N.D. Cent. Code § 16.1-12-09 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-09
16.1-12-09. Filling vacancy existing on no-party ballot - Petition required - Time of filing
Status: in_force

16.1-12-09. Filling vacancy existing on no-party ballot - Petition required - Time of

filing.

1. Whenever a vacancy exists on a no-party ballot for a state office or for judge of a

district court, the vacancy may be filled by filing with the secretary of state, before

four p.m. on the sixty-fourth day, a written petition as provided in section 16.1-11-06,

stating that the petitioner desires to become a candidate for election to the office for

which a vacancy exists. The petition for the nomination of any individual to fill the

vacancy must be signed by qualified electors equal in number to at least two percent

of the total vote cast for the office of governor in the state or district, at the most recent

general election at which the office of governor was voted upon, but in no case may

more than three hundred signatures be required.

2. Whenever a vacancy exists on a no-party ballot in a county or district within a county,

the vacancy may be filled by filing with the county auditor before four p.m. of the sixty-

fourth day a written petition as provided in section 16.1-11-11, stating the petitioner

desires to become a candidate for election to the office for which a vacancy exists. The

petition for the nomination of any individual to fill the vacancy must be signed by

qualified electors equal in number to at least thirty percent of the total vote cast for the

office of governor at the most recent general election in the county or district at which

the office of governor was voted upon, but in no case may more than three hundred

signatures be required.

3. A vacancy in the no-party ballot must be deemed to exist when:

a. A candidate nominated at the primary election dies, resigns, or otherwise

becomes disqualified to have the candidate's name printed on the ballot at the

general election.

b. No candidates were nominated at the primary election because the office did not

yet exist.

c. The timing of the vacancy in an office makes it impossible to have the office

placed on the ballot.

4. The petition or certificate of endorsement may be filed electronically, through the mail,

or by personal delivery, and must be complete and in the possession of the filing

officer before four p.m. on the sixty-fourth day before the general or special election.
N.D. Cent. Code § 16.1-08.1-06 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-06
16.1-08.1-06. Contributions and expenditure statement requirements
Status: in_force

16.1-08.1-06. Contributions and expenditure statement requirements

1. Any statement required by this chapter to be filed with the secretary of state must be:

a. Filed electronically with the secretary of state and must be within the prescribed

time and in the format established by the secretary of state. If the secretary of

state does not receive a statement, an electronic duplicate of the statement must

be promptly filed upon notice by the secretary of state of its nonreceipt. After a

statement has been filed, the secretary of state may request or accept written

clarification along with an amended statement from a candidate, political party, or

political committee filing the statement when discrepancies, errors, or omissions

on the statement are discovered by the secretary of state, the candidate, political

party, or political committee filing the statement, or by any interested party reciting

a lawful reason for requesting clarification and an amendment be made. When

requesting an amended statement, the secretary of state shall establish a

reasonable period of time, not to exceed ten days, agreed to by the candidate,

political party, or political committee, for filing the amended statement with the

secretary of state.

b. Preserved by the secretary of state for a period of ten years from the date of the

filing deadline. The statement is to be considered a part of the public records of

the secretary of state's office and must be open to public inspection on the

internet.

2. In determining the amount of individual contributions from any contributor, all amounts

received from the same contributor during the reporting period must be aggregated to

report an overall total contribution for the purposes of the statements required by this

chapter. Aggregate contributions must reference the date of the most recent

contribution. Contributions made separately by different persons from joint accounts

are considered separate contributions for reporting purposes.

3. In reporting a contribution received through a conduit, a candidate, political party, or

political committee shall list each reportable contribution identifying the person that

submitted the contribution to the conduit and provide the required information

regarding the contribution from that person rather than identifying the conduit as the

contributor.

4. Any statement and data filed with the secretary of state must be made available on the

internet to the public free of charge within twenty-four hours after filing.
N.D. Cent. Code § 16.1-15-31 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-31
16.1-15-31. County auditor to make certificate for payment of election officials - Payment
Status: in_force

16.1-15-31. County auditor to make certificate for payment of election officials -

Payment.

Upon receipt of the returns of any election, the county auditor shall prepare the county

auditor's certificate stating the compensation to which the inspectors, judges, and clerks of

election are entitled for their services. The county auditor shall deliver the certificate to the board

of county commissioners at its next session and the board shall order the compensation to be

paid out of the county treasury.
N.D. Cent. Code § 16.1-14-16 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-16
16.1-14-16. Determination of final hearing
Status: in_force

16.1-14-16. Determination of final hearing

The final hearing and determination under the provisions of this chapter must be by a

majority of the board, but any single member may exercise any of the other powers given to the

board by this chapter.
N.D. Cent. Code § 16.1-07-08.1 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-08.1
16.1-07-08.1. Procedures for voting with special write-in or federal write-in absentee ballot
Status: repealed

16.1-07-08.1. Procedures for voting with special write-in or federal write-in absentee

ballot.

Repealed by S.L. 2011, ch. 154, § 19.
N.D. Cent. Code § 16.1-02-08 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-08
16.1-02-08. Reporting incarcerations - Changes to records in the central voter file
Status: repealed

16.1-02-08. Reporting incarcerations - Changes to records in the central voter file

Repealed by S.L. 2005, ch. 181, § 7.
N.D. Cent. Code § 16.1-01-07 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-07
16.1-01-07. Constitutional amendments and other questions to be advertised - Notification by secretary of state - Manner of publishing
Status: in_force

16.1-01-07. Constitutional amendments and other questions to be advertised -

Notification by secretary of state - Manner of publishing.

