N.D. Cent. Code § 16.1-13-08.1 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-08.1
16.1-13-08.1. Special election to fill a vacancy in the United States House of Representatives due to a catastrophic circumstance
Status: in_force

16.1-13-08.1. Special election to fill a vacancy in the United States House of

Representatives due to a catastrophic circumstance.

If a vacancy occurs in the office of representative in Congress due to a catastrophic

circumstance in which one hundred or more representatives across the United States are no

longer able to serve and the next regular or special election is more than seventy-five days in

the future, the governor shall immediately issue a writ of election calling a special election to fill

the vacancy. The date of the election shall be forty-nine days from the date of the proclamation

and the following deadlines shall apply:

1. Certificate of endorsement as described in section 16.1-11-09, affidavits of candidacy

described in section 16.1-11-10, and statements of interest described in section

16.1-09-03 for those candidates nominated by political parties currently established in

the state shall be filed with the secretary of state by four p.m. on the fortieth day before

the election.

2. If the election occurs in an election year, the precincts previously established by the

county shall be utilized.

3. If the election occurs in a year without a scheduled election, the board of county

commissioners must establish the precinct boundaries by the fortieth day before the

election.

4. The secretary of state shall certify to the county auditors the names of the candidates

for the election on the thirty-ninth day before the election.

5. Absentee ballots shall be made available to qualified electors by the thirtieth day

before the election.
N.D. Cent. Code § 16.1-01-09.1 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-09.1
16.1-01-09.1. Recall petitions - Signature - Form - Circulation
Status: in_force

16.1-01-09.1. Recall petitions - Signature - Form - Circulation

1. A request of the secretary of state for approval of a petition to recall an elected official

or appointed official of a vacated elected office may be presented over the signatures

of the sponsoring committee on individual signature forms that have been notarized.

The secretary of state shall prepare a signature form that includes provisions for

identification of the recall; the printed name, signature, and address of the committee

member; and notarization of the signature. The filed signature forms must be originals.

The secretary of state shall complete the review of the form of a recall petition in not

less than five, nor more than seven, business days, excluding Saturdays.

2. An individual may not sign a recall petition circulated pursuant to article III of the

Constitution of North Dakota, section 44-08-21, or section 44-08-21.1 unless the

individual is a qualified elector. An individual may not sign a petition more than once,

and each signer shall also legibly print the signer's name, complete residential, rural

route, or general delivery address, and the date of signing on the petition. Every

qualified elector signing a petition must do so in the presence of the individual

circulating the petition. A petition must be in substantially the following form:

RECALL PETITION

We, the undersigned, being qualified electors request that

____________________________________(name of the individual being

recalled) the___________________(office of individual being recalled) be

recalled for the reason or reasons of______________________________.

RECALL SPONSORING COMMITTEE

The following are the names and addresses of the qualified electors of the state

of North Dakota and the political subdivision who, as the sponsoring committee

for the petitioners, represent and act for the petitioners in accordance with law:

Complete Residential,

Rural Route,

or General

Name Delivery Address

1. _____________________(Chairperson) _________________________

2. __________________________________________________________

3. __________________________________________________________

4. __________________________________________________________

5. __________________________________________________________

INSTRUCTIONS TO PETITION SIGNERS

You are being asked to sign a petition. You must be a qualified elector. This

means you are eighteen years old, you have lived in North Dakota for thirty days,

and you are a United States citizen. All signers shall also legibly print their name,

complete residential, rural route, or general delivery address, and date of signing

on the petition. Every qualified elector signing a petition must do so in the

presence of the individual circulating the petition.

QUALIFIED ELECTORS

Signed Printed Complete Residential,

Month, Name of Name of Rural Route, City

Day, Qualified Qualified or General State,

Year Elector Elector Delivery Address Zip Code

1. __________________________________________________________

2. __________________________________________________________

3. __________________________________________________________

4. __________________________________________________________

5. __________________________________________________________

6. __________________________________________________________

7. __________________________________________________________

8. __________________________________________________________

The number of signature lines on each page of a printed petition may vary if

necessary to accommodate other required textual matter.

3. Each copy of a petition provided for in this section, before being filed, must have

attached an affidavit executed by the circulator in substantially the following form:

State of North Dakota )

) ss.

County of__________________ )

(county where signed)

I,________________, being sworn, say that I am a qualified elector; that I

(circulator's name)

reside at____________________________;

(address)

that each signature contained on the attached petition was executed in my

presence; and that to the best of my knowledge and belief each individual whose

signature appears on the attached petition is a qualified elector; and that each

signature contained on the attached petition is the genuine signature of the

individual whose name it purports to be.

_________________________________________

(signature of circulator)

Subscribed and sworn to before me on______________, _____, at

____________, North Dakota.

(city)

(Notary Seal) ______________________________________________

(signature of notary)

Notary Public

My commission expires_________________

4. A petition for recall must include, before the signature lines for the qualified electors as

provided in subsection 2, the name of the individual being recalled, the office from

which that individual is being recalled, and a list of the names and addresses of not

less than five qualified electors of the state, political subdivision, or district in which the

official is to be recalled who are sponsoring the recall.

5. For the recall of an elected official under article III of the Constitution of North Dakota,

circulators have one year to gather the required number of signatures of qualified

electors on the recall petition from the date the secretary of state approves the recall

petition for circulation. For the recall of an elected official under section 44-08-21 or

44-08-21.1, circulators have ninety days from the date the secretary of state approves

the recall petition for circulation to submit the recall petition to the appropriate filing

officer.

6. A petition may not be circulated under the authority of article III of the Constitution of

North Dakota, section 44-08-21, or section 44-08-21.1 by an individual who is less

than eighteen years of age, nor may the affidavit called for by subsection 3 be

executed by an individual who is less than eighteen years of age at the time of signing.

All petitions circulated under the authority of the constitution and of this section must

be circulated in their entirety.

7. When recall petitions are delivered to the secretary of state or other filing officer with

whom a petition for nomination to the office in question is filed, the chairman of the

sponsoring committee shall submit to the secretary of state or other filing officer an

affidavit stating that to the best of that individual's knowledge, the petitions contain at

least the required number of signatures. The chairperson also shall submit a complete

list of petition circulators which must include each circulator's full name and residential

address. The residential address must be in this state and identify the circulator's

street address, city, and zip code. Upon submission of the petitions to the appropriate

filing officer, the petitions are considered filed and may not be returned to the chairman

of the sponsoring committee for the purpose of continuing the circulation process or

resubmitting the petitions at a later time. An elector's name may not be removed by the

elector from a recall petition that has been submitted to and received by the

appropriate filing officer.

8. The filing officer has a reasonable period, not to exceed thirty days, in which to pass

upon the sufficiency of a recall petition. The filing officer may conduct a representative

random sampling of the signatures contained in the petitions by the use of

questionnaires, postcards, telephone calls, personal interviews, or other accepted

information-gathering techniques, or any combinations thereof, to determine the

validity of the signatures. Signatures determined by the filing officer to be invalid may

not be counted and all violations of law discovered by the filing officer must be

reported to the state's attorney for possible prosecution.

9. The filing officer shall call a special recall election to be held no sooner than ninety-five

days nor later than one hundred five days following the date the filing officer certifies

the petition valid and sufficient. No special recall election may be called if that date

would be within ninety-five days of the next scheduled election.

10. A notice of the recall election must be posted in the official newspaper thirty days

before the candidate filing deadline, which is by four p.m. on the sixty-fourth day

before the election. The official notice must include the necessary information for a

candidate to file and have the candidate's name included on the ballot.

11. A special recall election may not be held if candidate filings are not received by the

filing officer before the candidate filing deadline. The filing officer shall declare the

recall petition ineffective, and the elected or appointed official may continue to serve

the remainder of their term. A notice of cancellation of the recall election due to no

candidate filing received must be posted in the official newspaper within fifteen days

following the candidate filing deadline.

12. An official may not be recalled if the recall special election would occur within one year

of the next regularly scheduled election in which the official could be re-elected.
N.D. Cent. Code § 16.1-14-20 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-20
16.1-14-20. Application for presidential ballot by new residents
Status: repealed

16.1-14-20. Application for presidential ballot by new residents

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-01-14 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-14
16.1-01-14. Statement of intent
Status: reserved

16.1-01-14. Statement of intent

In enacting this measure, the people of North Dakota:

1. Recognize that, along with the rest of the people of the United States, we have

bestowed certain powers on the state and federal governments, and the governmental

power flows ultimately from the people, not to them.

2. Do so in the partial exercise of our duty to elect representatives in Congress, under

article I, section 2 of the Constitution of the United States, and our duty to elect United

States senators, under the seventeenth amendment to the Constitution of the United

States.

3. Recognize that the United States Supreme Court has never held that the people of a

state do not have the constitutional power to establish term limits for federal legislators

from their state.

4. Recognize that certain restrictions are placed on our ability to choose federal

legislators, such that we could not, for example, elect a person twenty-eight years old

to the senate or require a religious test for a federal legislator.

5. Assert that, aside from the requirements explicitly imposed by the Constitution of the

United States, our power with respect to election of federal legislators is plenary.

6. Note that, under the Constitution of the United States, we have certain rights to control

suffrage in elections, regulating such matters as residency, ballot access, and voting

methods. As the possessors of the power to regulate suffrage, we also have the power

to regulate certain qualifications of the agents we appoint by exercising our suffrage.

7. Exercise the legislative power we reserved to ourselves in section 1 of article III of the

Constitution of North Dakota.

8. Recognize that, just as the federal Hatch Act [5 U.S.C. 7324 et seq.] restricts the

candidacies of otherwise eligible persons from holding elected office, we have the

same salutary purpose as does the Hatch Act, namely preventing an incumbent party

from using government power to entrench itself permanently into government office.

9. Are mindful of the United States Supreme Court's statement, in Garcia v. San Antonio

Metro Transit Authority, 469 U.S. 528, 551 (1985), that state control of the election

process is supposed to be a protection of the state peoples from the national

government.

10. Recognize that increased concentration of power in the hands of incumbents has

made this state's electoral system less free, less competitive, and most importantly,

less representative.

11. Recognize that our interests are best served by having our United States senators and

representatives in Congress be mindful of their origins and return to our ranks whence

they came.

12. Make the following declarations and historical findings:

a. James Madison, in No. 57 of The Federalist Papers, predicted that the house of

representatives would always be responsive to the will of the people because that

house would be bound by the same laws they impose on the people. President

Madison's prediction was wrong and Congress has arrogated to itself powers not

granted to the people, a recent notorious example being the bank of the house of

representatives in which members were allowed to kite checks. President

Madison's prediction was wrong in that Congress has oppressed the people with

laws from which it exempts itself, recent examples including minimum wage,

discrimination, occupational safety, and other laws.

b. The appearance of corruption and the lack of competitiveness for entrenched

incumbency seats has lessened voter participation and that is counterproductive

to the purposes of a representative republic.

c. Our vital interests in maintaining the integrity of the political process have been

harmed by these and other factors. Therefore, term limitation is the best method

by which we can ensure that our vital interests are guarded.

13. Believe this measure is constitutional and intend it to be so. Therefore, even if a court

holds any portion of this measure unconstitutional, thereby substituting its own

judgment for that we have expressed in enacting this measure, the legislative council

shall require the publisher of the North Dakota Century Code to include the text of this

measure, in the manner as if not so held but with appropriate annotation, to stand as a

testament to our expressed will, and as a memorial to the defiance of that will by

whatever court holds this measure unconstitutional. Furthermore, if any part of this

measure is held unconstitutional, we intend that the rest of it be deemed effective, to

the maximum extent permitted under section 1-02-20.
N.D. Cent. Code § 16.1-06-09.1 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-09.1
16.1-06-09.1. Constitutional amendments - Statement of intent
Status: repealed

16.1-06-09.1. Constitutional amendments - Statement of intent

Repealed by S.L. 1995, ch. 206, § 5.
N.D. Cent. Code § 16.1-02-10 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-10
16.1-02-10. Posting voting history - Failure to vote - Individuals designated inactive
Status: in_force

16.1-02-10. Posting voting history - Failure to vote - Individuals designated inactive

Before the end of the contest period allowed under section 16.1-16-04, each county auditor

shall post the voting history for each individual who voted in the election. After the close of each

even-numbered calendar year, the secretary of state shall determine if any individual has not

voted during the preceding four years and shall change the status of each such individual to

"inactive" in the central voter file. Although not counted in an election, a late absentee ballot

from an individual may not be used to designate an individual as "inactive" in the central voter

file.
N.D. Cent. Code § 16.1-11-11 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-11
16.1-11-11. County candidates' petitions - Filing - Contents
Status: in_force

16.1-11-11. County candidates' petitions - Filing - Contents

Every candidate for a county office shall present a petition to the county auditor of the

county in which the candidate resides between the first date candidates may begin circulating

nominating petitions according to this chapter and four p.m. of the sixty-fourth day before any

primary election. The petition or certificate of endorsement may be filed electronically, through

the mail, or by personal delivery. However, the petition or certificate of endorsement must be

complete and in the possession of the county auditor before four p.m. on the sixty-fourth day

before the primary election. A petition under this section must include the following:

1. The candidate's name, post-office address, nongovernment issued electronic mail

address, and telephone number, the title of the office to which the candidate aspires,

the appropriate district number if applicable, and whether the petition is intended for

nomination for an unexpired term of office if applicable.

2. The printed names and signatures of qualified electors, the number of which must be

determined as follows:

a. If the office is a county office, the signatures of not less than two percent of the

total vote cast for the office at the most recent general election at which the office

was voted upon.

b. If the office is a county office and multiple candidates were elected to the office at

the preceding general election at which the office was voted upon, the signatures

of not less than two percent of the votes cast for all candidates divided by the

number of candidates that were to be elected to that office.

c. If the office is a county office and no candidate was elected or no votes were cast

for the office at any general election, the number of signers equal to at least

two percent of the total average vote cast for the offices of sheriff and county

auditor at the most recent general election at which those officers were elected in

the petitioner's county. This average must be determined by dividing by two the

total vote cast for those offices.

d. In no case may more than three hundred signatures be required.

3. The residential address, mailing address (if different from residential address), and

date of signing for each signer. A post office box does not qualify as a residential

address. In areas of the state where street addresses are not available, a description

of where the residential address is located must be used.
N.D. Cent. Code § 16.1-07-12.1 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-12.1
16.1-07-12.1. Absentee ballot precinct - Election board appointment - Ballot counting
Status: in_force

16.1-07-12.1. Absentee ballot precinct - Election board appointment - Ballot counting

1. For any primary, general, or special statewide, district, or county election, the board of

county commissioners shall create a special precinct, known as an absentee ballot

precinct, to count all absentee ballots cast in an election in that county. The election

board of the absentee ballot precinct must be known as the absentee ballot counting

board. The county auditor shall supply the board with all necessary election supplies

as provided in chapter 16.1-06.

2. If the board of county commissioners chooses to establish an absentee ballot precinct

according to this section, the following provisions apply:

a. The county auditor shall appoint the absentee ballot counting board that consists

of one independent representative to act as the inspector and an equal number of

representatives from each political party represented on an election board in the

county, as set forth in section 16.1-05-01, to act as judges. Each official of the

board shall take the oath required by section 16.1-05-02 and must be

compensated as provided in section 16.1-05-05.

b. The county auditor shall have the absentee ballots delivered to the inspector of

the absentee ballot counting board with the election supplies, or if received later,

then prior to the closing of the polls.

c. The absentee ballot counting board shall occupy a location designated by the

county auditor which must be open to any individual for the purpose of observing

the counting process.

d. The absentee ballots must be opened and handled as required in section
N.D. Cent. Code § 16.1-02-05 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-05
16.1-02-05. Entry of new voters into the central voter file - Query of the central voter file for double voting - Postelection verification
Status: in_force

16.1-02-05. Entry of new voters into the central voter file - Query of the central voter

file for double voting - Postelection verification.

1. Before the meeting of the county canvassing board following an election, the county

auditor shall enter the name and required information of each individual who voted at

the last election who is not already contained in the central voter file and update any

required information requested and obtained at the last election for any individual

contained in the central voter file.

2. The secretary of state, with the assistance of the county auditors, before the meeting

of the state canvassing board, shall query the central voter file to determine if any

individual voted more than once during the preceding election. The secretary of state

shall immediately notify the county auditor and state's attorney in each affected county

for further investigation.

3. Upon return of any nonforwardable mail from an election official, the county auditor

shall ascertain the name and address of that individual. If the individual is no longer at

the address recorded in the central voter file, the county auditor shall transfer the voter

to the correct precinct in the central voter file or notify the county of the voter's new

residence so the voter record can be transferred to the correct county. If a notice

mailed at least sixty days after the return of the first nonforwardable mail is also

returned by the postal service, the county auditor shall designate the individual as

"inactive" in the central voter file.
N.D. Cent. Code § 16.1-01-06 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-06
16.1-01-06. Highest number of votes elects
Status: in_force

16.1-01-06. Highest number of votes elects

Unless otherwise expressly provided by the laws of this state, in all elections for the choice

of any officer, the individual receiving the highest number of votes for any office is deemed

elected to that office.
N.D. Cent. Code § 16.1-07-19 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-19
16.1-07-19. Elections covered
Status: in_force

16.1-07-19. Elections covered

The voting procedures in sections 16.1-07-18 through 16.1-07-33 apply to:

1. A general, special, or primary election for federal office.

2. A general, special, or primary election for statewide or state legislative office or state

ballot measure.

