1903 -1905

The Legislature passed a third annexation law in 1903, this time submitting it to the voters of Stark County and the unorganized counties of Dunn and Hettinger for approval. The annexation was approved by 502 votes in Stark County and 65 votes in Hettinger County, but it failed by 1 vote in Dunn County. Stark County claimed the annexation vote valid, since the legislation required a majority of the aggregate votes cast. However, the North Dakota Constitution required a majority vote in each affected county subject to annexation, so the state of North Dakota sued Stark County on the grounds that the enabling legislation was unconstitutional and that the "no" vote in Dunn County meant the annexation failed. The North Dakota Supreme Court ruled the 1903 law unconstitutional in 1905.