make a forfeiture of the officer's office.

3. When any association or number of persons shall act within this state as a corporation without being duly incorporated or as a limited liability company without being duly organized.

Notes of Decisions
Cited in 4 cases, 1966–2013 · leading case: Walker v. Weilenman, 143 N.W.2d 689 (N.D. 1966).
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Walker v. Weilenman, 143 N.W.2d 689 (N.D. 1966). · cites it 6× “32-13, N.D.C.C. Section 32-13-03 of the North Dakota Century Code provides that an action by quo warranto to test the right of a person to hold office may be brought by the State or by any person "who has a special interest in the action.”
Riemers v. Jaeger, 827 N.W.2d 330 (N.D. 2013). · cites it 2× “Section 32-13-03(1), N.D.C.C., authorizes a civil action when any person unlawfully holds a public office.”
Burke v. North Dakota Dep't of Corr. & Rehab., 609 N.W.2d 729 (N.D. 2000). · cites it 2× “against the state and any subdivision's thereof which may be interested, for relief therefrom”); N.D.C.C. § 32-13-03(l)-(2) (providing “[a]n action may be commenced by .”
Burke v. Nd Dept. of Corr. & Rehab., 2000 ND 85 (N.D. 2000). · cites it 2× “against the state and any subdivisions thereof which may be interested, for relief therefrom"); N.D.C.C. § 32-13-03(1)-(2) (providing "[a]n action may be commenced by .”
N.D. Cent. Code § 32-13-03(1): 2 cases
Riemers v. Jaeger, 827 N.W.2d 330 (N.D. 2013). “Section 32-13-03(1), N.D.C.C., authorizes a civil action when any person unlawfully holds a public office.”
Burke v. Nd Dept. of Corr. & Rehab., 2000 ND 85 (N.D. 2000). “against the state and any subdivisions thereof which may be interested, for relief therefrom"); N.D.C.C. § 32-13-03(1)-(2) (providing "[a]n action may be commenced by .”
N.D. Cent. Code § 32-13-03(l): 1 case
Burke v. North Dakota Dep't of Corr. & Rehab., 609 N.W.2d 729 (N.D. 2000). “against the state and any subdivision's thereof which may be interested, for relief therefrom”); N.D.C.C. § 32-13-03(l)-(2) (providing “[a]n action may be commenced by .”
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