3. A general, special, or primary election for political subdivision office or political

subdivision ballot measure.
N.D. Cent. Code § 16.1-15-32 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-32
16.1-15-32. County auditor to publish returns of election
Status: in_force

16.1-15-32. County auditor to publish returns of election

The county auditor shall cause to be published in tabular form in the official county

newspaper the vote by precincts for each officer and each proposition voted for at any primary,

special, or general election. The publication must be paid for at a rate not to exceed the rate

paid for publishing the proceedings of the board of county commissioners.
N.D. Cent. Code § 16.1-12-02 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-02
16.1-12-02. Certificates of nomination by petition - Form and contents
Status: in_force

16.1-12-02. Certificates of nomination by petition - Form and contents

Certificates of nomination for nominees for an office to be filled at a general or special

election, except for an office appearing on the no-party ballot, may be made as provided by this

section. Except for nominees for president of the United States, names of nominees so

nominated must appear on the ballot as independent nominations. The names of nominees for

president of the United States may appear on the ballot with a designation, not to exceed five

words, that names the organization or political party to which the presidential candidate

affiliates. The designation may not falsely indicate an affiliation with or the support of any

political party organized in accordance with this title or include any substantive word or phrase

that is profane or that is already included in or resembles the name of a political party entitled to

a separate column under section 16.1-11-30. Except for candidates for the office of president of

the United States, each certificate of nomination by petition must meet the specifications for

nominating petitions set forth in section 16.1-11-16. A political party or organization desiring to

submit to the secretary of state the name of a qualified candidate for the office of the president

of the United States may begin gathering the signatures for the certificate of nomination on the

first day of January of a presidential election year and shall submit the petition to the secretary

of state before four p.m. on the sixty-fourth day before the general election. The signatures on

the petition must be in the following number:

1. Except as provided in subsection 3, if the nomination is for an office to be filled by the

qualified electors of the entire state, there must be no fewer than one thousand

signatures.

2. If the nomination is for an office to be filled by the qualified electors of a district less

than the entire state, the number of signatures must be at least two percent of the

resident population of the district as determined by the most recent federal decennial

census, but in no case may more than three hundred signatures be required.

3. If the nomination is for the office of president, there must be no fewer than four

thousand signatures and the petition must contain the names of the presidential and

vice presidential candidates along with the names of the elector nominees and

alternate elector nominees for the office of the North Dakota presidential electors. The

elector nominees and alternate elector nominees must be qualified electors of North

Dakota.

4. If the petition is for the office of governor or lieutenant governor, it must contain the

names and other required information of candidates for both those offices.
N.D. Cent. Code § 16.1-01-02.2 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-02.2
16.1-01-02.2. Special election - Special procedures
Status: in_force

16.1-01-02.2. Special election - Special procedures

Notwithstanding any other provision of law, the governor may call a special election to be

held in ninety days after the call if a special session of the legislative assembly has been held,

any of the ninety-day period for the submission of a referendum petition to the secretary of state

with respect to any measure enacted during the special session occurs during a regular

legislative session, and a referendum petition has been submitted to refer a measure or part of

a measure enacted during the special session. Notwithstanding any other provision of law, the

governor may call a special election to be held in ninety days after the call if a referendum

petition has been submitted to refer a measure or part of a measure that establishes a

legislative redistricting plan.
N.D. Cent. Code § 16.1-06-13 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-13
16.1-06-13. Requirements for voting machines
Status: repealed

16.1-06-13. Requirements for voting machines

Repealed by S.L. 2003, ch. 171, § 33.
N.D. Cent. Code § 16.1-14-13 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-13
16.1-14-13. Certification of determination of board
Status: in_force

16.1-14-13. Certification of determination of board

The board shall determine in each case which of the parties to the proceedings are entitled

to the office of elector, and shall cause the board's determination to be entered of record in a

manner and form as the board shall direct, and shall certify the same to the governor and

secretary of state. The certified determination is a final and conclusive determination the

individuals identified in the determination are duly elected. The governor shall transmit

certificates of election to the individuals, and every certificate must recite the certificate is issued

pursuant to a determination under this chapter.
N.D. Cent. Code § 16.1-09-02 — ND Code / Title 16.1 / Chapter 16.1-09 / Section 16.1-09-02
16.1-09-02. Statement of interests to be filed
Status: in_force

16.1-09-02. Statement of interests to be filed

1. Every candidate for elective office shall sign and file the statement of interests as

required by this chapter. In a year when a president and vice president of the United

States are to be chosen, presidential and vice presidential candidates shall file with the

secretary of state either a statement of interests as required by this chapter or a copy

of the personal disclosure statement that is required by the federal election

commission. Candidates for elective office who are required to file the statements shall

file the statements with the filing officer for that election at the time of filing a certificate

of nomination, a certificate of endorsement, a petition of nomination, or a certificate of

write-in candidacy, pursuant to chapter 16.1-11, 16.1-12, or 40-21, as is appropriate.

2. An individual who has filed a statement as the result of candidacy in a primary election

need not refile before running in the following general election. A write-in candidate

who is not required to file a certificate of write-in candidacy shall file the statement of

interests after the candidate's election at the time of filing the required oath of office.

Every individual who is appointed by the governor to a state agency, board, bureau,

commission, department, or occupational or professional licensing board shall file a

statement of interests as required by this chapter with the secretary of state

simultaneously with announcement of the appointment.

3. A filing officer may not include a candidate's name on the ballot if an error is

discovered on the statement and the candidate is unable to or refuses to make the

necessary correction before the sixty-fourth day before the election.

4. While holding office, an individual required to file the statement of interests under this

section, except candidates elected to hold federal office, shall submit an annual

statement of interests to the appropriate filing officer by January thirty-first. A filing

officer shall collect fees for late filings pursuant to section 16.1-08.1-06.1.
N.D. Cent. Code § 16.1-16-13 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-13
16.1-16-13. Preservation of ballots
Status: repealed

16.1-16-13. Preservation of ballots

Repealed by S.L. 1987, ch. 259, § 15.
N.D. Cent. Code § 16.1-03-14 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-14
16.1-03-14. State party convention
Status: in_force

16.1-03-14. State party convention

1. The party state committee shall set the place and time of the state party convention to

be held in each general election year. Subject to party rules and bylaws, the state

party convention may:

a. Nominate the legal number of elector nominees and alternate elector nominees

for its party for the offices of presidential electors. The nominees must be

qualified electors of this state.

b. Elect the required number of delegates and alternates to the national party

convention.

c. Endorse candidates as provided under subsection 2.

2. The candidate or candidates for endorsement or election must be declared endorsed

or elected under the rules of the party, and the chairman and secretary of the

convention shall issue certificates of endorsement as provided in section 16.1-11-06 or

certificates of election. The names of the qualified electors nominated for presidential

electors the party wishes to place on the general election ballot must be certified by

the chairman and secretary of the convention to the secretary of state by four p.m. on

the sixty-fourth day before the general election to be placed upon the general election

ballot as provided in section 16.1-06-07.1.
N.D. Cent. Code § 16.1-15-36 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-36
16.1-15-36. Returns to be canvassed by state canvassing board
Status: in_force

16.1-15-36. Returns to be canvassed by state canvassing board

The state canvassing board, in canvassing to ascertain the result of any election, shall

canvass only the regular returns made by the county canvassing board as provided in this

chapter.
N.D. Cent. Code § 16.1-08.1-06.2 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-06.2
16.1-08.1-06.2. Secretary of state to provide instructions, make adjustments for inflation, and conduct training
Status: in_force

16.1-08.1-06.2. Secretary of state to provide instructions, make adjustments for

inflation, and conduct training.

The secretary of state shall provide instructions and conduct training for the purpose of

promoting uniform application of campaign finance and disclosure requirements and the uniform

filing of statements, registrations, or reports according to this chapter. The secretary also shall

determine adjustments for inflation of the reporting thresholds in this chapter and instruct

persons submitting reports under this chapter of the adjustments. On January first of each year,

the secretary shall determine whether the accumulated change in the consumer price index for

all urban consumers (all items, United States city average), as applied to each reporting

threshold in this chapter, would result in an adjustment of at least ten dollars of the threshold in

effect on that date. If so, the secretary shall deem the reporting threshold adjusted by ten

dollars.
N.D. Cent. Code § 16.1-16-03 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-03
16.1-16-03. Commencement of action - Parties - Status of contestee
Status: in_force

16.1-16-03. Commencement of action - Parties - Status of contestee

An action to contest an election must be commenced by service of a summons and verified

complaint. The party instituting the action must be known as the contestant, and the party

against whom the action is instituted must be known as the contestee. In a contest of an

election, the person holding the certificate of election shall take possession and discharge the

duties of the office until the contest action is finally decided.
N.D. Cent. Code § 16.1-11-08 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-08
16.1-11-08. Reference to party affiliation in petition and affidavit prohibited for certain offices
Status: in_force

16.1-11-08. Reference to party affiliation in petition and affidavit prohibited for certain

offices.

No reference may be made to a party ballot or to the party affiliation of a candidate in a

petition and affidavit filed by or on behalf of a candidate for nomination in the primary election to

an elective county office, the office of judge of the supreme court, judge of the district court, or

superintendent of public instruction.
N.D. Cent. Code § 16.1-13-36 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-36
16.1-13-36. Eligibility of former residents to vote for presidential electors
Status: in_force

16.1-13-36. Eligibility of former residents to vote for presidential electors

A citizen of the United States who was a qualified elector in this state immediately before

establishing residence in another state and who has not qualified for voting purposes due to the

residency requirement of that state may vote in this state for president and vice president only,

by applying for a separate ballot under section 16.1-13-37 at least one day before the election.

The requirements and procedure for former residents to vote are governed by sections

16.1-13-37, 16.1-13-40, 16.1-13-41, 16.1-13-42, 16.1-13-43, and 16.1-13-44, and the

statements relative to new residents contained in those sections must be changed by the county

auditor and inspector of elections to comply with this section for this purpose.
N.D. Cent. Code § 16.1-11-21 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-21
16.1-11-21. County auditor to publish sample primary election ballot and notice of time and place of election
Status: in_force

16.1-11-21. County auditor to publish sample primary election ballot and notice of

time and place of election.

The county auditor shall publish, once each week for two consecutive weeks before the

primary election, in the official county newspaper, and if no newspaper is published in the

county then in a newspaper published in an adjoining county in the state, a notice accompanied

by a statement substantially the same as: "The arrangement of candidate names on ballots in

your precinct may vary from the published sample ballots, depending on the precinct and

legislative district in which you reside." The notice must include:

1. A copy of the sample ballot of the primary election, as arranged by order and direction

of the county auditor. The form of the sample ballot must conform in all respects to the

form prescribed for the sample primary ballot by the secretary of state. The county

auditor shall publish the sample ballot in all forms appropriate for the method or

methods of voting in the county. Candidates from each legislative district that falls

within the boundaries of the county must be listed in a separate box or category within

the sample ballot by legislative district number to enable the voters in each legislative

district to ascertain the legislative candidates in their specific district.

2. The date of the primary election.

3. The hours during which the polls will be open.

4. The name and address for each polling place in the county.
N.D. Cent. Code § 16.1-08.1-02.2 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-02.2
16.1-08.1-02.2. State political party building fund statement required
Status: in_force

16.1-08.1-02.2. State political party building fund statement required

A state political party or nonprofit entity affiliated with or under the control of a state political

party which receives a donation for purchasing, maintaining, or renovating a building shall file a

statement with the secretary of state before February first of each calendar year. Any income or

financial gain generated from a building purchased, maintained, or renovated from donations

must be deposited in the building fund and must be disclosed when the political party or

nonprofit entity files the statement required under this section. Money in the fund may be used

only by the state political party or nonprofit entity affiliated with or under the control of a state

political party for purchasing, maintaining, or renovating a building including the purchase of

fixtures for the building. The statement may be submitted for filing beginning on January first

and must include:

1. The balance of the building fund on January first;

2. The name and mailing address of each donor;

3. The amount of each donation;

4. The date each donation was received;

5. The name and mailing address of each recipient of an expenditure;

6. The amount of each expenditure;

7. The date each expenditure was made; and

8. The balance of the fund on December thirty-first.
N.D. Cent. Code § 16.1-07-02 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-02
16.1-07-02. Elector may vote before leaving - No voting in person upon return
Status: repealed

16.1-07-02. Elector may vote before leaving - No voting in person upon return

Repealed by S.L. 1997, ch. 192, § 5.
N.D. Cent. Code § 16.1-01-16 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-16
16.1-01-16. Secretary of state to establish a uniform state-based administrative complaint procedure
Status: in_force

16.1-01-16. Secretary of state to establish a uniform state-based administrative

complaint procedure.

The secretary of state shall establish a uniform state-based administrative complaint

procedure to remedy grievances according to section 402 of the Help America Vote Act of 2002

[Pub. L. 107-252; 116 Stat. 1666; 42 U.S.C. 15512]. The complaint procedure must be uniform

and nondiscriminatory and address complaints of violations of any provision of title III of the

Help America Vote Act of 2002, including a violation that has occurred, is occurring, or is about

to occur. A complaint filed under the complaint procedure must be in writing and notarized, and

be signed and sworn by the individual filing the complaint. The secretary of state may

consolidate complaints. At the request of a complainant, the secretary of state shall establish a

procedure for providing a review on the record. If the secretary of state determines there is a

violation of a provision of title III of the Help America Vote Act of 2002 [Pub. L. 107-252;

116 Stat. 1666; 42 U.S.C. 15481-15502], the secretary of state shall determine and provide an

appropriate remedy. If the secretary of state determines a violation of title III of the Help America

Vote Act of 2002 has not occurred, the secretary of state shall dismiss the complaint and publish

the results of the review. The secretary of state shall make a final determination with respect to

a complaint within ninety days of the date the complaint is filed with the secretary of state,

unless the complainant consents to a longer period of time for the secretary of state to make a

determination. If the secretary of state fails to meet the ninety-day deadline for determining a

complaint, the complaint must be resolved within sixty days under an alternative dispute

resolution procedure.
N.D. Cent. Code § 16.1-03-17 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-17
16.1-03-17. Political party reorganization after redistricting
Status: in_force

16.1-03-17. Political party reorganization after redistricting

If redistricting of the legislative assembly becomes effective after the organization of political

parties as provided in this chapter and before the primary or the general election, the political

parties in each of the following districts shall organize or reorganize as closely as possible in

conformance with this chapter to assure compliance with primary election filing deadlines:

1. A district that does not share any geographical area with the pre-redistricting district

having the same number.

2. A district with new geographic area that was not in that district for the 2020 election

and which new geographic area has a 2020 population that is more than twenty-five

percent of the district's population as determined in the 2020 federal decennial census.
N.D. Cent. Code § 16.1-07-10 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-10
16.1-07-10. Care and custody of ballot - Submitted ballot may not be returned
Status: in_force

16.1-07-10. Care and custody of ballot - Submitted ballot may not be returned

Upon receipt of an envelope containing the absent voter's ballot, the proper officer

immediately shall attach the application of the absent voter and file the ballot with other

absentee ballots from the same precinct. If the election official has reason to suspect the

signature on the application was made by a different individual than the individual who signed

the affidavit on the return ballot envelope, the election official shall attempt to contact the absent

voter as soon as practicable to provide an opportunity to validate the signatures. Contact shall

first be attempted by phone if the absent voter provided a phone number on the submitted

application. If the election official is unable to speak with the absent voter, the election official

shall mail a notice informing the absent voter the absentee ballot has been identified as having

a signature mismatch and will be rejected if not verified. After submission to the appropriate

election officer, a marked absent voter's ballot may not be returned to the voter for any reason

other than to complete any missing information required on the affidavit on the back of the

return envelope. Before delivering the absentee ballots to the absentee ballot precinct, the

proper officer shall package the ballots in a manner so the ballots are sealed securely. The

package must be endorsed with the name of the proper voting precinct, the name and official

title of the officer, and the words "This package contains an absent voter's ballot and must be

opened only according to the processing provisions of section 16.1-07-12." The officer shall

keep the package safely in the officer's office until the package is delivered by the officer as

provided in this chapter.
N.D. Cent. Code § 16.1-11-35 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-35
16.1-11-35. Nominations by write-in
Status: in_force

16.1-11-35. Nominations by write-in

This title does not prevent any elector from writing on the paper ballot or entering by

touchscreen or other data entry device, the name of any individual for whom the elector desires

to vote, and the vote must be counted according to the provisions for the counting of write-in

votes found in section 16.1-15-01.1.
N.D. Cent. Code § 16.1-01-00.1 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-00.1
16.1-01-00.1. Definitions
Status: in_force

16.1-01-00.1. Definitions

As used in this title, unless the context otherwise requires:

1. "Candidate" means:

a. An individual holding public office;

b. An individual who publicly has declared that individual's candidacy for nomination

for election or election to public office or has filed or accepted a nomination for

public office;

c. An individual who has formed a campaign or other committee for that individual's

candidacy for public office;

d. An individual who has circulated a nominating petition to have that individual's

name placed on the ballot; and

e. An individual who, in any manner, has solicited or received a contribution for that

individual's candidacy for public office, whether before or after the election for that

office.

2. "Complete residential address" means the description of an individual's physical

residence, which includes a house or unit number, street, city, state, zip code, general

delivery, or rural route address.
N.D. Cent. Code § 16.1-16-12 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-12
16.1-16-12. Depositions - Subpoenas - Time limits
Status: repealed

16.1-16-12. Depositions - Subpoenas - Time limits

Repealed by S.L. 1987, ch. 259, § 15.
N.D. Cent. Code § 16.1-10-06.1 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-06.1
16.1-10-06.1. Paying for certain election-related activities prohibited
Status: in_force

16.1-10-06.1. Paying for certain election-related activities prohibited

No person may pay any individual for:

1. Any loss or damage due to attendance at the polls;

2. Registering;

3. The expense of transportation to or from the polls; or

4. Personal services to be performed on the day of a caucus, primary election, or any

election which tend in any way, directly or indirectly, to affect the result of such caucus

or election.
N.D. Cent. Code § 16.1-02-16 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-16
16.1-02-16. Violations - Penalties
Status: in_force

16.1-02-16. Violations - Penalties

1. An individual may not intentionally:

a. Remove an individual from the central voter file or change a record of an

individual contained in the central voter file in a manner or for a purpose not

authorized by law; or

b. Add a name of an individual to the central voter file or add a record of an

individual contained in the central voter file in a manner or for a purpose not

authorized by law.

2. A deputy, clerk, employee, or other subordinate of a county auditor who has

knowledge or reason to believe that a violation of this chapter has occurred shall

immediately transmit a report of the knowledge or belief to the county auditor, except if

the suspected violation may have been committed by the county auditor, in which case

the report must be immediately transmitted to the state's attorney, together with any

evidence of the violation. A county auditor who has knowledge or reason to believe

that a violation of this chapter has occurred shall immediately transmit a report of the

knowledge or belief to the state's attorney of the county where the violation is believed

to have occurred, together with any evidence of the violation. The county auditor shall

also immediately send a copy of the report to the secretary of state.

