The most popular anti-smoking measure on Fargo's city ballot will become law if it gets the biggest majority of "Yes" votes, Attorney General Wayne Stenehjem says.

Fargo voters must sort through three separate anti-smoking proposals during the Nov. 2 election. One bans smoking in indoor workplaces, except for a local cigar bar. The other two proposed ordinances include exemptions for bars, truck stops and some restaurants.

In neighboring West Fargo, voters must decide two proposed ordinances. One would ban smoking in public workplaces. Another would impose a more lenient smoking ban, exempting bars and businesses with liquor licenses that serve only customers who are at least 21 years old.

The proposals are listed separately in both elections, and city residents may vote on each one. None would take effect if a majority of voters say "No" to all of them.

Stenehjem's opinion, requested by Garylle Stewart, the Fargo city attorney, was intended to clarify what happens if Fargo voters approve more than one of the three measures. Should that happen, Stenehjem said, the ordinance getting the most "Yes" votes would be enforced.

"If two or more conflicting municipal initiated measures receive a majority of 'Yes' votes, the measure receiving the highest number of affirmative votes will prevail," Stenehjem wrote in his opinion, which was released Monday.

North Dakota's Constitution, state law and court decisions do not address the issue directly, the attorney general said. His opinion draws on appeals court decisions in California, Colorado and Michigan to reach its conclusion.

He believes his opinion endorses the most logical result if voters approve more than one ordinance, Stenehjem said in an interview.

"I can't think of any other way that the will of the voters of the city would be allowed to prevail, other than doing it this way," Stenehjem said. "Certainly, the only other conclusion would be to say that none of them is enacted, and that doesn't make any sense."