If a proposed constitutional amendment or other question is to be submitted to the people of

the state for popular vote, the secretary of state shall certify the amendment or other question to

each county auditor not less than fifty-five days before the election, and each auditor shall

cause notice of the question to be included in the notice required by section 16.1-13-05.

Questions to be submitted to the people of a particular county must be advertised in the same

manner.

At the same time the secretary of state certifies notice to the county auditors of the

submission of a constitutional amendment or other question, the secretary of state shall certify

the ballot form for the questions. The ballot form must conform to the provisions of section

16.1-06-09 and must be used by all county auditors to prepare ballots for submission to the

electorate of each county and to prepare sample ballots. The publication of either the paper

ballot or the ballot as it will appear to individuals using a voting system device, whichever

corresponds to the method of voting used in the area involved, will satisfy any requirement in

this title for a sample ballot to be published. For two consecutive weeks before the sample ballot

is published, an analysis of any constitutional amendment, initiated measure, or referred

measure, written by the secretary of state after consultation with the attorney general, must be

published in columns to enable the electors to become familiar with the effect of the proposed

constitutional amendment or initiated or referred measure.
N.D. Cent. Code § 16.1-13-01 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-01
16.1-13-01. Date of general election
Status: in_force

16.1-13-01. Date of general election

The general election must be held in all the election districts of this state on the first

Tuesday after the first Monday in November of each even-numbered year.
N.D. Cent. Code § 16.1-13-17 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-17
16.1-13-17. Certificate of nomination by convention - Contents - Delivery
Status: in_force

16.1-13-17. Certificate of nomination by convention - Contents - Delivery

All nominations made by a convention as provided in this chapter must be certified. The

certificate must be delivered by the secretary or president of the convention by registered or

certified mail or in person, without charge, to the secretary of state. The certificates of

nomination must be in writing and must contain all of the following:

1. The name of each individual nominated, individual's post-office address, telephone

number, the office for which the individual is nominated, the legislative district number

if applicable, and whether the certificate is intended for an unexpired or full term of

office.

2. A designation in not more than five words of the party or principle which the convention

represents.

3. The signature, post-office address, and verification of the presiding officer and

secretary of the convention.
N.D. Cent. Code § 16.1-07-21 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-21
16.1-07-21. Methods of applying for military-overseas ballot
Status: in_force

16.1-07-21. Methods of applying for military-overseas ballot

1. A covered voter may apply for a military-overseas ballot using either the absentee

ballot application under this chapter or the federal postcard application, as prescribed

under the Uniformed and Overseas Citizens Absentee Voting Act

[42 U.S.C. 1973ff (b) (2)] or the application's electronic equivalent if approved under

guidelines established by the secretary of state.

2. The secretary of state shall ensure that the electronic transmission system described

in section 16.1-07-20 is capable of accepting the submission of both a federal postcard

application and any other approved electronic military-overseas ballot application sent

to the appropriate election official. The voter may use the electronic transmission

system or any other method approved under guidelines established by the secretary of

state to apply for a military-overseas ballot.

3. A covered voter may use the declaration accompanying the federal write-in absentee

ballot, as prescribed under the Uniformed and Overseas Citizens Absentee Voting Act

[42 U.S.C. 1973ff-2] as an application for a military-overseas ballot simultaneously with

the submission of the federal write-in absentee ballot, if the declaration is received by

the appropriate election official by the close of polls on election day.

4. To receive the benefits of sections 16.1-07-18 through 16.1-07-33, a covered voter

must inform the appropriate election official that the voter is a covered voter. Methods

of informing the appropriate election official that a voter is a covered voter include:

a. The use of a federal postcard application or federal write-in absentee ballot;

b. The use of an overseas address on a ballot application; and

c. The inclusion on a ballot application of other information sufficient to identify the

voter as a covered voter.
N.D. Cent. Code § 16.1-14-23 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-23
16.1-14-23. Delivery of ballot to applicant
Status: repealed

16.1-14-23. Delivery of ballot to applicant

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-03-12 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-12
16.1-03-12. Meeting of district committee to elect delegates to state party convention - Optional precinct caucus - Proxies
Status: repealed

16.1-03-12. Meeting of district committee to elect delegates to state party convention -

Optional precinct caucus - Proxies.

Repealed by S.L. 2013, ch. 168, § 16.
N.D. Cent. Code § 16.1-04-01 — ND Code / Title 16.1 / Chapter 16.1-04 / Section 16.1-04-01
16.1-04-01. Precincts - Duties and responsibilities of the board of county commissioners or the governing body of the city
Status: in_force

16.1-04-01. Precincts - Duties and responsibilities of the board of county

commissioners or the governing body of the city.

1. The board of county commissioners of each county:

a. Shall divide the county into precincts and establish the precinct boundaries,

except that within the boundaries of any incorporated city, the governing body of

the city shall divide the city into precincts and establish their boundaries pursuant

to title 40. Any number of townships or parts of townships may be joined into a

single precinct provided that no precinct may encompass more than one

legislative district.

b. May alter the number and size of precincts within the county by combining or

dividing precincts. However, the governing body of any incorporated city has the

authority to alter the number and size of precincts located within its boundaries.

The board of county commissioners may relinquish the jurisdiction provided

under subdivision a over all or any portion of a township or townships under its

jurisdiction to a city for the purpose of establishing a voting precinct if a majority

of the governing body of the city agrees to assume such jurisdiction. The

governing body of a city, by majority vote, may return jurisdiction granted herein

to the county and the county shall accept that jurisdiction.