3. An individual who intentionally violates any provision of this chapter is guilty of a

class A misdemeanor, unless a different penalty is specifically provided by law.
N.D. Cent. Code § 16.1-02-14 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-14
16.1-02-14. Voter lists and reports to be made available for jury management
Status: in_force

16.1-02-14. Voter lists and reports to be made available for jury management

1. By February first of each year, the secretary of state shall transmit information from the

central voter file to the state court administrator for the purpose of compiling the

master list of jurors under chapter 27-09.1.

2. After each general election at which the president of the United States is elected, the

secretary of state shall transmit information from the central voter file to the jury

administrator for the federal court in North Dakota.
N.D. Cent. Code § 16.1-03-06 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-06
16.1-03-06. District committee of political party - How constituted
Status: repealed

16.1-03-06. District committee of political party - How constituted

Repealed by S.L. 1997, ch. 189, § 12.
N.D. Cent. Code § 16.1-13-10 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-10
16.1-13-10. Vacancy existing in office of member of legislative assembly
Status: repealed

16.1-13-10. Vacancy existing in office of member of legislative assembly

Repealed by S.L. 2021, ch. 327, § 5.
N.D. Cent. Code § 16.1-15-42 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-42
16.1-15-42. Certificate of result of general or special election by state canvassing board - Secretary of state to receive
Status: in_force

16.1-15-42. Certificate of result of general or special election by state canvassing

board - Secretary of state to receive.

The statements provided for in section 16.1-15-41 must be certified by the members of the

state canvassing board who shall subscribe their names to the statements. The board then shall

determine what individuals have been duly elected to the offices, shall prepare and subscribe on

each statement a certificate of that determination, and shall deliver the statement to the

secretary of state. The candidate to be elected for each office receiving the highest number of

votes must be duly elected to the office. An individual who was entitled to have the individual's

name appear on the primary election ballot, but whose name was not placed on the primary

election ballot, may not be elected to a no-party office as a write-in candidate unless the

individual receives a number of votes equal to or more than the number of signatures that would

have been required to have the individual's name placed on the primary election ballot.
N.D. Cent. Code § 16.1-01-02 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-02
16.1-01-02. Applicability of provisions of title
Status: in_force

16.1-01-02. Applicability of provisions of title

The provisions of this title govern all primary, general, and special statewide and legislative

elections, and all other elections, unless otherwise provided by law.
N.D. Cent. Code § 16.1-15-12 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-12
16.1-15-12. Care and custody of ballot boxes and voting machines
Status: in_force

16.1-15-12. Care and custody of ballot boxes and voting machines

Ballot boxes and voting machines are to be under the care and custody of the county

auditor and assigned staff members.
N.D. Cent. Code § 16.1-13-26 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-26
16.1-13-26. Name written or pasted on ballot evidence of vote without marking X
Status: repealed

16.1-13-26. Name written or pasted on ballot evidence of vote without marking X

Repealed by S.L. 2005, ch. 184, § 18.
N.D. Cent. Code § 16.1-11.1-03 — ND Code / Title 16.1 / Chapter 16.1-11.1 / Section 16.1-11.1-03
16.1-11.1-03. Mail ballot distribution
Status: in_force

16.1-11.1-03. Mail ballot distribution

The county auditor shall mail to each qualified applicant an official mail ballot with a return

identification envelope, voter's affidavit, and instructions according to section 16.1-07-08.
N.D. Cent. Code § 16.1-15-39 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-39
16.1-15-39. Disagreements in canvassing returns by canvassing board - Disregarding technicalities, misspelled words, and abbreviations
Status: in_force

16.1-15-39. Disagreements in canvassing returns by canvassing board - Disregarding

technicalities, misspelled words, and abbreviations.

In canvassing the returns and verifying the computed final results received from the various

counties, a majority of the members of the state canvassing board shall decide all matters of

disagreement. The board shall disregard all technicalities, misspelling, the use of initial letters,

and the abbreviations of the names of candidates if it can be ascertained from the returns for

whom the votes were intended.
N.D. Cent. Code § 16.1-06-07.1 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-07.1
16.1-06-07.1. Arrangement of names on ballot - Presidential electors
Status: in_force

16.1-06-07.1. Arrangement of names on ballot - Presidential electors

1. In presidential election years the ballot provided for in section 16.1-06-05 must include

the designation of the office of president and vice president as the first listing of the

continuous listing of the designation of each office to be voted for. The names of

presidential electors, presented in one certificate of nomination, must be arranged in a

group enclosed in brackets under the designation of the office of president and vice

president on the right side of the ballot column.

2. To the left and opposite the center of each group of electors' names must be printed in

bold type the name of the presidential candidate represented and in line with the

candidate's name must be placed a single oval. A mark within an oval by the voter

must be designated as a vote for all the electors. The appropriate party designation

must appear, in smaller type, under the name of the presidential candidate

represented.
N.D. Cent. Code § 16.1-11-36 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-36
16.1-11-36. Vote required at primary election for nomination
Status: in_force

16.1-11-36. Vote required at primary election for nomination

An individual may not be deemed nominated as a candidate for any office at any primary

election unless that individual receives a number of votes at least equal to the number of

signatures required on a petition to have a candidate's name for that office placed on the

primary ballot.
N.D. Cent. Code § 16.1-15-16 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-16
16.1-15-16. Qualifications of members of canvassing board - Replacements - Quorum
Status: in_force

16.1-15-16. Qualifications of members of canvassing board - Replacements - Quorum

A member of the county canvassing board who has anything of value bet or wagered on the

result of the election may not serve on the board. When a member of the county canvassing

board is a candidate or husband, wife, father, mother, father-in-law, mother-in-law, son,

daughter, son-in-law, daughter-in-law, brother, or sister, whether by birth or marriage, of the

whole or the half-blood, of any candidate for any office for which that member canvasses the

votes, the member must be removed from that portion of the canvass. If any of the members of

the board other than the representatives of the two political parties are disqualified or cannot

serve for any other reason, the county commissioners who would be qualified to serve on the

board shall appoint alternates to serve in the place of those members of the board who are

disqualified. If any of the representatives of the district committees of the two parties are

disqualified or cannot serve for any other reason and if the party wishes to have representation,

the district chairmen shall appoint an alternate from their respective district committees to act as

a member of the county canvassing board. A majority of the confirmed members of the board or

their duly appointed alternates constitute a quorum and may make the canvass provided for in

this chapter and certify the results thereof.
N.D. Cent. Code § 16.1-15-46 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-46
16.1-15-46. Members of legislative assembly to receive certificates of election
Status: in_force

16.1-15-46. Members of legislative assembly to receive certificates of election

At the time election certificates are issued to state and district officers, the secretary of state

shall issue certificates of election to all members of the legislative assembly.
N.D. Cent. Code § 16.1-03-22 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-22
16.1-03-22. Liability of officers and members
Status: in_force

16.1-03-22. Liability of officers and members

1. Officers and executive committee members are immune from civil liability for any act or

omission relating to their service or function as an officer or executive committee

member, unless the act or omission constitutes gross or willful negligence or gross or

willful misconduct.

2. Members of a political organization are neither obligated to pay, nor liable upon, any

political organization obligation.
N.D. Cent. Code § 16.1-14-24 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-24
16.1-14-24. Voting by new residents
Status: repealed

16.1-14-24. Voting by new residents

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-07-08 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-08
16.1-07-08. Delivering ballots - Envelopes accompanying - Affidavit on envelope - Challenging electors voting by absentee ballot - Inability of elector to sign name
Status: in_force

16.1-07-08. Delivering ballots - Envelopes accompanying - Affidavit on envelope -

Challenging electors voting by absentee ballot - Inability of elector to sign name.

1. Upon receipt of an application for an official ballot properly filled out and duly signed,

or as soon after receipt of the application as the official ballot for the precinct in which

the applicant resides has been prepared, the county auditor, city auditor, or business

manager of the school district, as the case may be, shall send to the absent voter by

mail or secure electronic delivery, if the secretary of state determines the necessary

technology is available and according to the choice made by the voter on the

application for the ballot, at the expense of the political subdivision conducting the

election, one official ballot, or personally deliver the ballot to the applicant or the

applicant's agent, which agent may not, at that time, be a candidate for any office to be

voted upon by the absent voter. The agent shall sign the agent's name before

receiving the ballot and deposit with the auditor or business manager of the school

district, as the case may be, authorization in writing from the applicant to receive the

ballot or according to requirements set forth for signature by mark. The auditor or

business manager of the school district, as the case may be, may not provide an

absent voter's ballot to an individual acting as an agent who cannot provide a signed,

written authorization from an applicant. A person may not receive compensation,

including money, goods, or services, for acting as an agent for an elector, and a

person may not act as an agent for more than four electors in any one election. A voter

voting by absentee ballot may not require the political subdivision providing the ballot

to bear the expense of the return postage for an absentee ballot.

2. With the exception provided in section 16.1-07-24 for secure remote electronic casting

of a ballot granted to a covered voter, the absent voter marking the ballot by electronic

means shall return the instrument containing the vote selections made by the voter to

the assigned polling place where, after being recorded in the pollbook by a poll clerk,

the choices listed in the instrument will be converted into the official ballot. Upon

confirmation by the voter the vote selections marked by the ballot marking device are

correct, the voter shall cast the ballot in the tabulation device.

3. Any qualified elector living with a disability that prevents the elector from reading or

marking the ballot without assistance and who wishes to cast an absentee ballot may

mark the electronic ballot by electronic means. The voter then shall deposit the ballot

electronically on the secure server that is used by covered voters as defined in section
N.D. Cent. Code § 16.1-14-06 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-06
16.1-14-06. Compensation of presidential electors
Status: in_force

16.1-14-06. Compensation of presidential electors

The electors provided for in this chapter shall receive the same per diem and the same

mileage as members of the legislative assembly.
N.D. Cent. Code § 16.1-08.1-03.11 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.11
16.1-08.1-03.11. Contribution statements of city office candidates or a candidate committee for a city office candidate in cities with a resident population of five thousand or more as determined by the last federal decennial census
Status: repealed

16.1-08.1-03.11. Contribution statements of city office candidates or a candidate

committee for a city office candidate in cities with a resident population of five thousand

or more as determined by the last federal decennial census.

Repealed by S.L. 2017, ch. 155, §13.
N.D. Cent. Code § 16.1-07-18 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-18
16.1-07-18. Definitions
Status: in_force

16.1-07-18. Definitions

In sections 16.1-07-18 through 16.1-07-33:

1. "Covered voter" means:

a. A uniformed-service voter whose voting residence is in this state;

b. An overseas voter who, before leaving the United States, was last eligible to vote

in this state and, except for a state residency requirement, otherwise satisfies this

state's voter eligibility requirements;

c. An overseas voter who, before leaving the United States, would have been last

eligible to vote in this state had the voter then been of voting age and, except for

a state residency requirement, otherwise satisfies this state's voter eligibility

requirements; or

d. Any other overseas voter who was born outside the United States and, except for

a state residency requirement, otherwise satisfies this state's voter eligibility

requirements, if:

(1) The last place where a parent or legal guardian of the voter was, or under

this Act would have been, eligible to vote before leaving the United States is

within this state; and

(2) The voter has not previously registered to vote or voted in any other state.

2. "Dependent" means an individual recognized as a dependent by the applicable

uniformed service.

3. "Military-overseas ballot" means:

a. A federal write-in absentee ballot described in the Uniformed and Overseas

Citizens Absentee Voting Act [103, 42 U.S.C. 1973ff-2];

b. A ballot specifically prepared or distributed for use by a covered voter in

accordance with sections 16.1-07-19 through 16.1-07-33; or

c. A ballot cast by a covered voter in accordance with sections 16.1-07-19 through

16.1-07-33.

4. "Overseas voter" means a United States citizen who is outside the United States.

5. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.

6. "Uniformed service" means:

a. Active and reserve components of the army, navy, air force, marine corps, and

coast guard of the United States;

b. The merchant marine, the commissioned corps of the public health service, and

the commissioned corps of the national oceanic and atmospheric administration

of the United States; and

c. The national guard and state militia units.

7. "Uniformed-service voter" means an individual who is qualified to vote and is:

a. A member of the active or reserve components of the army, navy, air force,

marine corps, or coast guard of the United States who is on active duty;

b. A member of the merchant marine, the commissioned corps of the public health

service, or the commissioned corps of the national oceanic and atmospheric

administration of the United States;

c. A member of the national guard or state militia unit who is on activated status; or

d. A spouse or dependent of a member referred to in this subsection.
N.D. Cent. Code § 16.1-11-03 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-03
16.1-11-03. Political parties authorized to conduct presidential preference contest
Status: repealed

16.1-11-03. Political parties authorized to conduct presidential preference contest

Repealed by S.L. 2003, ch. 174, § 6.
N.D. Cent. Code § 16.1-06-12 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-12
16.1-06-12. Definitions
Status: in_force

16.1-06-12. Definitions

As used in this title with regard to voting systems:

1. "Ballot" means a paper ballot from which the votes for candidates and questions are

tabulated by hand or by a voting system. The term includes the digital image of a

marked ballot captured by a voting system.

2. "Ballot marking device" means a device for marking ballots with ink or other

substance, or any other method for recording votes on ballots such that the votes may

be tabulated and counted by tabulation.

3. "Counting center" means a location designated by the county auditor for the counting

of ballots and tabulation of votes from the ballots.

4. "Digital scan" means a procedure in which votes cast on a paper ballot are tabulated

by examining marks made in voting response locations on the ballot and an image of

the ballot is captured and retained.

5. "Voting system" means the system and devices authorized under this chapter which

may employ a ballot marking device with use of a touchscreen or other data entry

device to record and count votes in an election.
N.D. Cent. Code § 16.1-11-30 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-30
16.1-11-30. Separate section on primary election ballot required for each political party
Status: in_force

16.1-11-30. Separate section on primary election ballot required for each political

party.

Any party that had printed on the ballot at the last preceding presidential election the names

of a set of presidential electors pledged to the election of the party's candidates for president

and vice president or a candidate for governor and those candidates for presidential electors or

governor received at least five percent of the total vote cast for presidential electors or the office

of governor within this state at that election; any party that had printed on the ballot at the last

preceding nonpresidential election a candidate for attorney general or secretary of state, and

the candidate received at least five percent of the total vote cast for the office the candidate was

seeking at the election; or any party that has organized according to all the requirements of

chapter 16.1-03 must be provided with a separate section on primary election ballots.

Any other political organization is entitled to endorse candidates or have candidates petition

to be included on the primary ballot in a separate section of the consolidated primary election

ballot, if a petition signed by at least seven thousand qualified electors of this state is filed with

the secretary of state before four p.m. of the sixty-fourth day before a primary or special

election, naming the political organization, stating the platform principles of the party, and

requesting the names of its candidates to be included on the state's primary ballot in a separate

section. Political organizations that are granted ballot access under this section are allowed

ballot access only for those offices for which the organization has identified candidates.

Regardless of the means by which the petition is delivered, the original must be in the

possession of the secretary of state before four p.m. on the sixty-fourth day prior to a primary or

special election. Candidates of that party are entitled to the same rights and privileges as those

of other parties. Petitions circulated according to this section must be filed with the secretary of

state in accordance with section 1-01-50.

A political organization that had printed on the ballot at the last preceding presidential

election the names of a set of presidential electors pledged to the election of the party's

candidates for president and vice president or a candidate for governor and those candidates

for presidential electors or governor received at least five percent of the total vote cast for

presidential electors or the office of governor within this state at that election, and any political

organization that has printed on the ballot at the last preceding nonpresidential election a

candidate for attorney general or secretary of state, and the candidate received at least five

percent of the total vote cast for the office the candidate was seeking at the election are entitled

to organize according to the requirements of chapter 16.1-03.
N.D. Cent. Code § 16.1-04-02 — ND Code / Title 16.1 / Chapter 16.1-04 / Section 16.1-04-02
16.1-04-02. Polling places - Duties and responsibilities of the board of county commissioners or the governing body of the city
Status: in_force

16.1-04-02. Polling places - Duties and responsibilities of the board of county

commissioners or the governing body of the city.

The board of county commissioners of each county:

1. Shall designate one or more polling places for each precinct. However, the polling

places for precincts located within the boundaries of any incorporated city must be

designated, and altered if required, by the governing body of the city. Polling places

may not be designated later than the sixty-fourth day before an election.

2. Shall provide that all polling places are accessible to the elderly and the physically

disabled.

3. May utilize vote centers that contain all of the precincts in a county so that any

qualified elector of the county may choose to cast a ballot in that polling place.

Qualified electors may vote early at early voting precincts, by absentee ballot, at a

polling place of their residential precinct, or at a county vote center. Vote center polling

places must serve as a designated polling place for at least one precinct in the county

in addition to serving as the site where any county voter may cast a ballot.

4. May change the location of a polling place previously established by the sixty-fourth

day immediately preceding an election when there is good and sufficient reason. When

a polling place is changed under this provision, the name and location of the new

polling place must be prominently posted on or near the main entrance of the prior

polling place on the date of the first election held following the change.
N.D. Cent. Code § 16.1-11-05 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-05
16.1-11-05. Secretary of state to give notice to county auditor of officers to be nominated
Status: repealed

16.1-11-05. Secretary of state to give notice to county auditor of officers to be

nominated.

Repealed by S.L. 2015, ch. 158, § 5.
N.D. Cent. Code § 16.1-14-14 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-14
16.1-14-14. Failure of petitioners to appear - Effect
Status: in_force

16.1-14-14. Failure of petitioners to appear - Effect

If any petitioners fail to appear and prosecute their petition against the individuals who have

been made respondents, according to the requirements of this chapter and of any rules made

by the board, the board shall determine the petitioners have failed, and shall cause the

determination to be entered of record in the manner and form the board shall direct, and shall

certify the determination to the governor and secretary of state. The determination is a final and

conclusive bar to the claim of the petitioners against the respondents as fully and completely as

if the claim had been heard and determined on its merits, and the governor shall issue

certificates of election as provided in section 16.1-14-13.
N.D. Cent. Code § 16.1-14-25 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-25
16.1-14-25. List of applicants open for public inspection
Status: repealed

16.1-14-25. List of applicants open for public inspection

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-11.1-08 — ND Code / Title 16.1 / Chapter 16.1-11.1 / Section 16.1-11.1-08
16.1-11.1-08. Election laws applicable
Status: in_force

16.1-11.1-08. Election laws applicable

When applicable, all election procedures provided in this title must be followed. The only

difference between mail ballot voting and absentee voting is, for mail ballot voting, the

application for the ballot is mailed to each active voter listed in the central voter file for the

county administering an election by mail and each qualified individual eligible to vote in the state

for the first time.
N.D. Cent. Code § 16.1-11-25 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-25
16.1-11-25. Preparation, printing, distributing, canvassing, and returning of no-party ballot
Status: in_force

16.1-11-25. Preparation, printing, distributing, canvassing, and returning of no-party

ballot.

