1. When a portion of a home rule charter is preempted, superseded, or invalidated by a legislative act or a court order, the county may amend portions of the home rule charter by a resolution adopted by the governing body of the county. The resolution must reference the authority supporting the amendment.

2. A resolution passed under subsection 1 is effective after adoption by the governing body of the county. A petition, approval, or vote by the electors of the county is not required to amend a county's home rule charter under this section. Within thirty days after adoption of the resolution, the county shall publish the resolution once in the official newspaper of the county or on the official county website.

3. An amendment to a charter of a home rule county intended to add any power enumerated in section 11-09.1-05, which was not included in the county's original home rule charter, may not be amended under this section and must be amended under section 11-09.1-06. The county auditor shall file a copy of an amendment to a charter of a home rule county with the secretary of state.