2. When establishing precincts under subsection 1, a board of county commissioners, in

cooperation with the county auditor, or a city governing body shall consult with and

seek input regarding the size, number, and proposed boundaries of the precincts from

representatives of the political parties organized within the county. Upon the request of

the district chairman of a political party, a board of county commissioners, in

consultation with the county auditor, or the governing body of a city shall consider

proposals to change precinct boundaries.

3. The precincts may not be established later than December thirty-first of the year

immediately preceding an election cycle and not later than seventy days before a

special election.
N.D. Cent. Code § 16.1-06-14 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-14
16.1-06-14. Requirements for voting systems
Status: in_force

16.1-06-14. Requirements for voting systems

Any voting system used in an election in this state must:

1. Provide facilities for voting for nominated candidates, for persons not in nomination,

and upon questions or measures submitted to the voters.

2. Permit each voter to vote for as many persons for any office as the voter is entitled to

vote for, and must allow each voter to vote in primary elections for candidates for

nomination by the political party of the voter's choice, but the system must preclude

each voter from voting for more persons for any office than the voter is entitled to vote

for, from voting more than once for the same candidate or upon the same measure or

question submitted to the voters, or voting the ballot of more than one political party in

any primary election.

3. Permit each voter, insofar as is possible, by the replacement of spoiled ballots, to

change the voter's vote for any candidate, or upon any measure or question submitted

to the voters, up to the time the voter begins the final operation to register the voter's

vote.

4. Permit and require secrecy while voting, and be constructed and controlled so no other

individual can see or know for whom an elector has voted or is voting, except an

individual assisting in marking the ballot at the request of the elector as prescribed by

law, and no individual is able to see or know the number of votes registered for any

candidate while the polls are open.

5. Be provided with a procedure by the use of which, immediately after the polls are

closed, all voting is prevented.

6. Be so constructed that when properly operated the system shall register or record

correctly and accurately every vote cast.

7. Be so constructed that a voter may readily learn the method of operating the system.

8. Permit voting by ballot or by entering directly into a computer or other device by means

of a touchscreen or other data entry device.

9. Permit voting for presidential electors by making only one mark.

10. Permit write-in voting and absentee voting.

11. Permit the rotation of names of candidates on ballots as required by this title.

12. Fulfill the criteria and standards established by the secretary of state according to

section 16.1-06-26.
N.D. Cent. Code § 16.1-02-15 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-15
16.1-02-15. Voter lists and reports may be made available for election-related purposes - Funds received
Status: in_force

16.1-02-15. Voter lists and reports may be made available for election-related

purposes - Funds received.

Except as otherwise provided by law, a voter list or a report generated from the central voter

file may be made available to a candidate, political party, or a political committee for

election-related purposes. Any information obtained by a candidate, political party, or political

committee for election-related purposes from a list or report generated from the central voter file

may not be sold or distributed for a purpose that is not election-related. Except for information

identified in the central voter file under subsections 1, 2, 3, 4, 5, 6, 7, and 10 of section

16.1-02-12, which may be made available to a candidate, political party, or political committee

for election-related purposes, information in the central voter file is an exempt record. An

individual's record that is designated as "secured active" is an exempt record and is not

available to any candidate, political party, or political committee for any purpose. Any funds

received by the secretary of state to pay the cost of producing a report or list of voters contained

in the central voter file must be deposited in the secretary of state's general services operating

fund.
N.D. Cent. Code § 16.1-13-13 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-13
16.1-13-13. Canvassing and returning votes cast at elections to fill vacancies
Status: in_force

16.1-13-13. Canvassing and returning votes cast at elections to fill vacancies

Votes cast at special elections must be canvassed and returned as provided for primary and

general elections, and the county auditor within eight days shall forward to the secretary of state

the abstracts of the same.
N.D. Cent. Code § 16.1-03-07 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-07
16.1-03-07. Meeting of district committee - Organization
Status: in_force

16.1-03-07. Meeting of district committee - Organization

1. If a legislative district chooses to organize by precinct in every odd-numbered year, the

district committee of each party shall meet within fifteen days after the caucus

provided for in section 16.1-03-01. The day, hour, and site must be set by the existing

district committee chairman. Any incumbent members of the legislative assembly from

the party and any other individual provided for by the district committee's bylaws

constitute the district committee of the party. The district committee of a party must be

organized to coincide with the geographical boundary lines of state legislative districts.

Each member of any committee provided for in this chapter must be a qualified elector.

2. The district committee shall select the officers of the district committee and forward to

the state committee the name and contact information of the district committee

chairman. The district committee may appoint an executive committee consistent with

the bylaws of the district committee. That party's nominees for and members of the

legislative assembly shall serve as members of the executive committee.

3. If the office of chairman becomes vacant, the vacancy may be filled as provided by the

district party bylaws.

4. The bylaws of the state committee or state party may not include any requirement

providing directives or procedures for the method of the organization of district

committees nor may the state committee or state party take any action or impose any

requirement regarding district party organization unless a district lacks a district

committee that is able to carry out the responsibilities under this chapter. A state party

may not take any action that is inconsistent with this chapter.

5. After redistricting of the legislative assembly becomes effective, the state party chair

may appoint a temporary district party organization chair in any newly established

district or a district that lacks a district committee able to carry out the responsibilities

of this chapter. The temporary district party organization chair shall organize the district

political party as closely as possible in conformance with this chapter to assure

compliance with primary election filing deadlines.
N.D. Cent. Code § 16.1-09-06 — ND Code / Title 16.1 / Chapter 16.1-09 / Section 16.1-09-06
16.1-09-06. Procedure for enforcement - Investigation by attorney general or state's attorney
Status: in_force

16.1-09-06. Procedure for enforcement - Investigation by attorney general or state's

attorney.