The no-party ballot must be prepared, printed, distributed, canvassed, and returned in the

same manner provided for other primary election ballots.
N.D. Cent. Code § 16.1-15-21 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-21
16.1-15-21. Primary election statement prepared by county canvassing board - Contents
Status: in_force

16.1-15-21. Primary election statement prepared by county canvassing board -

Contents.

The county canvassing board, upon canvassing the returns of a primary election, shall

prepare an abstract signed by the members of the board and filed in the office of the county

auditor. A separate abstract of the votes cast must be transmitted to the secretary of state

according to reporting instructions specified by the secretary of state. The abstract filed in the

office of the county auditor must contain all of the following:

1. The names of all candidates voted for at the primary election with the number of votes

received by each and for what office. The abstract must be made separately for each

political party or principle.

2. The names of the individuals or candidates of each political party or principle who

receive the highest number of votes for the respective offices. If more than one

individual is required to be elected to a given office at the next ensuing general

election, there must be included in the abstract the names of so many of the

candidates of the party receiving the next highest number of votes for that office as

there are individuals to be elected to the office at said ensuing general election. The

abstract must be made separately for each political party.

3. The total number of ballots cast at the primary election.
N.D. Cent. Code § 16.1-09-05 — ND Code / Title 16.1 / Chapter 16.1-09 / Section 16.1-09-05
16.1-09-05. Powers and duties of the secretary of state and county and city auditors
Status: in_force

16.1-09-05. Powers and duties of the secretary of state and county and city auditors

The secretary of state, or the county or city auditor, when appropriate shall:

1. Accept and file any statement submitted pursuant to this chapter.

2. Make statements filed available for public inspection and copying during regular office

hours. A reasonable fee may be charged to cover the cost of copying. Proceeds from

any fees charged must be deposited in the general fund of the appropriate

governmental entity.

3. Publish all statements filed with the secretary of state under this chapter on a website

maintained by the secretary of state.

4. Preserve statements filed under this chapter for the term of office to which the person

making disclosure is elected or appointed. Preserve statements filed under this

chapter by candidates who are not elected or appointed for a period of one year after

the date of receipt.
N.D. Cent. Code § 16.1-15-05 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-05
16.1-15-05. Oath required of members of election board upon completion of canvass - Contents
Status: in_force

16.1-15-05. Oath required of members of election board upon completion of canvass -

Contents.

At the conclusion of the canvass of the votes, each member of the election board shall sign

an affidavit to the effect that the ballots have been counted and the votes canvassed as

provided in this chapter and that the returns as disclosed by the canvass report agree with the

number of ballots cast and are true and correct of the member's own knowledge.
N.D. Cent. Code § 16.1-03-09 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-09
16.1-03-09. Proxies permissible - Exception
Status: repealed

16.1-03-09. Proxies permissible - Exception

Repealed by S.L. 1997, ch. 189, § 12.
N.D. Cent. Code § 16.1-08.1-03.5 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.5
16.1-08.1-03.5. Corporate contributions and expenditures - Statement required
Status: in_force

16.1-08.1-03.5. Corporate contributions and expenditures - Statement required

1. Corporations, cooperative corporations, limited liability companies, affiliates,

subsidiaries, and associations may make expenditures and contributions for promoting

any general political philosophy or belief deemed in the best interest of the employees,

stockholders, patrons, or members of the corporation, cooperative corporation, limited

liability company, affiliate, subsidiary, or association other than a "political purpose" as

defined by this chapter. A corporation, cooperative corporation, limited liability

company, affiliate, subsidiary, or association may not make a contribution for a political

purpose.

2. A corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or

association may make a donation of property or money to a state political party or

nonprofit entity affiliated with or under the control of a state political party for deposit in

a separate and segregated building fund.

3. A corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or

association may make an expenditure to a measure committee as described in section

16.1-08.1-01 for the purpose of promoting the passage or defeat of an initiated or

referred measure or petition or make an expenditure to any other person that makes

an independent expenditure. A corporation, cooperative corporation, limited liability

company, affiliate, subsidiary, or association may make an independent expenditure

for a political purpose, including political advertising in support of or opposition to a

candidate, political committee, or a political party, or for the purpose of promoting

passage or defeat of initiated or referred measures or petitions. The corporation,

cooperative corporation, limited liability company, affiliate, subsidiary, or association

shall file a statement disclosing any expenditure made under this subsection with the

secretary of state within forty-eight hours after making the expenditure. The statement

must include:

a. The full name of the corporation, cooperative corporation, limited liability

company, affiliate, subsidiary, or association;

b. The complete address of the corporation, cooperative corporation, limited liability

company, affiliate, subsidiary, or association;

c. The name of the recipient of the expenditure;

d. If the expenditure is related to a measure or petition, the title of the measure or

petition and whether the expenditure is made in support of or opposition to the

measure or petition;

e. If the expenditure is related to a measure, the election date on which the measure

either will appear or did appear on the ballot;

f. The amount of the expenditure;

g. The cumulative total amount of expenditures since the beginning of the calendar

year which are required to be reported under this subsection;

h. The telephone number and the printed name and signature of the individual

completing the statement, attesting to the statement being true, complete, and

correct; and

i. The date on which the statement was signed.
N.D. Cent. Code § 16.1-11.1-01 — ND Code / Title 16.1 / Chapter 16.1-11.1 / Section 16.1-11.1-01
16.1-11.1-01. Counties may conduct mail ballot elections - Polling places - Records
Status: in_force

16.1-11.1-01. Counties may conduct mail ballot elections - Polling places - Records

1. The board of county commissioners of a county may conduct an election by mail

ballot. The mail ballot election must include city elections administered by the county

auditor and may include any other election administered by the county auditor

pursuant to an agreement with the governing body of a political subdivision within the

county. The board shall designate one or more polling places in the county to be open

on the day of the election for voting in the usual manner. The county auditor shall

place a notice at all polling places in the county used at the last statewide election

which states the location of the polling places open for the election. The county auditor

shall keep a record of each mail ballot provided to qualified electors and provide to the

election board at each polling place open on the day of the election a list of every

person who applied for a mail ballot.

2. The board of county commissioners of a county may conduct an election partially by

mail ballot. If the board of county commissioners chooses to conduct an election

partially by mail ballot, the commission may use mail ballots for any precinct in which

fewer than four hundred votes were cast for the office of governor at the last general

election at which that office was on the ballot.
N.D. Cent. Code § 16.1-15-20 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-20
16.1-15-20. County canvassing board may subpoena members of election board to correct errors - Failure to obey subpoena is a contempt
Status: in_force

16.1-15-20. County canvassing board may subpoena members of election board to

correct errors - Failure to obey subpoena is a contempt.

When the returns of the election board officers are made to the county canvassing board, if

any provision of law relative to the duties of the election board officers has not been complied

with by the officers and the provision of law is capable of correction by the election board, the

county canvassing board may issue subpoenas to the election board officers of the polling place

in which the defect occurs. The subpoenas must require the election board officers to appear as

soon as possible before the county canvassing board to correct any omission or mistake

according to the facts. The amended or corrected returns then must be acted upon by the

board. If any election board officer, subpoenaed as provided in this section, neglects or refuses

to obey the subpoena, the individual so neglecting or refusing must be arrested upon a bench

warrant issued out of the office of the clerk of the district court in the county where the

proceedings occur. The individual arrested must be brought before the county canvassing board

and shall make the necessary correction. A refusal on the part of an election board officer to

make a correction must be deemed a contempt of the district court.
N.D. Cent. Code § 16.1-08.1-03.9 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.9
16.1-08.1-03.9. Contribution statements of judicial district candidates or a candidate committee for a judicial district candidate
Status: repealed

16.1-08.1-03.9. Contribution statements of judicial district candidates or a candidate

committee for a judicial district candidate.

Repealed by S.L. 2017, ch. 155, §13.
N.D. Cent. Code § 16.1-13-20 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-20
16.1-13-20. Examination of ballot box before opening of polls - Regulations for ballot box while polls are open
Status: in_force

16.1-13-20. Examination of ballot box before opening of polls - Regulations for ballot

box while polls are open.

Before declaring the polls open, the inspector and the election judges shall inspect the

ballot box to assure that it is empty. The ballot box must then be locked. While the polls are

open, the ballot box must remain locked except as may be necessary to clear a ballot jam or to

move voted ballots to a separate locked ballot box to make room for additional ballots.
N.D. Cent. Code § 16.1-14-03 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-03
16.1-14-03. Proclamation of result by governor - Publishing - Certificate of election
Status: in_force

16.1-14-03. Proclamation of result by governor - Publishing - Certificate of election

Within ten days after the state canvassing board completes the canvass of the votes cast

for presidential electors, as certified by the auditors of the respective counties, the governor

shall declare by proclamation, to be printed in the official county newspaper printed and

published at the seat of government, the names of the individuals who have received the

highest number of votes returned for the office of presidential elector. If the election of the

individuals has not been contested by notice of contest having been filed with the governor

within ten days after the date of the proclamation, the individuals are deemed elected, and the

governor shall transmit a certificate of election to each chosen individual.
N.D. Cent. Code § 16.1-13-05 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-05
16.1-13-05. Notice of election - Contents - Publication with sample ballot
Status: in_force

16.1-13-05. Notice of election - Contents - Publication with sample ballot

1. Notice of all general elections must be published by the county auditor in the official

county newspaper at the same time as, and as a part of, the publication of the sample

ballot preceding the election. The notice must be substantially as follows:

Notice is given that on Tuesday, November ______, ___, at the polling places in the various

precincts in the county of _______________, an election will be held for the election of

state, district, and county officers, which election will be opened at ________ a.m. and will

continue open until ________ p.m. of that day with the following exceptions:

______________________________________________________________

______________________________________________________________

Dated ______________, _______

Signed _____________________________________

County Auditor

2. The county auditor shall publish a copy of the sample ballot of the general election

once each week for two consecutive weeks before the election in the official county

newspaper. If no newspaper is published in the county, the publication must be in a

newspaper published in an adjoining county in the state. The form of the sample ballot

as ordered and arranged by the county auditor must conform in all respects to the form

prescribed by the secretary of state for the sample general election ballot. The county

auditor shall publish the sample ballot in all forms appropriate for the method or

methods of voting in the county. Candidates from each legislative district within the

boundaries of the county must be listed in a separate box or category within the

sample ballot by legislative district number to enable the voters in each legislative

district to ascertain the legislative candidates in their specific district. Sample ballots

used for publication purposes must be arranged in accordance with section
N.D. Cent. Code § 16.1-09-01 — ND Code / Title 16.1 / Chapter 16.1-09 / Section 16.1-09-01
16.1-09-01. Declaration of policy
Status: in_force

16.1-09-01. Declaration of policy

The legislative assembly declares that public office is a public trust, and in order to continue

the faith and confidence of the people of the state in that trust and in their government, the

people have a right to be assured that the interest of holders of or candidates for public office

present no conflict with the public trust.
N.D. Cent. Code § 16.1-11-40 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-40
16.1-11-40. Primary election and ballot governed by general election provisions
Status: in_force

16.1-11-40. Primary election and ballot governed by general election provisions

Except as otherwise provided in this chapter, the primary election ballot must be arranged,

and the primary election must be provided for, conducted, and the expenses thereof paid as in

the case of a general election.
N.D. Cent. Code § 16.1-03-18 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-18
16.1-03-18. Unfair and corrupt election practices applicable to chapter
Status: repealed

16.1-03-18. Unfair and corrupt election practices applicable to chapter

Repealed by S.L. 1997, ch. 189, § 12.
N.D. Cent. Code § 16.1-15-49 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-49
16.1-15-49. Certified statement and determination of results of constitutional amendments and propositions recorded by secretary of state - Publishing
Status: in_force

16.1-15-49. Certified statement and determination of results of constitutional

amendments and propositions recorded by secretary of state - Publishing.

The certified statement and determination provided for in section 16.1-15-48 must be

recorded by the secretary of state. If it appears that a constitutional amendment or other

proposition has been approved, ratified, or adopted, the secretary of state shall arrange for the

text of the amendment or proposition and a record of the votes cast for and against it to be

published in the session laws published after the next succeeding session of the legislative

assembly.
N.D. Cent. Code § 16.1-15-03 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-03
16.1-15-03. Manner of canvassing election
Status: repealed

16.1-15-03. Manner of canvassing election

Repealed by S.L. 2005, ch. 191, § 28.
N.D. Cent. Code § 16.1-08.1-03.8 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.8
16.1-08.1-03.8. Contributions statement required of multicandidate political committees
Status: repealed

16.1-08.1-03.8. Contributions statement required of multicandidate political

committees.

Repealed by S.L. 2017, ch. 155, §13.
N.D. Cent. Code § 16.1-02-09 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-09
16.1-02-09. Department of transportation to report updates to the secretary of state
Status: in_force

16.1-02-09. Department of transportation to report updates to the secretary of state

The department of transportation shall report regularly to the secretary of state any

relevant changes and updates to records maintained by the department of transportation which

may require changes and updates to be made to records of individuals contained in the central

voter file. The report must include the individual's:

1. Complete legal name, including both previous and current names if changed;

2. Complete residential address, including both previous and current residential

addresses if changed;

3. Complete mailing address, including both previous and current mailing addresses if

changed;

4. Driver's license or nondriver identification number, including both previous and current

numbers if changed; and

5. Citizenship status, including both previous and current citizenship status if changed.
N.D. Cent. Code § 16.1-13-35 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-35
16.1-13-35. Eligibility of new residents to vote for presidential electors
Status: in_force

16.1-13-35. Eligibility of new residents to vote for presidential electors

A citizen of the United States who, immediately before the citizen's relocation to this state,

was a citizen of another state and who has been a resident of the precinct for less than thirty

days before a presidential election, is entitled to vote for presidential electors at the election, but

for no other offices, if:

1. The citizen otherwise possesses the substantive qualifications to vote in this state,

except the required residence; and

2. The citizen complies with the provisions of sections 16.1-13-37, 16.1-13-41, and

16.1-13-44.
N.D. Cent. Code § 16.1-06-20 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-20
16.1-06-20. Election inspector and judges to display material and provide instruction
Status: in_force

16.1-06-20. Election inspector and judges to display material and provide instruction

In addition to other duties provided by law, the election inspector and judges shall provide

adequate instruction on the use of the voting device to each voter before the voter enters the

voting booth.
N.D. Cent. Code § 16.1-13-06 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-06
16.1-13-06. Defeated primary candidate ineligible to have name printed on general ballot - Exception
Status: in_force

16.1-13-06. Defeated primary candidate ineligible to have name printed on general

ballot - Exception.

Except to fill a vacancy occurring on the ballot, an individual who was a candidate for

nomination by any party or a candidate for a no-party office at any primary election in any year

and who was defeated for the nomination may not have that individual's name printed upon the

official ballot at the ensuing general election for the same office.
N.D. Cent. Code § 16.1-06-07 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-07
16.1-06-07. Arrangement of names on ballot for presidential electors
Status: repealed

16.1-06-07. Arrangement of names on ballot for presidential electors

Repealed by S.L. 1981, ch. 230, § 8; 1981, ch. 240, § 3.
N.D. Cent. Code § 16.1-13-29 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-29
16.1-13-29. Election booths or compartments - Number required - Expense
Status: in_force

16.1-13-29. Election booths or compartments - Number required - Expense

The inspector of elections shall provide a sufficient number of voting booths or

compartments in the inspector's polling place, which must be designed to enable the elector to

mark, or in the case of ballot marking devices, enter by touchscreen or other data entry device,

the elector's ballot screened from observation. The number of booths or compartments in

precincts may not be less than one for each one hundred fifty electors or fraction of

one hundred fifty electors in the precincts served by the polling place. The expense of providing

the booths or compartments must be paid in the same manner as other election expenses. At

least one certified tabulation device and ballot marking device must be provided in each polling

place.
N.D. Cent. Code § 16.1-08.1-02 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-02
16.1-08.1-02. Contributions statement required of candidate committees, candidates, and candidates for legislative office
Status: repealed

16.1-08.1-02. Contributions statement required of candidate committees, candidates,

and candidates for legislative office.

Repealed by S.L. 2017, ch. 155, §13.
N.D. Cent. Code § 16.1-14.1-03 — ND Code / Title 16.1 / Chapter 16.1-14.1 / Section 16.1-14.1-03
16.1-14.1-03. Pledge
Status: in_force

16.1-14.1-03. Pledge

Each elector nominee and alternate elector nominee of a political party shall execute the

following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots

for president and vice president for the nominees for those offices of the party that nominated

me." The executed pledge must accompany the submission of the corresponding names to the

secretary of state.
N.D. Cent. Code § 16.1-01-15 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-15
16.1-01-15. Secretary of state to establish and maintain an election fund
Status: in_force

16.1-01-15. Secretary of state to establish and maintain an election fund

The secretary of state shall establish and maintain a fund, known as the election fund, in the

state treasury for the purpose of depositing payments and grants made to the state under the

provisions of sections 101, 101(c), and 906, and title III of the Help America Vote Act of 2002

[Pub. L. 107-252; 116 Stat. 1666; 42 U.S.C. 15301, 42 U.S.C. 15545, 42 U.S.C. 15481-15502]

and funds appropriated by the state. The moneys in the election fund and any interest earnings

on the election fund must be used for the exclusive purpose of carrying out activities of the Help

America Vote Act of 2002 and are subject to chapter 54-16.
N.D. Cent. Code § 16.1-11-02.1 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-02.1
16.1-11-02.1. Presidential preference contest conduct - Mail ballot election
Status: repealed

16.1-11-02.1. Presidential preference contest conduct - Mail ballot election

Repealed by S.L. 2003, ch. 174, § 6.
N.D. Cent. Code § 16.1-13-44 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-44
16.1-13-44. Application of other statutes to presidential elector ballots
Status: in_force

16.1-13-44. Application of other statutes to presidential elector ballots

Except as provided in sections 16.1-13-35 through 16.1-13-44, the provisions of law relating

to absent voters' ballots apply also to the casting and counting of presidential elector ballots of

new residents, the furnishing of election supplies, ballots, canvassing of ballots, and making

proper returns of the results of the election.
N.D. Cent. Code § 16.1-14.1-06 — ND Code / Title 16.1 / Chapter 16.1-14.1 / Section 16.1-14.1-06
16.1-14.1-06. Elector voting
Status: in_force

16.1-14.1-06. Elector voting

1. At the time designated for elector voting and after all vacant positions have been filled

under section 16.1-14.1-05, the secretary of state shall provide each elector with a

presidential and a vice presidential ballot. The elector shall mark the elector's

presidential and vice presidential ballots with the elector's votes for the offices of

president and vice president, respectively, along with the elector's signature and the

elector's legibly printed name.