Upon a complaint, signed under penalty of perjury, by any person, or upon the motion of the

attorney general or a state's attorney, the attorney general or state's attorney shall investigate

any alleged violation of this chapter. The investigation and its proceedings are confidential until

a determination has been reached by the investigating officer that enough incriminating

evidence exists to bring an action and such action is commenced in the appropriate district

court.
N.D. Cent. Code § 16.1-13-03 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-03
16.1-13-03. Secretary of state to give notice to county auditor of officers to be elected
Status: repealed

16.1-13-03. Secretary of state to give notice to county auditor of officers to be elected

Repealed by S.L. 2015, ch. 158, § 5.
N.D. Cent. Code § 16.1-08.1-04 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-04
16.1-08.1-04. Supplemental statement required on large contributions received after original statement - Filing time
Status: repealed

16.1-08.1-04. Supplemental statement required on large contributions received after

original statement - Filing time.

Repealed by S.L. 2017, ch. 155, §13.
N.D. Cent. Code § 16.1-11-23 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-23
16.1-11-23. Presidential preference contest ballots
Status: repealed

16.1-11-23. Presidential preference contest ballots

Repealed by S.L. 2005, ch. 185, § 18.
N.D. Cent. Code § 16.1-14-28 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-28
16.1-14-28. Definition of state
Status: repealed

16.1-14-28. Definition of state

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-03-08 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-08
16.1-03-08. State committee - Membership
Status: in_force

16.1-03-08. State committee - Membership

The state committee of each party consists of the chairman of each of the district

committees of the party and any individual provided for in the bylaws of the state committee.
N.D. Cent. Code § 16.1-15-30 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-30
16.1-15-30. Determining tie vote for legislative assembly
Status: in_force

16.1-15-30. Determining tie vote for legislative assembly

If the requisite number of individuals is not elected to the state senate or house of

representatives because two or more individuals have equal and the highest number of votes

for one and the same office, a recount must be done pursuant to section 16.1-16-01. If a

recount results in a tie vote, the secretary of state shall notify the individuals with equal and the

highest number of votes to appear in the office of the secretary of state at a time fixed by the

secretary of state. The time fixed may not be more than five days from the date the tie is

determined. On the date fixed, the individuals notified to appear shall publicly decide by a

drawing of names which of them must be declared elected, and the secretary of state shall

prepare and deliver to the individual elected a certificate of election as provided in this chapter.
N.D. Cent. Code § 16.1-14.1-04 — ND Code / Title 16.1 / Chapter 16.1-14.1 / Section 16.1-14.1-04
16.1-14.1-04. Certification of electors
Status: in_force

16.1-14.1-04. Certification of electors

In submitting this state's certificate of ascertainment as required by 3 U.S.C. 6, the governor

shall certify this state's electors and state in the certificate:

1. The electors shall serve as electors unless a vacancy occurs in the office of elector

before the end of the meeting at which elector votes are cast, in which case a

substitute elector shall fill the vacancy; and

2. If a substitute elector is appointed to fill a vacancy, the governor shall submit

documentation of the vacancy, the method by which the vacancy was filled, and the

names on the final list of this state's electors.
N.D. Cent. Code § 16.1-16-07 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-07
16.1-16-07. Contest involving irregularity of ballots - Preservation of ballots
Status: in_force

16.1-16-07. Contest involving irregularity of ballots - Preservation of ballots

Either the contestant or the contestee, within the time provided by this title for the

preservation of ballots, may give notice by certified mail to the county recorder of any county

where the contestant or the contestee desires the ballots preserved, that an election contest is

pending in a designated court. After receipt of the notice, the county recorder shall preserve all

the ballots and associated records until the contest has been finally determined or the retention

period specified in section 16.1-15-13 has ended, whichever is later.
N.D. Cent. Code § 16.1-15-23 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-23
16.1-15-23. Notice of nomination given candidate for county office by county auditor - Publication of findings of canvassing board
Status: in_force

16.1-15-23. Notice of nomination given candidate for county office by county auditor -

Publication of findings of canvassing board.

Upon the completion of the canvass of the returns of a primary election by the county

canvassing board, the county auditor shall mail or deliver in person to each candidate

nominated for any county office a certificate of the candidate's nomination and notice that the

candidate's name will be placed on the official ballot. 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 nomination until the time to demand a

recount has expired, or the recount results have been determined and the winner declared,

whichever is later. Nomination notices for other than county offices must be given by the

secretary of state pursuant to section 16.1-15-40. The county auditor shall cause a copy of the

findings of the canvassing board to be published in the official newspaper of the county.
N.D. Cent. Code § 16.1-13-11 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-11
16.1-13-11. Vacancy occurring in legislative assembly during session - Duty of governor
Status: repealed

16.1-13-11. Vacancy occurring in legislative assembly during session - Duty of

governor.

Repealed by S.L. 2001, ch. 209, § 3.
N.D. Cent. Code § 16.1-11-16 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-16
16.1-11-16. Form of nominating petitions
Status: in_force

16.1-11-16. Form of nominating petitions

1. Each nominating petition circulated by candidates for any state, district, county, or

other political subdivision office must include or have attached the following

information, which must be made available to each signer at the time of signing:

a. The candidate's name, address, nongovernment issued electronic mail address,

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

including the appropriate district number if applicable, and whether the petition is

intended for a full or unexpired term of office.

b. The name of the party the candidate represents if the petition is for an office

under party designation.

c. The date of the election at which the candidate is seeking nomination or election.

2. Only qualified electors of the state, district, county, or other political subdivision, as the

case may be, may sign nominating petitions. In addition to signing and printing the

individual's name, petition signers shall include the following information:

a. The date of signing.

b. Complete residential address. 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.

c. Complete mailing address if different from residential address.

3. Incomplete signatures or accompanying information of petition signers which does not

meet the requirements of this section invalidates the applicable signatures. The use of

ditto marks to indicate the information contained on the previous signature line carries

over does not invalidate a signature. Signatures that are not accompanied by a

complete date are not invalid if the signatures are preceded and followed by a

signature that is accompanied by a complete date.
N.D. Cent. Code § 16.1-10-04 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-04
16.1-10-04. Publication of false information in political advertisements - Penalty
Status: in_force

16.1-10-04. Publication of false information in political advertisements - Penalty

1. A person is guilty of a class A misdemeanor if the person knowingly, or with reckless

disregard for its truth or falsity, publishes a political advertisement or news release

containing an assertion, representation, or statement of fact, including information

concerning a candidate's prior public record, which is untrue, deceptive, or misleading,

on behalf of or in opposition to any candidate for public office, initiated measure,

referred measure, constitutional amendment, or any other issue, question, or proposal

on an election ballot, which is published by radio, television, newspaper, text message,

telephone call, pamphlet, folder, display cards, signs, posters, billboard

advertisements, websites, electronic transmission, social media, or any other public

means or commercial medium.

2. This section does not apply to a newspaper, television or radio station, or other

commercial medium that is not the source of the political advertisement or news

release.
N.D. Cent. Code § 16.1-12-01 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-01
16.1-12-01. Certificate of nomination - Party and independent
Status: in_force

16.1-12-01. Certificate of nomination - Party and independent

A certificate of nomination must be:

1. The certificate of nomination required to be executed by the state or a county

canvassing board pursuant to sections 16.1-15-40 and 16.1-15-21, respectively, for

party nominations;

2. The certificate of nomination by petition for independent nominations provided for by

this chapter; or

3. The certificate of nomination executed by a state or district executive committee for

party nominations provided for by this chapter.
N.D. Cent. Code § 16.1-02-12 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-12
16.1-02-12. Information contained and maintained in the central voter file
Status: in_force

16.1-02-12. Information contained and maintained in the central voter file

The central voter file must contain the following information for each individual included in

the file:

1. The complete legal name of the individual.

2. The complete residential address of the individual.

3. The complete mailing address of the individual, if different from the individual's

residential address.

4. The unique identifier generated and assigned to the individual.

5. A status designation of the individual's eligibility to vote in a precinct.

6. The county, legislative district, city or township, school district, county commissioner

district, if applicable, precinct name, and precinct number in which the individual

resides.

7. Beginning in 2008, four years of an individual's voting history, if applicable.

8. Date of birth.

9. The individual's driver's license or nondriver identification card number issued by the

department of transportation, or the unique identifier from an official form of

identification issued by a tribal government to a tribal member residing in this state.

10. Any other information requested of and obtained from the individual deemed

necessary by the secretary of state for the proper administration of the central voter

file.
N.D. Cent. Code § 16.1-01-17 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-17
16.1-01-17. Estimated fiscal impact of an initiated or referred measure
Status: in_force

16.1-01-17. Estimated fiscal impact of an initiated or referred measure

As soon as practicable after the secretary of state approves an initiated or referred measure

for the ballot, the legislative council shall coordinate the determination of the estimated fiscal

impact of the initiated or referred measure. Upon notification from the secretary of state that

signed petitions have been submitted for placement of an initiated or referred measure on the

ballot, the legislative management shall hold hearings, receive public testimony, and gather

information on the estimated fiscal impact of the measure. Each agency, institution, or

department shall provide information requested in the format and time frame prescribed by the

legislative council for identifying the estimated fiscal impact of the measure. At least thirty days

before the public vote on the measure, the legislative council shall submit a statement of the

estimated fiscal impact of the measure to the secretary of state. Upon receipt, the secretary of

state shall include a notice within the analysis required by section 16.1-01-07 specifying where

copies of the statement of the estimated fiscal impact can be obtained. Within thirty days of the

close of the first complete fiscal year after the effective date of an initiated or referred measure

approved by the voters, the agencies, institutions, or departments that provided the estimates of

the fiscal impact of the measure to the legislative council under this section shall submit a report

to the legislative council on the actual fiscal impact for the first complete fiscal year resulting

from provisions of the initiated or referred measure and a comparison to the estimates provided

to the legislative council under this section, and the legislative council shall issue a report of the

actual fiscal impact of the initiated or referred measure.
N.D. Cent. Code § 16.1-15-17 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-17
16.1-15-17. Time of county canvassing board meeting - Oath required - Reconsideration of canvass
Status: in_force

16.1-15-17. Time of county canvassing board meeting - Oath required -

Reconsideration of canvass.

On the thirteenth day following each election, the county canvassing board shall meet and,

after taking the oath of office, shall proceed to open and publicly canvass the returns. After the

initial meeting of the board as provided in this section, any two or more members may call a

meeting of the board and upon approval of a majority of the members, the board shall

recanvass the results of the election or any portion thereof and may correct any previous

canvass or certification or both in regard to the election. Any correction of any previous

certification of election results as provided in this section must be immediately dispatched to the

secretary of state who shall call a meeting of the state canvassing board as provided in section

16.1-15-35 for the purpose of recanvassing and, if necessary, correcting any previous

certification of the election results.
N.D. Cent. Code § 16.1-06-21 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-21
16.1-06-21. Pollbooks delivered by county auditor - Contents - Inspector of elections to deliver
Status: in_force

16.1-06-21. Pollbooks delivered by county auditor - Contents - Inspector of elections

to deliver.