2. Except as otherwise provided by law other than this chapter, each elector shall present

both completed ballots to the secretary of state, who shall examine the ballots and

accept as cast all ballots of electors whose votes are consistent with their pledges

executed under section 16.1-14.1-03 or subsection 3 of section 16.1-14.1-05. Except

as otherwise provided by law other than this chapter, the secretary of state may not

accept and may not count either an elector's presidential or vice presidential ballot if

the elector has not marked both ballots or has marked a ballot in violation of the

elector's pledge.

3. An elector who refuses to present a ballot, presents an unmarked ballot, or presents a

ballot marked in violation of the elector's pledge executed under section 16.1-14.1-03

or subsection 3 of section 16.1-14.1-05 vacates the office of elector, creating a vacant

position to be filled under section 16.1-14.1-05.

4. The secretary of state shall distribute ballots to and collect ballots from a substitute

elector and repeat the process under this section of examining ballots, declaring and

filling vacant positions as required, and recording appropriately completed ballots from

the substituted electors, until all of this state's electoral votes have been cast and

recorded.
N.D. Cent. Code § 16.1-10-08 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-08
16.1-10-08. Penalty for violation of chapter
Status: in_force

16.1-10-08. Penalty for violation of chapter

Any person violating any provision of this chapter, for which another penalty is not

specifically provided, is guilty of a class A misdemeanor.
N.D. Cent. Code § 16.1-01-10 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-10
16.1-01-10. Secretary of state to pass upon sufficiency of petitions - Method - Time limit
Status: in_force

16.1-01-10. Secretary of state to pass upon sufficiency of petitions - Method - Time

limit.

1. The secretary of state shall have a reasonable period, not to exceed thirty-five days, in

which to pass upon the sufficiency of any petition mentioned in section 16.1-01-09.

The secretary of state shall conduct a representative random sampling of the

signatures contained in the petitions by the use of questionnaires, postcards,

telephone calls, personal interviews, or other accepted information-gathering

techniques, or any combinations thereof, from which the secretary of state may

exercise the secretary's judgment as to the validity of the individual signatures or

groupings of signatures and other irregularities in the petition, thereby determining

whether those signatures are to be counted as part of the necessary signature

amount. Signatures determined by the secretary of state to be invalid may not be

counted and if the number of valid signatures received is less than the required

number of signatures to place the measure on the ballot, the secretary of state may

not allow the measure to be placed on the ballot. When the secretary of state does not

approve the measure to be placed on the ballot due to an insufficient petition, the

action is presumed to be lawful, unless the presumption is rebutted by clear and

convincing evidence that the action of the secretary of state was unlawful. All violations

of law discovered by the secretary of state must be reported to the attorney general for

prosecution.

2. For purposes of this section "clear and convincing evidence" means that degree of

proof which, considering all the evidence in the case, produces the firm and abiding

belief that it is highly probable that the proposition on which the challenging party has

the burden of proof is true.
N.D. Cent. Code § 16.1-10-06.2 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-06.2
16.1-10-06.2. Sale or distribution at polling place
Status: in_force

16.1-10-06.2. Sale or distribution at polling place

A person may not approach a person attempting to enter a polling place, or who is in a

polling place, for the purpose of selling, soliciting for sale, advertising for sale, or distributing any

merchandise, product, literature, or service. A person may not approach a person attempting to

enter a polling place, who is in a polling place, or who is leaving a polling place for the purpose

of gathering signatures for any reason. These prohibitions apply in any polling place or within

one hundred feet [30.48 meters] from any entrance leading into a polling place while it is open

for voting.
N.D. Cent. Code § 16.1-15-48 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-48
16.1-15-48. Canvassing returns of constitutional amendment or other proposition - Certified abstract of result - Contents
Status: in_force

16.1-15-48. Canvassing returns of constitutional amendment or other proposition -

Certified abstract of result - Contents.

For the purpose of canvassing and ascertaining the result of the votes cast at any election

upon any proposed amendment to the constitution, or any other proposition submitted to a vote

of the people, the state canvassing board shall proceed to examine the abstracts received by

the secretary of state from the county auditors to ascertain and determine the result. The board

shall certify a statement of the whole number of votes cast for and the whole number of votes

cast against an amendment or proposition, and it shall determine whether the amendment or

proposition has been approved and ratified by a majority of the electors voting thereon, and a

certificate of that determination must be prepared and subscribed on the statement.
N.D. Cent. Code § 16.1-10-01 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-01
16.1-10-01. Corrupt practice - What constitutes
Status: in_force

16.1-10-01. Corrupt practice - What constitutes

A person is guilty of corrupt practice within the meaning of this chapter if the person willfully

engages in any of the following:

1. Expends any money for election purposes contrary to the provisions of this chapter.

2. Engages in any of the practices prohibited by section 12.1-14-02 or 12.1-14-03.

3. Is guilty of the use of state services or property or the services or property of a political

subdivision of the state for political purposes.
N.D. Cent. Code § 16.1-07-11 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-11
16.1-07-11. Submitting ballot to inspector of elections
Status: repealed

16.1-07-11. Submitting ballot to inspector of elections

Repealed by S.L. 2021, ch. 164, § 114.
N.D. Cent. Code § 16.1-06-15 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-15
16.1-06-15. Mandatory testing of voting systems before each election and after tabulation of ballots
Status: in_force

16.1-06-15. Mandatory testing of voting systems before each election and after

tabulation of ballots.

1. All voting systems used in this state must be tested according to guidelines

established by the secretary of state and as follows to ascertain whether the automatic

tabulating equipment will accurately count the votes cast for all offices and measures.

The testing must be conducted before each election at which the system will be used.

The testing must be done by the county auditor or county auditor's designee, and after

each test, the testing materials and any preaudited ballots used during the test must

be sealed and retained in the same manner as election materials after an election.

2. The test of a voting system employing paper ballots must be conducted by processing

a preaudited group of ballots on which are recorded a predetermined number of valid

votes for each candidate and measure and must include for each office one or more

ballots which have votes in excess of the number allowed by law in order to test the

ability of the automatic tabulating equipment to reject such votes. During the test a

different number of valid votes must be assigned to each candidate for an office and

for and against each measure. If an error is detected, the cause of it must be

ascertained and corrected, and an errorless count must be secured and filed as

provided in this section.

3. The test must be conducted at least one week before the election. One week before

the test is conducted, the county auditor must send the district chairman of each

political party having a candidate on the ballot a notice of the test. The notice must

state the time, place, and date of the test or tests and that the district chairman or

district chairman's designee may attend.

4. At the conclusion of the test, the programming for each voting device must be sealed

within the device with a unique numbered seal that must be verified by the election

inspector before the opening of the polls to make sure the programming has not been

removed from the device.

5. After each statewide primary, general, and special election, the secretary of state shall

order a postelection audit for one polling location selected randomly in each county of

the state. The postelection audit must be commenced on the sixth day following

election day and concluded by the eighth day following election day. The county

recorder shall deliver to the county auditor the wrapped ballots from the polling

location subject to the postelection audit. The secretary of state may further define the

procedure for conducting a postelection audit in writing.

6. The county auditor shall appoint an election board consistent with the procedure under

section 16.1-05-01 to conduct the postelection audit. The county auditor shall notice

the date, time, and location of the postelection audit. The election board shall review

the ballots received under subsection 5 from one federal contest, one statewide

contest, one legislative contest if a legislative contest appeared on the ballot, and one

county contest. If the election board discovers a discrepancy between the automated

tabulating equipment and the results of the postelection audit, the secretary of state

may request additional postelection audits within the county, which must serve as the

official record used during canvassing.

7. Upon completion of the postelection audit, the election board shall prepare the ballots

as specified in section 16.1-15-08 and the county auditor shall deliver the ballots to the

county recorder for storage as required under section 16.1-15-13. The election board

shall submit the results of the postelection audit to the secretary of state, who shall

publish the results.
N.D. Cent. Code § 16.1-11.1-07 — ND Code / Title 16.1 / Chapter 16.1-11.1 / Section 16.1-11.1-07
16.1-11.1-07. Counting of mail ballots
Status: in_force

16.1-11.1-07. Counting of mail ballots

A mail ballot may be counted only if:

1. The ballot is returned in the return identification envelope by the close of polls on

election day;

2. The envelope is signed by the elector to whom the ballot is issued; and

3. The signature has been verified by the election board with the signature on the

elector's mail ballot application form.
N.D. Cent. Code § 16.1-02-06 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-06
16.1-02-06. Reporting deceased individuals and changes of names - Changes to records in the central voter file
Status: in_force

16.1-02-06. Reporting deceased individuals and changes of names - Changes to

records in the central voter file.

1. The department of health and human services shall provide for the regular reporting to

the secretary of state the name, address, date of birth, and county of residence, if

available, of each individual eighteen years of age or older who has died while

maintaining residence in this state since the last report. Within thirty days after

receiving a report, the secretary of state shall designate each individual included in the

report as "deceased" in the central voter file.

2. The department of health and human services shall provide for the regular reporting to

the secretary of state the name, address, date of birth, and county of residence, if

available, of each individual eighteen years of age or older whose name was changed

by marriage since the last report.

3. After receiving notice of death of an individual who has died outside the county, the

county auditor shall designate that individual as "deceased" in the central voter file.

Notice must be in the form of a printed obituary or a written statement signed by an

individual having knowledge of the death of the individual.
N.D. Cent. Code § 16.1-01-05.1 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-05.1
16.1-01-05.1. Voter lists - Addition or transfer of names
Status: in_force

16.1-01-05.1. Voter lists - Addition or transfer of names

Through the use of the central voter file provided for in chapter 16.1-02, the secretary of

state shall establish a procedure by which a county auditor may transfer an individual's name

from the voter list of one precinct to the voter list of another precinct in the state if the individual

establishes a new residence, and by which an individual who establishes residence in the state

may have the individual's name placed on the voter list in the appropriate precinct. The

procedure provided for in this section may not be used to require the registration of electors.
N.D. Cent. Code § 16.1-01-15.1 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-15.1
16.1-01-15.1. Use of nonpublic funds prohibited - Penalty
Status: in_force

16.1-01-15.1. Use of nonpublic funds prohibited - Penalty

1. The state and political subdivisions may not solicit, accept, or use any grants or

donations from private persons for elections operations or administration except:

a. The use of privately owned facilities for polling places;

b. Food for poll workers; and

c. Other nonmonetary donations that are not used to prepare, process, mark,

collect, or tabulate ballots or votes.

2. The state or any political subdivision of this state may not use a private entity to

administer an election.

3. An individual who knowingly violates subsection 1 is guilty of a class A misdemeanor.
N.D. Cent. Code § 16.1-11-17 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-17
16.1-11-17. Filling vacancy in party primary election ballot permissible - Petition - Affidavit
Status: repealed

16.1-11-17. Filling vacancy in party primary election ballot permissible - Petition -

Affidavit.

Repealed by S.L. 1995, ch. 207, § 20.
N.D. Cent. Code § 16.1-08.1-05 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-05
16.1-08.1-05. Audit by secretary of state - Requested audits - Reports
Status: in_force

16.1-08.1-05. Audit by secretary of state - Requested audits - Reports

1. If a substantial irregularity is evident or reasonably alleged, the secretary of state may

arrange an audit of any statement filed pursuant to this chapter, to be performed by a

certified public accountant of the filer's choice, subject to approval by the secretary of

state. If an audit of a statement arranged by the secretary of state under this

subsection reveals a violation of this chapter, the candidate, political party, political

committee, or other person filing the statement shall pay a fine to the secretary of state

equal to two hundred percent of the aggregate of contributions and expenditures found

to be in violation or an amount sufficient to pay the cost of the audit, whichever is

greater. If an audit of a statement arranged by the secretary of state under this

subsection does not reveal a violation of this chapter, the cost of the audit must be

paid for by the secretary of state.

2. If a substantial irregularity is reasonably alleged, the secretary of state may arrange an

audit of any statement filed pursuant to this chapter, performed by a certified public

accountant of the filer's choice, subject to approval by the secretary of state, upon

written request by any interested party made to the secretary of state within thirty days

following receipt of a statement by the secretary of state. The request must be made in

writing, recite a substantial irregularity and a lawful reason for requesting an audit, and

be accompanied by a bond in an amount established by the secretary of state

sufficient to pay the cost of the audit. If an audit of a statement arranged by the

secretary of state under this subsection reveals a violation of this chapter, the

candidate, political party, or political committee filing the statement shall pay a fine to

the secretary of state equal to two hundred percent of the aggregate of contributions

and expenditures found to be in violation or an amount sufficient to pay the cost of the

audit, whichever is greater, and the bond shall be returned to the person submitting it.

If an audit of a statement arranged by the secretary of state under this subsection

does not reveal a violation of this chapter, the cost of the audit must be satisfied from

the bond filed with the secretary of state.

3. An audit may not be made or requested of a statement for the sole reason that it was

not timely filed with the secretary of state. An audit made or arranged according to this

section must audit only those items required to be included in any statement,

registration, or report filed with the secretary of state according to this chapter. The

secretary of state may collect any payment obligation arising out of this section by civil

action or by assignment to a collection agency, with any costs of collection to be added

to the amount owed and to be paid by the delinquent filer. Any remaining moneys

collected by the secretary of state after an audit is paid for under this section must be

deposited in the state's general fund. This section does not apply to statements filed

by candidates or candidate committees for candidates for county, city, or school district

offices.
N.D. Cent. Code § 16.1-15-14 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-14
16.1-15-14. Failure to comply with formalities not to invalidate election - Evidence of compliance
Status: in_force

16.1-15-14. Failure to comply with formalities not to invalidate election - Evidence of

compliance.

Failure by election board officers to comply with any of the formalities required by this

chapter as to the return of the ballots does not invalidate any election nor cause any ballot

otherwise regular to be disregarded. Any omission or irregularity in the manner of identifying or

returning the ballots of any precinct may be obviated by proof under the ordinary rules of

evidence.
N.D. Cent. Code § 16.1-02-02 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-02
16.1-02-02. Costs of creating and maintaining a central voter file
Status: in_force

16.1-02-02. Costs of creating and maintaining a central voter file

The offices required to perform the functions and duties of this chapter shall bear the costs

incurred in performing those duties, and the secretary of state shall pay the costs of operating

and maintaining the central voter file. As used in this section, costs of maintaining the central

voter file mean costs of annual software licenses, costs for software hosting, costs of necessary

enhancements to the software, database updates, and the costs for implementing the duties

and responsibilities of the secretary of state's office relating to the central voter file.
N.D. Cent. Code § 16.1-08.1-03.6 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.6
16.1-08.1-03.6. Contributions from federal campaign committee accounts or from contributions made to other candidates or former candidates limited
Status: repealed

16.1-08.1-03.6. Contributions from federal campaign committee accounts or from

contributions made to other candidates or former candidates limited.

Repealed by S.L. 2001, ch. 202, § 7.
N.D. Cent. Code § 16.1-10-04.1 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-04.1
16.1-10-04.1. Certain political advertisements to disclose name of sponsor - Name disclosure requirements
Status: in_force

16.1-10-04.1. Certain political advertisements to disclose name of sponsor - Name

disclosure requirements.

Every political advertisement by newspaper, pamphlet or folder, display card, sign, poster,

or billboard, website, or by any other similar public means, on behalf of or in opposition to any

candidate for public office, designed to assist, injure, or defeat the candidate by reflecting upon

the candidate's personal character or political action, or by a measure committee as described

in section 16.1-08.1-01, or a corporation making an independent expenditure either for or

against a measure, must disclose on the advertisement the name of the person, as defined in

section 16.1-08.1-01, or political party paying for the advertisement. If the name of a political

party, association, or partnership is used, the disclaimer must also include the name of the

chairman or other responsible individual from the political party, association, or partnership. The

name of the person paying for any radio or television broadcast containing any advertising

announcement for or against any candidate for public office must be announced at the close of

the broadcast. If the name of a political party, association, or partnership is used, the disclaimer

must also include the name of the chairman or other responsible individual from the political

party, association, or partnership. In every political advertisement in which the name of the

person paying for the advertisement is disclosed, the first and last name of any named

individual must be disclosed. An advertisement paid for by an individual candidate or group of

candidates must disclose that the advertisement was paid for by the individual candidate or

group of candidates. The first and last name or names of the candidates paying for the

advertisement are not required to be disclosed. This section does not apply to campaign

buttons.
N.D. Cent. Code § 16.1-11.1-02 — ND Code / Title 16.1 / Chapter 16.1-11.1 / Section 16.1-11.1-02
16.1-11.1-02. Application for mail ballots
Status: in_force

16.1-11.1-02. Application for mail ballots

The county auditor shall mail an application form for a mail ballot to each active voter listed

in the central voter file for the county and each qualified individual eligible to vote in the state for

the first time on one date no sooner than the fiftieth day before the election and no later than the

fortieth day before the election. The county auditor, for two consecutive weeks after the date on

which the mail ballot applications are mailed, shall publish in the official newspaper of the

county an application form for a mail ballot and a notice that additional mail ballot applications

may be obtained from the election official. The application form for a mail ballot must be in

substantially the form provided in section 16.1-07-06.
N.D. Cent. Code § 16.1-11-33 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-33
16.1-11-33. Judges of election to run report of primary election - Contents
Status: in_force

16.1-11-33. Judges of election to run report of primary election - Contents

The judges of a primary election in each polling place shall run a separate report for each

political party or principle requesting the report, containing the names of all individuals voted for

at the primary election, the number of votes cast for each candidate, and for what office. The

report must be approved and signed by the election inspector and election judges and must be

filed with the returns in the office of the county auditor.
N.D. Cent. Code § 16.1-08.1-03.15 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.15
16.1-08.1-03.15. Contributions from and expenditures by foreign nationals prohibited
Status: in_force

16.1-08.1-03.15. Contributions from and expenditures by foreign nationals prohibited

1. A foreign national may not make or offer to make, directly or indirectly, a contribution or

expenditure in connection with any election.

2. A candidate, candidate committee, political party, or any other person may not solicit,

accept, or receive, directly or indirectly, a contribution from a foreign national.

3. For purposes of this section, unless the context otherwise requires, "foreign national"

means a person that is:

a. A foreign government;

b. A foreign political party;

c. A foreign corporation, partnership, association, organization, or other combination

of persons organized under the laws of or having its principal place of business in

a foreign country;

d. An individual with foreign citizenship; or

e. An individual who is not a citizen or national of the United States and is not

admitted lawfully to the United States for permanent residence.
N.D. Cent. Code § 16.1-06-11 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-11
16.1-06-11. Voting systems authorized
Status: in_force

16.1-06-11. Voting systems authorized

Voting systems may be used in accordance with this chapter. Voting systems may be

procured, provided the systems being procured have been approved and certified for

procurement and use in the state by the secretary of state according to section 16.1-06-26. The

system then may be used in any state, county, city, or district election in that precinct or other

voting area of which that precinct is a part.
N.D. Cent. Code § 16.1-10-02 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-02
16.1-10-02. Use of state or political subdivision services or property for political purposes
Status: in_force

16.1-10-02. Use of state or political subdivision services or property for political

purposes.

1. No person may use any property belonging to or leased by, or any service which is

provided to or carried on by, either directly or by contract, the state or any agency,

department, bureau, board, commission, or political subdivision thereof, for any

political purpose.

2. The following definitions must be used for the purposes of this section:

a. "Political purpose" means any activity undertaken in support of or in opposition to

a statewide initiated or referred measure, a constitutional amendment or

measure, a political subdivision ballot measure, or the election or nomination of a

candidate to public office and includes using "vote for", "oppose", or any similar

support or opposition language in any advertisement whether the activity is

undertaken by a candidate, a political committee, a political party, or any person.

In the period thirty days before a primary election and sixty days before a special

or general election, "political purpose" also means any activity in which a

candidate's name, office, district, or any term meaning the same as "incumbent"

or "challenger" is used in support of or in opposition to the election or nomination

of a candidate to public office. The term does not include activities undertaken in

the performance of public office or a position taken in any bona fide news story,

commentary, or editorial. Factual information may be presented regarding a ballot

question solely for the purpose of educating voters if the information does not

advocate for or against or otherwise reflect a position on the adoption or rejection

of the ballot question.

b. "Property" includes motor vehicles, telephones, typewriters, adding machines,

postage or postage meters, funds of money, and buildings. However, nothing in

this section may be construed to prohibit any candidate, political party,

committee, or organization from using any public building for such political

meetings as may be required by law, or to prohibit such candidate, party,

committee, or organization from hiring the use of any public building for any

political purpose if such lease or hiring is otherwise permitted by law.

c. "Services" includes the use of employees during regular working hours for which

such employees have not taken annual or sick leave or other compensatory

leave.
N.D. Cent. Code § 16.1-15-01.1 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-01.1
16.1-15-01.1. Counting write-in votes
Status: in_force

16.1-15-01.1. Counting write-in votes

1. A canvassing board may not be required to list in the official abstract of votes:

a. The number of write-in votes for an individual required to file a certificate of

write-in candidacy under section 16.1-12-02.2 but who has failed to file a

certificate of candidacy and be certified as a write-in candidate;

b. The number of write-in votes for a fictitious person or individual clearly not eligible

to qualify for the office for which the vote was cast;

c. A statement concerning a candidate under this subsection;

d. The number of write-in votes for a candidate for office if the total number of

write-in votes cast for the contest constitutes ten percent or less of the votes cast

by the voters for the candidate receiving the most votes for the office or political

party's nomination of a candidate for the office, except in the case of a primary

election in which enough votes were cast as write-in votes to qualify a name for

the general election ballot; or

e. The number of write-in votes for a candidate receiving fewer than three write-in

votes unless the number of votes received qualifies the candidate to be

nominated or elected.

2. A write-in vote for a candidate whose name is printed on the ballot will be tallied as a

vote for the candidate if the voter has not voted for more candidates than allowed for

the contest or voted for the same candidate more than once in that contest.

3. A write-in vote that does not need to be canvassed individually based on the

requirements of subsection 1 must be listed on the official canvass report as "scattered

write-ins".
N.D. Cent. Code § 16.1-15-09 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-09
16.1-15-09. Voting systems - Returns
Status: in_force

16.1-15-09. Voting systems - Returns

1. Election officers shall generate reports of votes cast and counted by voting systems for

all candidates and for any measures or questions as provided by law or rule.

2. Within the ability of a tabulation device to accurately do so, all votes must be counted

by the machine. After the election results have been accumulated centrally in the

county auditor's office, if the number or percentage of write-in votes for an office meet

the criteria in section 16.1-15-01.1, the county canvassing board shall review and

approve the canvass of the votes for the write-in names for that office conducted by

the county auditor's office to determine final election results.

3. The county auditor shall designate the public places where absentee and mail ballots

must be delivered and counted in the presence of the election inspector and at least

two election judges.

4. Each voting system must generate a printed record at the beginning of the system's

operation which verifies the tabulating elements for each candidate position and each

question and the public counter are all set at zero. The voting system also must be

equipped with an element that generates, at the end of the system's operation, a

printed record of the total number of voters whose ballots have been tabulated, the

total number of votes cast for each candidate on the ballot, and the total number of

votes cast for or against any measure appearing on the ballot. The election inspector

and election judges shall certify both printed records.

5. If any ballot is damaged or defective so the ballot cannot be counted properly by the

voting system, a true duplicate copy must be made by election officials of opposed

interests and substituted for the damaged or defective ballot. All duplicate ballots must

be labeled duplicate clearly, must bear a serial number that must be recorded on the

damaged or defective ballot, and must be wrapped and delivered with other ballots to

the county recorder.
N.D. Cent. Code § 16.1-01-04.2 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-04.2
16.1-01-04.2. Residence for voting - Rules for determining
Status: in_force

16.1-01-04.2. Residence for voting - Rules for determining

For purposes of voting:

1. Every qualified elector may have only one residence, shown by an actual fixed

permanent dwelling, establishment, or any other abode to which the individual returns

when not called elsewhere for labor or other special or temporary purposes.

2. The street address verified by the individual as provided in section 16.1-01-04.1 when

requesting a ballot to vote must be the address of residence for the individual.

3. An individual retains a residence in this state until another has been gained.

4. The acts of residing at a new address for thirty days and verifying that address as

provided under section 16.1-01-04.1 constitute a change in the individual's voting

residence.
N.D. Cent. Code § 16.1-07-20 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-20
16.1-07-20. Role of secretary of state
Status: in_force

16.1-07-20. Role of secretary of state

1. The secretary of state is responsible for implementing sections 16.1-07-18 through

16.1-07-33 and the state's responsibilities under the Uniformed and Overseas Citizens

Absentee Voting Act [42 U.S.C. 1973ff et seq.].

2. The secretary of state shall make available to covered voters information regarding

procedures for casting military-overseas ballots.

3. The secretary of state shall establish an electronic transmission system through which

covered voters may apply for and receive documents and other information under

sections 16.1-07-18 through 16.1-07-33.

4. The secretary of state shall develop standardized absentee-voting materials, including

privacy and transmission envelopes and electronic equivalents, authentication

materials, and voting instructions, to be used with the military-overseas ballot of a

voter authorized to vote in any jurisdiction in this state and, to the extent reasonably

possible, shall do so in coordination with other states.

5. The secretary of state shall prescribe the form and content of a declaration for use by

a covered voter to swear or affirm specific representations pertaining to the voter's

identity, eligibility to vote, status as a covered voter, and timely and proper completion

of an overseas-military ballot. The declaration must be based on the declaration

prescribed to accompany a federal write-in absentee ballot under the Uniformed and

Overseas Citizens Absentee Voting Act [103, 42 U.S.C. 1973ff-2], as modified to be

consistent with sections 16.1-07-18 through 16.1-07-33. The secretary of state shall

ensure that a form for the execution of the declaration, including an indication of the

date of execution of the declaration, is a prominent part of all balloting materials for

which the declaration is required.
N.D. Cent. Code § 16.1-13-32 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-32
16.1-13-32. Securing new ballot upon spoiling of others
Status: in_force

16.1-13-32. Securing new ballot upon spoiling of others

If any elector spoils a ballot before casting the ballot in the ballot box, the elector may obtain

others successively, one at a time, not exceeding three in all, upon returning each spoiled ballot.

Each paper ballot returned must be canceled immediately and, together with those not

distributed to the electors, must be preserved and secured in sealed packages and returned to

the county recorder.
N.D. Cent. Code § 16.1-13-08.2 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-08.2
16.1-13-08.2. Death or disqualification of legislative candidate
Status: in_force

16.1-13-08.2. Death or disqualification of legislative candidate

If a candidate for an office of a member of the legislative assembly who has died or become

disqualified for the office receives enough votes to be elected except for the death or

disqualification, a vacancy in the office is deemed to exist, and must be filled according to

section 44-02-03.1. If an individual elected to the legislative assembly dies or becomes

disqualified after the election but before the individual's term of office begins, a vacancy in the

office exists and must be filled according to section 44-02-03.1 as if the individual's term of

office had begun. An individual is disqualified for an office if the individual fails to meet the

qualifications under law for the office.
N.D. Cent. Code § 16.1-15-26 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-26
16.1-15-26. Notification of date of receiving returns in secretary of state's office
Status: in_force

16.1-15-26. Notification of date of receiving returns in secretary of state's office

An electronic notification of the date of reception of all returns of votes in the secretary of

state's office must be made to each county auditor.
N.D. Cent. Code § 16.1-07-04 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-04
16.1-07-04. When ballots furnished proper officials
Status: in_force

16.1-07-04. When ballots furnished proper officials

The county auditor, or any other officer required by law to prepare any general, special, or

primary state election ballots or any county election ballots, shall prepare, have printed, and

deliver to the county auditor at least forty days before the holding of any general, special, or

primary state election a sufficient number of absent voter ballots for the use of all voters likely to

require such ballots for that election. In city or school elections, the auditor or clerk of the city,

the business manager of the school district, or any other officer required by law to prepare city

or school election ballots shall prepare and have printed and available for distribution to the

public at least forty days before the holding of any city or school election a sufficient number of

absent voter's ballots for the use of all voters likely to require such ballots for that election.

Officers authorized to distribute absent voter's ballots under this chapter shall ensure all ballots

used as absent voter's ballots are secure at all times and accessible only to those persons

under the officer's supervision for distribution. If an election official personally distributes and

collects an absent voter's ballot outside the election official's office, appointed election judges

from an election board shall accompany the election official along with the ballot to and from the

voter's location and be present while the voter is marking the ballot.
N.D. Cent. Code § 16.1-14-02 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-02
16.1-14-02. Secretary of state to prepare certificates of election
Status: in_force

16.1-14-02. Secretary of state to prepare certificates of election

The secretary of state shall prepare certificates of election for each presidential elector

chosen at the election. Each certificate must be signed by the governor and the secretary of

state and the great seal of the state must be affixed thereto. One certificate must be delivered to

each of the electors chosen.
N.D. Cent. Code § 16.1-03-11 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-11
16.1-03-11. State committee - Meetings - Organization
Status: in_force

16.1-03-11. State committee - Meetings - Organization

The state committee shall meet on or before July first of each odd-numbered year. The

committee shall organize by selecting officers as provided for by the state committee bylaws

and by adopting rules and modes of procedure, including rules and procedures regarding the

selection of state convention delegates. Within thirty days following the state committee's

organization, the newly elected chairman shall notify the secretary of state of the names of the

party officers selected.
N.D. Cent. Code § 16.1-15-44 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-44
16.1-15-44. Secretary of state to record statement of general or special election, prepare certificates of election, publish abstract
Status: in_force

16.1-15-44. Secretary of state to record statement of general or special election,

prepare certificates of election, publish abstract.

After receiving each certified statement and determination made by the state canvassing

board, the secretary of state shall record the same in the secretary of state's office and shall

prepare, and transmit to each of the individuals declared to be elected, a certificate of election

as provided in this chapter. If the election results indicate that any candidate is entitled to a

recount or to demand a recount pursuant to section 16.1-16-01, the secretary of state may not

prepare or deliver the certificate of election until the time to demand a recount has expired, or

the recount results have been determined and the winner declared, whichever is later. The

secretary of state shall cause a copy of the certified abstract and determination to be published

in the official newspaper of Burleigh County.
N.D. Cent. Code § 16.1-11-34 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-34
16.1-11-34. Counting and canvassing of votes in presidential preference contest
Status: repealed

16.1-11-34. Counting and canvassing of votes in presidential preference contest

Repealed by S.L. 2005, ch. 185, § 18.
N.D. Cent. Code § 16.1-07-05 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-05
16.1-07-05. Time for applying for ballot - Emergency situations - Sufficient time for application and ballot return
Status: in_force

16.1-07-05. Time for applying for ballot - Emergency situations - Sufficient time for

application and ballot return.

1. At any time in an election year, any qualified elector may apply to the county auditor,

the auditor or clerk of the city, or the business manager of the school district, as the

case may be, by personal delivery, facsimile, electronic mail or otherwise, for an official

ballot to be voted at that election. A voter may obtain an application form approved by

the secretary of state, for an absent voter's ballot for a general, special, primary,

county, city, or school election from the secretary of state, a county or city auditor, a

candidate, a political party, or a political committee. The application form must provide

the applicant the ability to indicate which elections in the calendar year the applicant

wishes to vote by absentee ballot.

2. No auditor or clerk may issue ballots for absentee voters on the day of the election

except to individuals prevented from voting in person on the day of the election due to

an emergency. An individual requesting an absentee ballot on the day of the election

due to an emergency must do so through an agent as set forth in this chapter. An

agent may represent only one individual. The absentee ballot must be returned to the

county auditor's office by four p.m. on the day of the election.

3. A completed application must be submitted to the appropriate election official in a

timely manner so as to allow the applicant to receive, complete, and mail the absent

voter's ballot before the day of the election.
N.D. Cent. Code § 16.1-07-07 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-07
16.1-07-07. Delivering application form for ballot
Status: in_force

16.1-07-07. Delivering application form for ballot

The officers specified in section 16.1-07-05, upon request, shall provide an application form

for an absent voter's ballot to the voter or may deliver the application form to the voter upon a

personal application made at the officer's office. The officers also may make available or

distribute the applications, prescribed by the secretary of state, to the public without any specific

request being made for the applications. For every primary, general, special statewide, district,

or county election, the county auditor shall mail the applications in an envelope prescribed by

the secretary of state.
N.D. Cent. Code § 16.1-01-03 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-03
16.1-01-03. Opening and closing of the polls
Status: in_force

16.1-01-03. Opening and closing of the polls

The polls at all primary, general, and special elections must be opened at nine a.m. or

earlier, but not earlier than seven a.m., as designated for any precinct by resolution of the

governing body of the city or county in which the precinct is located. The polls must remain open

continuously until seven p.m. or a later hour, not later than nine p.m., as may be designated for

a precinct by resolution of the governing body of the city or county in which the precinct is

located. All electors standing in line to vote at the time the polls are set to close must be allowed

to vote, but electors arriving after closing time may not be allowed to vote. A voter may take up

to thirty minutes to mark and cast the ballot after receiving the ballot from the election judge.

After the polls close, the election board shall generate the report of the vote totals not later than

thirty minutes after the last elector in line at the closing time received a ballot. An elector

remaining in the polling place after the thirty minutes have expired who has not completed

marking the ballot must be offered the choice of casting the ballot as marked or continuing to

mark the ballot. If the elector chooses to continue marking the ballot, the ballot selections must

be excluded from the report of the vote totals generated by the election board but must be

forwarded by the election board to the canvassing board and added to the final tally. The

secretary of state shall develop uniform, mandatory procedures for election boards to ensure

the secrecy of each elector's ballot. The election officers present are responsible for determining

who arrived in time to vote, and the election officers shall establish appropriate procedures for

making that determination. All determinations required to be made pursuant to this section

relating to polling hours must be made, and the county auditor notified of the determinations, no

later than thirty days before an election.
N.D. Cent. Code § 16.1-04-03 — ND Code / Title 16.1 / Chapter 16.1-04 / Section 16.1-04-03
16.1-04-03. Time limitations
Status: repealed

16.1-04-03. Time limitations

Repealed by S.L. 2017, ch. 154, § 17.
N.D. Cent. Code § 16.1-15-28 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-28
16.1-15-28. Certificate of election for officers elected in county at general election
Status: in_force

16.1-15-28. Certificate of election for officers elected in county at general election

Immediately after the canvass of the general election returns by the county canvassing

board, the county auditor shall prepare a certificate of election for each of the persons having

the highest number of votes for county offices and shall deliver the certificate to the person

entitled thereto on the person's making application to the county auditor therefor. If the election

results indicate that any candidate is entitled to a recount or to demand a recount pursuant to

section 16.1-16-01, the county auditor may not prepare or deliver the certificate of election until

the time to demand a recount has expired or the recount results have been determined and the

winner declared, whichever is later.
N.D. Cent. Code § 16.1-15-25 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-25
16.1-15-25. County auditor to forward abstract of votes of general election to secretary of state - Contents - Abstract for presidential electors
Status: in_force

16.1-15-25. County auditor to forward abstract of votes of general election to

secretary of state - Contents - Abstract for presidential electors.