The county auditor shall see that one paper or electronic pollbook is delivered to the

election inspector in each election precinct or polling place in the county.

The election inspector shall deliver the pollbook, or cause the pollbook to be delivered, to

the clerks of election in the inspector's polling place on election day before the opening of the

polls.
N.D. Cent. Code § 16.1-03-03 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-03
16.1-03-03. Political parties may elect committeemen
Status: in_force

16.1-03-03. Political parties may elect committeemen

If a political party chooses to organize by precinct, the party in each voting precinct of this

state is entitled to elect one precinct committeeman for each two hundred fifty votes, or majority

of a fraction thereof, cast for the party's presidential electors, governor, attorney general, or

secretary of state in the precinct in the last general election. Each precinct committeeman must

be an elector of the precinct in which the committeeman resides and must be elected for a

two-year term.
N.D. Cent. Code § 16.1-15-07 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-07
16.1-15-07. County auditor not to refuse election returns if delivered in undirected manner - Informality in holding election
Status: in_force

16.1-15-07. County auditor not to refuse election returns if delivered in undirected

manner - Informality in holding election.

A county auditor may not refuse any election returns because they may have been returned

or delivered to the auditor in a manner other than that directed by this chapter, nor may the

auditor refuse to include any returns because of any informality in holding an election or in

making returns thereof.
N.D. Cent. Code § 16.1-12-03 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-03
16.1-12-03. Certificate of nomination to contain only one name - Individual to participate in only one nomination - Exception
Status: in_force

16.1-12-03. Certificate of nomination to contain only one name - Individual to

participate in only one nomination - Exception.

No certificate of nomination provided for by this chapter, except in the case of presidential

electors, may contain the name of more than one nominee for each office to be filled. An

individual elected or appointed to an office appearing on the no-party ballot or seeking

nomination and election to a no-party office may also seek nomination to legislative office and

may serve in the legislative assembly, unless the no-party office is the office of district court

judge, or a statewide elective office. Except as may be permitted in this section, no individual

may participate directly or indirectly in the nomination of more than one individual for each office

to be filled on the general election ballot, except an individual may sign a certificate of

nomination by petition for more than one individual for each office, and no individual may accept

a nomination to more than one office on the general election ballot. No political party is entitled

to more than one set of nominees on the official general election ballot.
N.D. Cent. Code § 16.1-07-13 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-13
16.1-07-13. Registration of absent voters' ballots on electronic voting systems
Status: repealed

16.1-07-13. Registration of absent voters' ballots on electronic voting systems

Repealed by S.L. 2021, ch. 164, § 114.
N.D. Cent. Code § 16.1-15-19 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-19
16.1-15-19. County canvassing board to disregard technicalities, misspelling, and abbreviations - Ballots set aside - Write-in votes canvassed - Votes from unestablished polling places disregarded
Status: in_force

16.1-15-19. County canvassing board to disregard technicalities, misspelling, and

abbreviations - Ballots set aside - Write-in votes canvassed - Votes from unestablished

polling places disregarded.

In canvassing the election returns, the county canvassing board shall disregard

technicalities, misspelling, and the use of initial letters or abbreviations of the name of any

candidate for office if it can be ascertained for whom the vote was intended. Under section

16.1-01-04.1, the board shall include in the canvass the votes from any ballot set aside and

subsequently verified by the individual who marked the ballot, and review each envelope

containing an unverified ballot forwarded to the board from the polling place election officials.

The envelopes for all ballots set aside along with the envelopes containing uncounted ballots

from unverified individuals must be kept with all other election materials for the required

retention period under section 16.1-15-13. Under section 16.1-15-01.1, the board shall review

and approve the canvass report of all qualifying write-in votes. The board may not count votes

polled in any place except at established polling places. The county canvassing board is

authorized to initial all absentee ballots cast pursuant to section 16.1-07-09 which were not

considered or counted by the absentee ballot precinct election board and to make a final

determination of eligibility for all ballots that were rejected for the reasons provided in sections

16.1-07-10 and 16.1-07-12.
N.D. Cent. Code § 16.1-05-07 — ND Code / Title 16.1 / Chapter 16.1-05 / Section 16.1-05-07
16.1-05-07. Poll clerks to check identification and verify eligibility - Poll clerks to request, correct, and update incorrect information contained in the pollbook
Status: in_force

16.1-05-07. Poll clerks to check identification and verify eligibility - Poll clerks to

request, correct, and update incorrect information contained in the pollbook.

1. Before delivering a ballot to an individual in any election, the poll clerks shall require

the individual to show a valid form of identification with the information required under

section 16.1-01-04.1.

2. a. When verifying an individual's eligibility or when entering the name of an

individual into the pollbook, poll clerks shall request, correct, and update any

incorrect or incomplete information about an individual required to be included in

the pollbook generated from the central voter file.

b. If the individual's name is contained in the pollbook generated from the central

voter file, the poll clerks shall verify the individual's residential address and

mailing address.

c. If the individual's name is not contained in the pollbook generated from the

central voter file but the individual is determined eligible to vote, the poll clerks

shall record the individual's name in the pollbook. The poll clerks shall request

and obtain any additional information for the individual required to be included in

the pollbook and the central voter file.

3. Poll clerks shall direct an individual who is attempting to vote in the incorrect precinct

or who does not meet the thirty-day residency requirement to the proper precinct and

polling place.
N.D. Cent. Code § 16.1-08.1-03.2 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.2
16.1-08.1-03.2. Political committee and candidate registration
Status: in_force

16.1-08.1-03.2. Political committee and candidate registration

1. A political committee as defined in section 16.1-08.1-01 shall register its name, mailing

address, telephone number, and nongovernment issued electronic mail address, its

agent's name, mailing address, telephone number, and nongovernment issued

electronic mail address, and a designation as to whether the committee is incorporated

solely for the purpose of liability protection, with the secretary of state. A candidate

who does not have a candidate committee shall register the candidate's name, mailing

address, telephone number, and nongovernment issued electronic mail address with

the secretary of state. If the candidate has an agent, the candidate also shall register

the agent's name, mailing address, telephone number, and nongovernment issued

electronic mail address with the secretary of state. The registration required under this

section for a candidate or political committee that has not previously registered with

the secretary of state must be submitted within fifteen business days of the receipt of

any contribution or expenditure made.

2. A candidate or political committee required to be registered under this section must

register with the secretary of state each year during which the candidate holds public

office or during which the political committee receives contributions, makes

expenditures for political purposes, or has a balance in the campaign account. An

individual who no longer holds public office or an individual who no longer seeks public

office must register with the secretary of state each year in which contributions are

received, expenditures are made for political purposes, or has a balance in the

campaign account.

3. A political committee that organizes and registers according to federal law and makes

an independent expenditure or makes a disbursement in excess of two hundred

dollars to a nonfederal candidate seeking public office, a political party, or political

committee in this state is not required to register as a political committee according to

this section if the political committee reports according to section 16.1-08.1-03.7.

4. Registration by a political committee under this section does not reserve the name for

exclusive use nor does it constitute registration of a trade name under chapter 47-25.
N.D. Cent. Code § 16.1-11.1-04 — ND Code / Title 16.1 / Chapter 16.1-11.1 / Section 16.1-11.1-04
16.1-11.1-04. Voting by electors
Status: in_force

16.1-11.1-04. Voting by electors

Upon receipt of a mail ballot, an elector shall mark it, sign the return identification envelope,

and comply with the instructions provided with the ballot. The elector may return the completed

ballot to the county auditor by mail or, by the close of polls on election day, to any other place of

deposit designated by the auditor. The elector may not deliver the completed ballot to an

election board at a polling location. If the elector returns the ballot by mail, the elector shall

provide the postage, and the ballot must be received by the officer by the close of polls on

election day.
N.D. Cent. Code § 16.1-05-03 — ND Code / Title 16.1 / Chapter 16.1-05 / Section 16.1-05-03
16.1-05-03. Secretary of state and county auditors to distribute election information - County auditor to provide instruction
Status: in_force

16.1-05-03. Secretary of state and county auditors to distribute election information -

County auditor to provide instruction.

1. Not less than thirty days before any primary, general, or special election, the secretary

of state shall provide an instruction manual approved by the attorney general, which in

layman's terms presents in detail the responsibilities of each election official. The

secretary of state shall forward sufficient copies of this manual to each county auditor

who shall distribute the manuals to each member of all the election boards in the

county.

2. Before each primary and general election, each county auditor or the auditor's

designated representative shall conduct training sessions on election laws and

election procedures for election officials in the county and may conduct training

sessions before any special statewide or legislative district election. The session or

sessions must be conducted at such place or places throughout the county as the

county auditor determines to be necessary. Attendance at the session is mandatory for

members of the election board and for poll clerks. The county auditor shall notify the

members of the election boards, poll clerks, and the state's attorney of the time and

place of the session. The state's attorney shall attend all sessions to give advice on

election laws. The county auditor shall invite the district chairman in that county

representing any political party casting at least five percent of the total votes cast for

governor at the last election to attend the session at the chairman's own expense. On

the date of the course or courses, the county auditor may deliver to all election

inspectors at the meeting the official ballots and all other materials as provided in

chapter 16.1-06. Except as otherwise provided in this section, each person attending

the course or courses must be compensated as provided in section 16.1-05-05.

3. An election official, at the option of the county auditor, may be excused from attending

a third training session on election laws within a twelve-month period. If an election

official has attended a training session within the six months preceding a special

election, the election official must be compensated at the pay appropriate for those

having attended a training session, as provided in section 16.1-05-05, for that election.
N.D. Cent. Code § 16.1-06-25 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-25
16.1-06-25. Voting systems - Violations - Penalty
Status: in_force

16.1-06-25. Voting systems - Violations - Penalty

Any person who violates any of the provisions of this chapter relating to voting systems,

who tampers with or injures any voting system or device to be used or being used in any

election, or who prevents the correct operation of any such system or device to be used or

being used in any election is guilty of a class C felony.
N.D. Cent. Code § 16.1-07-31 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-31
16.1-07-31. Prohibition of nonessential requirements
Status: in_force

16.1-07-31. Prohibition of nonessential requirements

1. If a voter's mistake or omission in the completion of a document under sections

16.1-07-18 through 16.1-07-33 does not prevent determining whether a covered voter

is eligible to vote, the mistake or omission does not invalidate the document. Failure to

satisfy a nonessential requirement, such as using paper or envelopes of a specified

size or weight, does not invalidate a document submitted under this chapter. In any

write-in ballot authorized by law, if the intention of the voter is discernable, as provided

under the Help America Vote Act [42 U.S.C. 15481(a)(6)], an abbreviation, misspelling,

or other minor variation in the form of the name of a candidate or a political party must

be accepted as a valid vote.