Before four p.m. on the thirteenth day following any general election, the county auditor of

each county shall provide to the secretary of state a certified abstract of the votes cast in the

county at the election according to the reporting instructions specified by the secretary of state.
N.D. Cent. Code § 16.1-07-01 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-01
16.1-07-01. Absent voter
Status: in_force

16.1-07-01. Absent voter

Any qualified elector of this state may vote an absent voter's ballot at any general, special,

or primary state election, any county election, or any city or school district election. An elector

who votes by absentee ballot may not vote in person at the same election.
N.D. Cent. Code § 16.1-11-38 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-38
16.1-11-38. Tie vote determination
Status: in_force

16.1-11-38. Tie vote determination

In case of a tie vote the nominee or nominees must be determined by a drawing of names

in the presence of the candidates upon at least five days' notice to each candidate, by the

canvassing board or boards concerned, at a time and place designated by the board. A

candidate involved in a tie vote may withdraw the candidate's name from consideration if the

candidate is willing to sign a statement to that effect in the presence of and witnessed by the

filing officer of the election. If no candidates remain, the office is to be filled according to the

rules of filling an office when a vacancy exists.
N.D. Cent. Code § 16.1-01-02.3 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-02.3
16.1-01-02.3. Special election costs - Reimbursement
Status: in_force

16.1-01-02.3. Special election costs - Reimbursement

The state shall reimburse each county for the costs incurred by the county for conducting a

statewide special election that is not held on the date of a statewide primary or general election.

Each county shall submit a detailed statement to the office of the budget which lists all

expenses incurred by the county in conducting the special election within forty-five days after

the special election. The office of the budget shall submit a request for an appropriation to

reimburse the counties to the next regular or special session of the legislative assembly. The

legislative assembly shall appropriate the funds necessary for the payment of the special

election costs.
N.D. Cent. Code § 16.1-01-12 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-12
16.1-01-12. Election offenses - Penalty
Status: in_force

16.1-01-12. Election offenses - Penalty

1. It is unlawful for an individual, measure committee as described in section

16.1-08.1-01, or other organization to:

a. Fraudulently alter another individual's ballot, substitute one ballot for another, or

otherwise defraud a voter of that voter's vote.

b. Cause a disturbance, breach the peace, or obstruct a qualified elector or a

member of the election board on the way to or at a polling place.

c. Vote more than once in any election.

d. Knowingly vote in the wrong election precinct or district.

e. Disobey the lawful command of an election officer as defined in chapter 16.1-05.

f. Knowingly exclude a qualified elector from voting or knowingly allow an

unqualified individual to vote.

g. Knowingly vote when not qualified to do so.

h. Sign an initiative, referendum, recall, or any other election petition when not

qualified to do so.

i. Circulate an initiative, referendum, recall, or any other election petition not in its

entirety or when unqualified to do so.

j. Pay or offer to pay any individual, measure committee, or other organization, or

receive payment or agree to receive payment, on a basis related to the number of

signatures obtained for circulating an initiative, referendum, or recall petition. This

subsection does not prohibit the payment of salary and expenses for circulation of

the petition on a basis not related to the number of signatures obtained, as long

as the circulators file the intent to remunerate before submitting the petitions and,

in the case of initiative and referendum petitions, fully disclose all contributions

received pursuant to chapter 16.1-08.1 to the secretary of state upon submission

of the petitions. The disclosure of contributions received under this section does

not affect the requirement to file a pre-election report by individuals or

organizations soliciting or accepting contributions for the purpose of aiding or

opposing the circulation or passage of a statewide initiative or referendum petition

or measure placed upon a statewide ballot by action of the legislative assembly

under chapter 16.1-08.1. Any signature obtained in violation of this subdivision is

void and may not be counted.

k. Willfully fail to perform any duty of an election officer after having accepted the

responsibility of being an election officer by taking the oath as prescribed in this

title.

l. Willfully violate any rule adopted by the secretary of state pursuant to this title.

m. Willfully make any false canvass of votes, or make, sign, publish, or deliver any

false return of an election, knowing the canvass or return to be false; or willfully

deface, destroy, or conceal any statement or certificate entrusted to the

individual's or organization's care.

n. Destroy ballots, ballot boxes, election lists, or other election supplies except as

provided by law, or negatively impact the confidentiality, integrity, or availability of

any system used for voting.

o. Sign a name other than that individual's own name to an initiative, referendum,

recall, or any other election petition.

p. Willfully submit an initiative or referendum petition that contains one or more

fraudulent signatures.

2. a. A violation of subdivisions b, e, f, or h through l of subsection 1 is a class A

misdemeanor.

b. A violation of subdivisions a, c, d, g, or m of subsection 1 is a class C felony.

c. A violation of subdivision n of subsection 1 is a class C felony.

d. A violation of subdivision o of subsection 1 is a class A misdemeanor if an

individual signs one or two names other than the individual's own name to a

petition and is a class C felony if an individual signs more than two names other

than the individual's own name to a petition.

e. An organization, as defined in section 12.1-03-04, that violates this section is

subject to the organizational fines in section 12.1-32-01.1. The court in which the

conviction is entered shall notify the secretary of state of the conviction and shall

order the secretary of state to revoke the certificate of authority of any convicted

organization or limited liability company. The organization may not reapply to the

secretary of state for authorization to do business under any name for one year

upon conviction of a class A misdemeanor and for five years upon conviction of a

class C felony under this section, except an organization operating a signature

gathering business, or similar enterprise, that violates subdivision p of

subsection 1, and is convicted of fraud, is subject to a class A misdemeanor and

may not reapply to the secretary of state for authorization to do business under

any name for five years following the entry of judgment.

f. A violation of subdivision p of subsection 1 by any member of a measure

committee, including an initiative or referendum sponsoring committee or an

agent acting on behalf of, or in conjunction with, a measure committee for the

purpose of collecting signatures for a petition under this chapter is subject to a

civil penalty of not more than three thousand dollars. The civil penalty may be

recovered in an action brought in the district court of Burleigh County by the

attorney general.

g. An individual who is a member of an organization may be convicted of a violation

as an accomplice under section 12.1-03-01.

3. Every act this chapter makes criminal when committed with reference to the election of

a candidate is equally criminal when committed with reference to the determination of

a question submitted to qualified electors to be decided by votes cast at an election.
N.D. Cent. Code § 16.1-11-09 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-09
16.1-11-09. Form of certificate of endorsement
Status: in_force

16.1-11-09. Form of certificate of endorsement

A certificate of endorsement filed with the proper officer as provided in this chapter must be

in substantially the following form:

CERTIFICATE OF ENDORSEMENT

I, ______________, do certify that I am the state (district) chairman of the

______________ political party of the ______________ legislative district (if appropriate) of

the state of North Dakota and that ______________ (insert name of endorsee), residing at

____________, whose nongovernment issued electronic mail address is ______________,

was duly endorsed for nomination to the office of ______________ on the

______________ day of __________, by the ______________ political party of the

______________ legislative district (if appropriate), duly convened and organized in

accordance with the bylaws of the ______________ political party and the laws of this

state, and do hereby request ______________ name be printed upon the ballot as a

candidate for nomination to the office of ______________ at the forthcoming primary

election to be held on ______________ of this year.

Dated this ____________ day of _________.

_________________________________________

(signature of state or district chairman)
N.D. Cent. Code § 16.1-15-04 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-04
16.1-15-04. Canvass report prepared by election board for county auditor
Status: in_force

16.1-15-04. Canvass report prepared by election board for county auditor

The election board shall generate at least one canvass report from the electronic voting

system. The ballots may not be sealed, nor may the canvass report be signed, by the election

board or poll clerk until the counts in the poll clerks' books and in the canvass report shows the

same totals for ballots cast.

In the case of the absentee ballot precinct as authorized in section 16.1-07-12.1, early

voting precincts as authorized in section 16.1-07-15, and mail ballot precinct as authorized in

section 16.1-11.1-06, if the work of the election board is completed prior to close of the polls on

election day, the election board shall create and sign a statement consisting of a reconciliation

of the number of voters recorded in the pollbook and the number of ballots processed through

the tabulators. The voting system must be secured in a manner prescribed by the county auditor

that will protect the system and ballots from tampering. Prior to generating the canvass report

from one of these three types of precincts, an election judge representing each political party, or

two election judges in the case of an election that does not include a political party contest, shall

verify that the system and ballots remain secure and the statement created by the election

board is still accurate.
N.D. Cent. Code § 16.1-15-22 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-22
16.1-15-22. County auditor to transmit abstract of votes to secretary of state after primary election
Status: in_force

16.1-15-22. County auditor to transmit abstract of votes to secretary of state after

primary election.

The county auditor of each county shall provide to the secretary of state the certified

abstract detailed in section 16.1-15-21, under separate political designation or principle, or

no-party designation, as the case may be, of the total number of votes cast in the auditor's

county and the votes cast for every candidate for nomination according to reporting instructions

specified by the secretary of state. The abstract must also include the total number of votes cast

for initiated or referred measures and constitutional amendments. The certified abstract must be

in the possession of the secretary of state before four p.m. on the thirteenth day after the

primary election.
N.D. Cent. Code § 16.1-01-01 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-01
16.1-01-01. Secretary of state to supervise election procedures - County administrator of elections
Status: in_force

16.1-01-01. Secretary of state to supervise election procedures - County administrator

of elections.

1. The secretary of state is, ex officio, supervisor of elections and may employ additional

personnel to administer this title. The secretary of state shall supervise the conduct of

elections and in that supervisory capacity has, in addition to other powers conferred by

law, the power to examine upon the secretary of state's request or the request of any

election official, any election ballot or other material, voting system authorized by

chapter 16.1-06, or device used in connection with any election, for the purpose of

determining sufficient compliance with the law and established criteria and standards

adopted by the secretary of state according to section 16.1-06-26. The secretary of

state, upon determining any ballot or other material, voting system, or device is not in

sufficient compliance with the law or established criteria and standards, shall direct the

proper changes to be made, and in the case of voting systems, may decertify the

voting systems according to the rules adopted under section 16.1-06-26.

2. In addition to other duties provided elsewhere by law, the secretary of state shall:

a. Develop and implement uniform training programs for all election officials in the

state.

b. Prepare information for voters on voting procedures.

c. Publish and distribute an election calendar, a manual on election procedures, and

a map of all legislative districts.

d. Convene a state election conference of county auditors at the beginning of each

election year and whenever deemed necessary by the secretary of state to

discuss uniform implementation of state election policies.

e. Prescribe the form of all ballots and the form and wording of ballots on state

referendum questions, issues, and constitutional amendments.

f. Investigate or cause to be investigated the nonperformance of duties or violations

of election laws by election officers.

g. Require such reports from county auditors on election matters as deemed

necessary.

h. Certify results of statewide elections.

i. Prepare and publish reports whenever deemed necessary on the conduct and

costs of voting in the state, including a tabulation of election returns and such

other information and statistics as deemed appropriate.

j. Establish standards for voting precincts and polling places, numbering precincts,

precinct maps, maintaining and updating pollbooks, and forms and supplies,

including but not limited to, ballots, pollbooks, and reports.

k. Prescribe the order in which each political subdivision will appear on an election

ballot.

l. Develop and conduct a test election for the state's voting system prior to each

statewide election utilizing the votes cast within each county according to the

logic and accuracy testing required in section 16.1-06-15.

3. In carrying out the secretary of state's duties and to assure uniform voting

opportunities throughout the state, and for the purpose of implementing the provisions

of this title and any other requirement imposed upon the state by the Help America

Vote Act of 2002 [Pub. L. 107-252; 116 Stat. 1666; 42 U.S.C. 15301 et seq.] not

otherwise addressed in this Act, the secretary of state may from time to time issue

rules the secretary of state deems necessary, which must be consistent with the

provisions of this title or the Help America Vote Act of 2002 and be adopted and

published in accordance with chapter 28-32, but which need not comply with section

28-32-07.

4. In each county there must be a county administrator of elections who must be the

county auditor. The county auditor is responsible to the secretary of state for the

proper administration within the auditor's county of state laws, rules, and regulations

concerning election procedures.

5. In addition to other statutory duties, the county auditor shall:

a. Procure and distribute supplies required for voting in the county.

b. Prepare and disseminate voter information as prescribed by the secretary of

state.

c. Fully comply with the test election required of this section.

d. Carry out uniform training programs for all county and precinct election officials as

prescribed by the secretary of state.

e. Provide completed reports on election matters as required by the secretary of

state.

f. Attend, or send a designee to attend, state election conferences convened by the

secretary of state.

g. Comply with the form of the ballot as prescribed by state law and the secretary of

state.

h. Comply with the standards for voting precincts and polling locations, numbering

precincts, precinct maps, maintaining and updating pollbooks, and forms and

supplies, including ballots, pollbooks, and reports as established by the secretary

of state.

i. Assist with investigations initiated by the secretary of state under this section.

j. Receive and handle complaints referred to the county auditor by any voter or

precinct official involving circulation of petitions, challenges to voters, actions of

election officials, or irregularities of any kind in voting. The county auditor shall

refer complaints to the secretary of state or the proper prosecuting authority, as

the county auditor deems appropriate.

Upon completion of the duties required by this subsection, the county auditor shall

certify to the secretary of state, in the manner prescribed by the secretary of state, that

the duties have been completed. A knowing violation of this subsection is an offense

under section 12.1-11-06.
N.D. Cent. Code § 16.1-15-33 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-33
16.1-15-33. State canvassing board - Membership - Oath - Quorum - Compensation
Status: in_force

16.1-15-33. If it appears that any material mistake has been made in the computation of votes

cast for any individual, or the county canvassing board in any county has failed to canvass the

votes or any part of the votes cast in any precinct in the county, the board may dispatch a

messenger to the county auditor of the county, at the expense of the county, with the board's

requirement in writing to the county auditor to certify the fact concerning the mistake or the

reason why the votes were not canvassed. The county auditor, to whom the requirement is

delivered, shall make a true and full answer to the board under the county auditor's hand and

official seal and shall deliver the answer with all convenient dispatch to the secretary of state.
N.D. Cent. Code § 16.1-12-10 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-10
16.1-12-10. Party committee to fill vacancy occurring after nomination for party office
Status: in_force

16.1-12-10. Party committee to fill vacancy occurring after nomination for party office

1. If a vacancy occurs in a slate of statewide candidates after the candidates have been

nominated at the primary election, the state executive committee of the party that

submitted the slate of statewide candidates may fill the vacancy by filing a certificate of

nomination with the secretary of state. The chairman and secretary of the committee

shall make and file with the secretary of state a certificate setting forth the cause of the

vacancy, the name of the individual for whom the new nominee is to be substituted, the

fact the committee was authorized to fill vacancies, and any other information required

to be provided in an original certificate of nomination. When the certificate of

nomination to fill a vacancy is filed, the secretary of state shall certify the new

nomination and the name of the individual who has been nominated to fill the vacancy

in place of the original nominee to the various county auditors. If the secretary of state

already has forwarded the certificate, the secretary of state shall certify to the county

auditors the name and address of the new nominee, the office the new nominee is

nominated for, the party or political principle the new nominee represents, and the

name of the individual for whom the new nominee is substituting, as soon as possible.

Failure to publish the name of a new nominee does not invalidate the election.

2. If a vacancy occurs in a slate of legislative candidates after the candidates have been

nominated at the primary election, the executive committee of the district in which the

vacancy occurs and of the party that submitted the slate of legislative candidates may

fill the vacancy by filing a certificate of nomination with the secretary of state. The

chairman and secretary of the committee shall make and file with the secretary of state

a certificate setting forth the cause of the vacancy, the name of the individual for whom

the new nominee is to be substituted, the fact the committee was authorized to fill

vacancies, and any other information required to be provided in an original certificate

of nomination. When the certificate of nomination to fill a vacancy is filed, the secretary

of state shall certify the new nomination to the various county auditors affected by the

change by forwarding to the auditors the name of the individual who has been

nominated to fill the vacancy in place of the original nominee, as soon as possible. The

certification must include the name and address of the new nominee, the office the

new nominee is nominated for, the party or political principle the new nominee

represents, and the name of the individual for whom the new nominee is substituting.

Failure to publish the name of a new nominee does not invalidate the election.

3. A vacancy in a nomination following a primary election may not be filled according to

subsection 1 or 2 unless the nominated candidate:

a. Dies;

b. Would be unable to serve, if elected, as a result of a debilitating illness;

c. Ceases to be a resident of the state;

d. Is nominated to be a member of the legislative assembly and, at the time of the

election, will not be a resident of the legislative district to be represented; or

e. Ceases to be qualified to serve, if elected, as otherwise provided by law.

4. Vacancies to be filled according to this section may be filled not later than the

sixty-fourth day before the election.
N.D. Cent. Code § 16.1-10-07 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-07
16.1-10-07. Candidate guilty of corrupt practice to vacate nomination of office
Status: in_force

16.1-10-07. Candidate guilty of corrupt practice to vacate nomination of office

If any individual is found guilty of any corrupt practice, the individual must be punished by

being deprived of the individual's government job, or the individual's nomination or election must

be declared void, as the case may be. This section does not remove from office an individual

who is already in office and who has entered upon the discharge of the individual's duties when

the office is subject to the impeachment provisions of the Constitution of North Dakota.
N.D. Cent. Code § 16.1-02-11 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-11
16.1-02-11. Secretary of state may adopt rules for the purpose of maintaining the central voter file
Status: in_force

16.1-02-11. Secretary of state may adopt rules for the purpose of maintaining the

central voter file.

The secretary of state may adopt rules and procedures according to subsection 3 of section

16.1-01-01 to implement this chapter and to update and maintain the central voter file. The rules

may:

1. Provide for the establishment and maintenance of a central voter file.

2. Provide for the generation and assignment of a unique identifier to each individual

contained in the central voter file.

3. Provide procedures for entering data into the central voter file.

4. Provide for any additional information to be requested of and obtained from an

individual which is to be maintained in the central voter file, not already provided by

law, but necessary for the proper administration of the central voter file.

5. Provide for the exchange of records maintained by the appropriate state and county

agencies and officials for receiving regular reports regarding individuals and records of

individuals contained in the central voter file.

6. Allow each county auditor and the secretary of state to add, modify, and delete

information from the central voter file to ensure accurate and up-to-date records.

7. Allow each county auditor and the secretary of state to have access to the central

voter file for review, search, and inquiry capabilities.

8. Provide security and protection of all information contained in the central voter file and

ensure unauthorized access and entry is prohibited.

9. Provide a system for each county to identify the precinct to which an individual should

be assigned for voting purposes.
N.D. Cent. Code § 16.1-10-05 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-05
16.1-10-05. Paying owner, editor, publisher, or agent of newspaper to advocate or oppose candidate editorially prohibited
Status: in_force

16.1-10-05. Paying owner, editor, publisher, or agent of newspaper to advocate or

oppose candidate editorially prohibited.

No person may pay or give anything of value to the owner, editor, publisher, or agent of any

newspaper or other periodical, or radio or television station, to induce the person to advocate

editorially or to oppose any candidate for nomination or election, and no such owner, editor,

publisher, or agent may accept such inducement.
N.D. Cent. Code § 16.1-13-12 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-12
16.1-13-12. Notice of special election
Status: in_force

16.1-13-12. Notice of special election

A notice of a special election and the copy of the sample ballot must be issued and

published in substantially the form and manner prescribed by section 16.1-13-05.
N.D. Cent. Code § 16.1-12-05 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-05
16.1-12-05. Secretary of state to certify nominations to county auditor - Duty of county auditor
Status: repealed

16.1-12-05. Secretary of state to certify nominations to county auditor - Duty of

county auditor.

Repealed by S.L. 1997, ch. 200, § 4.
N.D. Cent. Code § 16.1-07-16 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-16
16.1-07-16. Secretary of state to provide information regarding absentee voting for military and overseas voters
Status: in_force

16.1-07-16. Secretary of state to provide information regarding absentee voting for

military and overseas voters.

The secretary of state is designated as the official responsible for providing information

regarding absentee voting by military and overseas citizens eligible to vote in the state

according to section 702 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116 Stat. 1666;

42 U.S.C. 1973ff-1]. The secretary of state shall develop and provide uniform procedures for

county auditors to follow when transmitting and receiving applications for absentee ballots to

and from military and overseas voters.
N.D. Cent. Code § 16.1-14-26 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-26
16.1-14-26. Delivery and processing of presidential elector ballots
Status: repealed

16.1-14-26. Delivery and processing of presidential elector ballots

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-13-42 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-42
16.1-13-42. List of applicants requesting presidential elector ballots open for public inspection
Status: in_force

16.1-13-42. List of applicants requesting presidential elector ballots open for public

inspection.

The county auditor shall keep open for public inspection a list of all individuals who have

applied to vote for presidential electors as new residents with their names, addresses, and

application dates for two years.
N.D. Cent. Code § 16.1-11-05.1 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-05.1
16.1-11-05.1. Participation in endorsements for nomination
Status: in_force

16.1-11-05.1. Participation in endorsements for nomination

1. An individual may not participate directly or indirectly in the endorsement for

nomination of more than one individual for each office to be filled, except an individual

may sign a petition for placement of a candidate's name on the primary ballot:

a. For more than one individual for each office for an office not under party

designation.

b. For more than one individual for each office for an office under party designation

only if all the candidates for whom the individual signs a petition for an office are

running under the same party designation.

2. Except for individuals allowed to seek nomination to more than one office pursuant to

section 16.1-12-03, an individual may not accept endorsement for nomination by

certificate or petition to more than one office. A political party may not endorse for

nomination by certificate more than one set of nominees.
N.D. Cent. Code § 16.1-12-04 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-04
16.1-12-04. Certificates of nomination - Time and place of filing
Status: in_force

16.1-12-04. Certificates of nomination - Time and place of filing

1. Certificates of nomination for nominees for offices to be filled by the qualified electors

of the entire state must be filed with the secretary of state. Not less than fifty-five days

before any general or special election to fill any statewide office, the secretary of state

shall electronically transmit a certified list to each county auditor the names of the

individuals nominated for statewide office according to this chapter as shown on the

certificates of nomination filed in the secretary of state's office.

2. Certificates of nomination for nominees for county offices must be filed with the county

auditor of the county in which the candidate resides.

3. Certificates of nomination must, without regard to the means of delivery, be filed and in

the actual possession of the appropriate officer not later than four p.m. on the

sixty-fourth day prior to the day of election.

4. The secretary of state and the county auditors shall keep on file for six months all

certificates of nomination filed with them under this chapter and all certificates of

nomination must be open to public inspection during regular business hours.
N.D. Cent. Code § 16.1-07-22 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-22
16.1-07-22. Timeliness and scope of application for military-overseas ballot
Status: in_force

16.1-07-22. Timeliness and scope of application for military-overseas ballot

An application for a military-overseas ballot is timely if received by the appropriate election

official before the close of business on the day before the election. An application for a

military-overseas ballot for a primary election, whether or not timely, is effective as an

application for a military-overseas ballot for the general election.
N.D. Cent. Code § 16.1-07-30 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-30
16.1-07-30. Publication of election notice
Status: repealed

16.1-07-30. Publication of election notice

Repealed by S.L. 2025, ch. 200, § 20.
N.D. Cent. Code § 16.1-11-28 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-28
16.1-11-28. Piling, cutting, and blocking ballots
Status: repealed

16.1-11-28. Piling, cutting, and blocking ballots

Repealed by S.L. 1999, ch. 209, § 2.
N.D. Cent. Code § 16.1-11-06 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-06
16.1-11-06. State candidate's petition or political party certificate of endorsement required to get name on ballot - Contents - Filing
Status: in_force

16.1-11-06. State candidate's petition or political party certificate of endorsement

required to get name on ballot - Contents - Filing.

1. Every candidate for United States senator, United States representative, a state office,

including the office of state senator or state representative, and judges of the supreme

and district courts shall present to the secretary of state, between the first date

candidates may begin circulating nominating petitions according to this chapter and

before four p.m. of the sixty-fourth day before any primary election, either:

a. The certificate of endorsement signed by the state or district chairman of any

legally recognized political party containing the candidate's name, post-office

address, nongovernment issued electronic mail address, and telephone number,

the title of the office to which the candidate aspires, and the party which the

candidate represents; or

b. The nominating petition containing the following:

(1) The candidate's name, post-office address, nongovernment issued

electronic mail address, and telephone number, and the title of the office to

which the candidate aspires, the appropriate district judgeship number if

applicable, and whether the petition is intended for nomination for an

unexpired term of office if applicable.

(2) The name of the party the candidate represents if the petition is for an office

under party designation.

(3) The signatures and printed names of qualified electors, the number of which

must be determined as follows:

(a) If the office is under party designation, the signatures of three percent

of the total vote cast for the candidates of the party with which the

candidate affiliates for the same position at the last general election.

However, no more than three hundred signatures may be required.

(b) If there was no candidate of a party for a position at the preceding

general election, at least three hundred signatures.

(c) If the office is under the no-party designation, at least three hundred

signatures.

(d) If the office is a legislative office, the signatures of at least one percent

of the total resident population of the legislative district as determined

by the most recent federal decennial census.

(4) The mailing address and the date of signing for each signer.

2. If the petition or certificate of endorsement is for the office of governor and lieutenant

governor, the petition or certificate must contain the names and other information

required of candidates for both offices.

3. A petition or certificate of endorsement may be filed electronically, through the mail, or

by personal delivery. However, the petition or certificate must be complete and in the

possession of the secretary of state before four p.m. of the sixty-fourth day before the

primary election.
N.D. Cent. Code § 16.1-11-29 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-29
16.1-11-29. Preparation of ballot
Status: in_force

16.1-11-29. Preparation of ballot

Unless otherwise provided in this chapter, the primary election ballot must be prepared as

provided in chapter 16.1-06.
N.D. Cent. Code § 16.1-08.1-03.14 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.14
16.1-08.1-03.14. Conduit required to provide detailed contribution information to recipient
Status: in_force

16.1-08.1-03.14. Conduit required to provide detailed contribution information to

recipient.

A conduit that transfers any contribution to a candidate, political party, or political committee

shall provide the recipient of the contribution a detailed statement that lists the name and

address of each individual contributor, the amount of each contribution, and the date each

contribution was received. The conduit also shall include on the statement the occupation,

employer, and principal place of business of each contributor, or the political committee if not

already registered according to state or federal law, which contributed five thousand dollars or

more in the aggregate during a reporting period applicable to the candidate, political party, or

political committee. The conduit shall provide the statement to the candidate, political party, or

political committee in a manner to allow the candidate, political party, or political committee to

file any statement required to be filed under this chapter.
N.D. Cent. Code § 16.1-06-26 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-26
16.1-06-26. Secretary of state to adopt rules for the purpose of certifying and decertifying voting systems
Status: in_force

16.1-06-26. Secretary of state to adopt rules for the purpose of certifying and

decertifying voting systems.

1. The secretary of state may adopt rules according to subsection 3 of section 16.1-01-01

for certifying and decertifying voting systems authorized in section 16.1-06-11,

including any software, hardware, and firmware components used as a part of a voting

system device for use and procurement in the state. The rules may:

a. Establish criteria and standards with which all voting systems must comply.

b. Describe the procedures for voting systems, any single device of a voting system,

and any update and enhancement made to them, to be certified and decertified

for procurement and use in the state.

c. Define what constitutes a vote on each voting system which has been certified for

procurement in the state.

d. Describe the procedures for the secretary of state to follow when defining what

constitutes a vote on any new voting system, any single device of a voting

system, and any update and enhancement made to them.

2. A voting system, a single device of a voting system, and an update and enhancement

made to them, in use by a county before August 1, 2003, must be reviewed by the

secretary of state according to rules adopted under this section by April 1, 2004, and

must meet the requirements of the rules, or must be replaced by another voting

system, a single device of a voting system, and an update and enhancement made to

them, meeting the requirements of the rules by January 1, 2006.
N.D. Cent. Code § 16.1-13-04 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-04
16.1-13-04. Candidates' names placed on official general election ballot
Status: in_force

16.1-13-04. Candidates' names placed on official general election ballot

The names of all candidates of each political party or principle or no-party designation, who

are shown to have been nominated for the several offices in accordance with the certificates of

nomination filed in the secretary of state's office, must be placed by the secretary of state on the

official ballot to be voted for at the next general election.
N.D. Cent. Code § 16.1-08.1-03.13 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.13
16.1-08.1-03.13. Contribution statements required of initiated or referendum petition sponsoring committees - Statement of petition sponsors
Status: repealed

16.1-08.1-03.13. Contribution statements required of initiated or referendum petition

sponsoring committees - Statement of petition sponsors.

Repealed by S.L. 2017, ch. 155, §13.
N.D. Cent. Code § 16.1-01-13.1 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-13.1
16.1-01-13.1. Term limits for United States senators and representatives in Congress (Contingent effective date - See note)
Status: in_force

16.1-01-13.1. Term limits for United States senators and representatives in Congress

(Contingent effective date - See note)

A person is ineligible to have that person's name placed on the ballot at any election for the

office of United States senator or representative in Congress if, by the start of the term for which

the election is being held, that person will have served as a United States senator or a

representative in Congress, or in any combination of those offices, for at least twelve years.

However, if that person is still otherwise eligible to hold the office, the disqualification imposed

by this section ceases after two years have elapsed since the disqualification last affected that

person's eligibility for placement on the ballot.
N.D. Cent. Code § 16.1-02-15.1 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-15.1
16.1-02-15.1. Voter lists and reports - Availability for voter list maintenance
Status: in_force

16.1-02-15.1. Voter lists and reports - Availability for voter list maintenance

The secretary of state may generate a voter list or a report generated from the central voter

file to be transmitted to other states, or a consortium of states, for maintaining the integrity of

elections.
N.D. Cent. Code § 16.1-07-24 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-24
16.1-07-24. Timely casting of ballot
Status: in_force

16.1-07-24. Timely casting of ballot

To be valid, a military-overseas ballot must be submitted for mailing or other authorized

means of delivery not later than the close of polls on election day at the place where the voter

completes the ballot. A military-overseas ballot must be received by the appropriate election

official before the canvassing board meeting.
N.D. Cent. Code § 16.1-13-22 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-22
16.1-13-22. Delivering ballot to elector - Initialing
Status: in_force

16.1-13-22. Delivering ballot to elector - Initialing

The inspector or one of the election judges shall deliver ballots to the qualified electors. The

inspector or judge delivering the paper ballot shall inform each elector that if the ballot is not

initialed by an election official it will be invalidated and to protect the elector's right to vote the

elector should verify that the ballot has been initialed. Before delivering any paper ballot to an

elector, the inspector or judge shall initial the ballot. Failure to initial a paper ballot in the proper

place does not invalidate the ballot, but a complete failure to initial a paper ballot does invalidate

the ballot.
N.D. Cent. Code § 16.1-16-11 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-11
16.1-16-11. Answer to legislative statement of contest
Status: repealed

16.1-16-11. Answer to legislative statement of contest

Repealed by S.L. 1987, ch. 259, § 15.
N.D. Cent. Code § 16.1-13-28 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-28
16.1-13-28. Penalty for requesting voter to vote in certain manner
Status: in_force

16.1-13-28. Penalty for requesting voter to vote in certain manner

Any individual chosen to assist a voter who requests the assisted voter to vote for or against

any person or any issue is guilty of a class B misdemeanor.
N.D. Cent. Code § 16.1-14-17 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-17
16.1-14-17. Mileage and per diem of board members
Status: in_force

16.1-14-17. Mileage and per diem of board members

The members of the board trying the presidential election contest must be compensated in

the same manner as state officers pursuant to sections 44-08-04 and 54-06-09.
N.D. Cent. Code § 16.1-08.1-06.1 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-06.1
16.1-08.1-06.1. Filing officer to charge and collect fees for late filing
Status: in_force

16.1-08.1-06.1. Filing officer to charge and collect fees for late filing

1. If a statement or report required to be filed according to this chapter is not filed within

the prescribed time, the filing officer to whom the report was to be filed is authorized to

charge and collect a late fee as follows:

a. Within six days after the prescribed time, twenty-five dollars;

b. Within eleven days after the prescribed time, fifty dollars; and

c. Thereafter, one hundred dollars.

2. A filing officer may require an amendment to be filed for any statement or report that is

incorrect or incomplete. The amendment must be filed with the filing officer within ten

business days after the amendment has been requested in writing. If an amendment is

not filed within the prescribed time, the filing officer is authorized to charge and collect

a late fee as follows:

a. Within six days after the date the amendment was due, fifty dollars;

b. Within eleven days after the date the amendment was due, one hundred dollars;

and

c. Thereafter, two hundred dollars.

3. The filing officer may collect any payment obligation arising out of this section by civil

action or by assignment to a collection agency, with any costs of collection to be added

to the amount owed and to be paid by the delinquent filer.
N.D. Cent. Code § 16.1-06-09 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-09
16.1-06-09. Constitutional amendments and initiated and referred measures - Manner of stating question - Fiscal impact statement - Explanation of effect of vote - Order of listing
Status: in_force

16.1-06-09. Constitutional amendments and initiated and referred measures - Manner

of stating question - Fiscal impact statement - Explanation of effect of vote - Order of

listing.

1. Constitutional amendments or measures, initiated measures, and referred measures,

duly certified to the county auditor by the secretary of state, or any other question or

measure to be voted on, except the election of public officers at any primary, general,

or special election including officers subject to a recall petition, must, unless otherwise

determined by the secretary of state, be stated in full in a legible manner on the ballot.

If the secretary of state concludes the amendment or measure is too long to make it

practicable to print in full, the secretary of state in consultation with the attorney

general shall cause to be printed a concise summary written in plain, clear,

understandable language using words with common, everyday meaning which must

fairly represent the substance of the constitutional amendment or initiated or referred

measure. After the foregoing statement, the secretary of state shall cause to be printed

a statement of the estimated fiscal impact of the constitutional amendment or initiated

or referred measure and a concise statement of the effect of an affirmative or negative

vote on the constitutional amendment or initiated or referred measure written in plain,

clear, understandable language using words with common, everyday meaning. This

explanatory statement must be drafted by the secretary of state in consultation with

the attorney general. The words "Yes" and "No" must be printed on the ballot at the

close of the statement regarding the effect of an affirmative or negative vote, in

separate lines with an oval before each statement in which the voter is to indicate how

the voter desires to vote on the question by darkening the oval. If two or more

amendments or questions are to be voted on, they must be printed on the same ballot.

2. The measures to be submitted to the electors must be grouped and classified as

constitutional measures, initiated statutes, or referred statutes and must be placed

within such groups or classifications by the secretary of state in the order received, for

the purpose of placing them on the ballot. Measures submitted by the legislative

assembly must be placed first on the ballot within their classification in the order

approved by the legislative assembly. Constitutional measures shall be placed first on

the ballot, initiated statutes second, and referred statutes third. After all the measures

have been placed within the appropriate group or classification, all measures must be

numbered consecutively, without regard to the various groups or classifications.
N.D. Cent. Code § 16.1-15-38 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-38
16.1-15-38. Adjournment of state canvassing board
Status: in_force

16.1-15-38. Adjournment of state canvassing board

The state canvassing board may adjourn from day to day, not exceeding three days in all,

except that the board may adjourn for the time necessary to await the return of a messenger

dispatched as provided in section 16.1-15-37.
N.D. Cent. Code § 16.1-14-22 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-22
16.1-14-22. Filing and indexing information from other states
Status: repealed

16.1-14-22. Filing and indexing information from other states

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-14-19 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-19
16.1-14-19. Eligibility of former residents to vote
Status: repealed

16.1-14-19. Eligibility of former residents to vote

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-11-12 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-12
16.1-11-12. Applicant's name placed on ballot
Status: in_force

16.1-11-12. Applicant's name placed on ballot

1. Upon receipt of the petition or certificate of endorsement provided for in section

16.1-11-06, accompanied by an affidavit as provided in section 16.1-11-10, the

secretary of state shall place the name of the applicant on the primary election ballot in

the party or appropriate section if the documentation meets all applicable

requirements.

2. Upon receipt of the petition or certificate of endorsement provided for in section

16.1-11-11, accompanied by an affidavit as provided in section 16.1-11-10, the county

auditor shall place the name of the applicant on the appropriate section of the no-party

primary election ballot if the documentation meets all applicable requirements.

3. A candidate whose name was placed on the ballot under this section may have the

candidate's name removed from the ballot by submitting a written request to the

appropriate filing officer within forty-eight hours after the filing deadline under sections

16.1-11-06 and 16.1-11-11.