2. Notarization is not required for the execution of a document under sections 16.1-07-18

through 16.1-07-33. An authentication, other than the declaration specified in section

16.1-07-27 or the declaration on the federal postcard application and federal write-in

absentee ballot, is not required for execution of a document under sections 16.1-07-18

through 16.1-07-33. The declaration and any information in the declaration may be

compared against information on file to ascertain the validity of the document.
N.D. Cent. Code § 16.1-06-04 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-04
16.1-06-04. Form and quality of ballots generally
Status: in_force

16.1-06-04. Form and quality of ballots generally

1. All official ballots prepared under this title must:

a. Be printed on uniform quality and color of paper in an ink color suitable to make

the ballot clearly legible and compatible with the voting system requirements

necessary to tabulate the votes.

b. Be of sufficient length to contain the names of all candidates to be voted for at

that election.

c. Have the language "Vote for no more than _________ name (or names)" placed

immediately under the name of each office.

d. Have printed on the ballot "To vote for the candidate of your choice, darken the

oval next to the name of that candidate. To vote for a person whose name is not

printed on the ballot, darken the oval next to the blank line provided and write that

person's name on the blank line."

e. Leave sufficient space for each office to write names in lieu of those printed on

the ballot.

f. Have an oval printed preceding and on the same line as the name of each

candidate which the voter is to darken to mark the voter's choice of candidate.

g. Provide text boxes at the bottom of the first side of the ballot. The text box at the

bottom of the first column is to contain the words "Official Ballot, the name of the

county, the name or number of the precinct, and the date of the election". The text

box is to contain the words "All ballots, other than those used to vote absentee,

must first be initialed by appropriate election officials in order to be counted". The

text box at the bottom of the third column is to contain the phrase "election official

initials" preceded by a blank line where the judge or inspector shall initial the

ballot.

2. The ballot must contain the names of all candidates, the contents of measures as

required by section 16.1-06-09, and the statements of questions to be submitted to the

voters. The ballot must be arranged in a manner and form approximating as far as

possible the requirements of this section.
N.D. Cent. Code § 16.1-06-18 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-18
16.1-06-18. Delivery of ballots
Status: in_force

16.1-06-18. Delivery of ballots

County auditors shall deliver, or cause to be delivered, by reliable method, to the inspector

of elections in each polling place the official ballots. The ballots must be delivered in sealed

packages marked plainly with the name of the precinct. The county auditor also shall deliver or

cause to be delivered a suitable seal for the wrapper containing the ballots as provided in

section 16.1-15-08.
N.D. Cent. Code § 16.1-13-25 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-25
16.1-13-25. Elector may write name on ballot - Counting
Status: in_force

16.1-13-25. Elector may write name on ballot - Counting

The provisions of this title do 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 § 16.1-14.1-01 — ND Code / Title 16.1 / Chapter 16.1-14.1 / Section 16.1-14.1-01
16.1-14.1-01. Definitions
Status: in_force

16.1-14.1-01. Definitions

In this chapter:

1. "Cast" means accepted by the secretary of state in accordance with subsection 2 of

section 16.1-14.1-06.

2. "Elector" means an individual selected as a presidential elector under chapter 16.1-14

and this chapter.

3. "President" means president of the United States.

4. "Vice president" means vice president of the United States.
N.D. Cent. Code § 16.1-13-09 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-09
16.1-13-09. Resignation of members of legislative assembly after certificate of election
Status: in_force

16.1-13-09. Resignation of members of legislative assembly after certificate of

election.

Any individual who receives a certificate of election as a member of the legislative assembly

may resign the office even if the individual has not entered upon the execution of the duties of

the office or taken the requisite oath of office.
N.D. Cent. Code § 16.1-11-15 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-15
16.1-11-15. Nominating petition not to be circulated prior to January first - Special election
Status: in_force

16.1-11-15. Nominating petition not to be circulated prior to January first - Special

election.

No nominating petition provided for in sections 16.1-11-06 and 16.1-11-11 may be circulated

or signed prior to January first preceding the primary election. Any signatures to a petition

secured before that time may not be counted. A nominating petition for a special election may

not be circulated or signed more than thirty days before the time when a petition for the special

election must be filed.
N.D. Cent. Code § 16.1-16-09 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-09
16.1-16-09. Appeal of election contest judgment
Status: in_force

16.1-16-09. Appeal of election contest judgment

An appeal to the supreme court of the judgment in an election contest action may be had by

filing a notice of appeal with the clerk of the supreme court within ten days of the date of the

service of notice of entry of the judgment. Appeals of election contest actions must be

conducted in the manner provided by the North Dakota Rules of Appellate Procedure. Election

contest appeals must take precedence over regular court business so election results can be

determined as soon as practicable. An appeal may be brought on for hearing before the

supreme court at any time upon ten days' notice by either party and must be determined in a

summary manner.
N.D. Cent. Code § 16.1-05-05 — ND Code / Title 16.1 / Chapter 16.1-05 / Section 16.1-05-05
16.1-05-05. Compensation of election officers
Status: in_force

16.1-05-05. Compensation of election officers

The county auditors shall pay at least the state minimum wage to the relevant election

officials. Members of the election board and poll clerks who attend the training sessions

provided by section 16.1-05-03 must be paid at least the state minimum wage for the hours in

attendance in the session in addition to necessary expenses and mileage. State, county, or

other election officials who are required to incur expenses while performing duties in the election

process may be reimbursed only for their actual and necessary expenses and mileage in the

performance of those duties, in accordance with sections 11-10-15, 44-08-04, and 54-06-09.

Other persons performing election duties must also be paid for expenses and mileage in like

manner and amounts. Members of election boards who attend the training sessions provided by

section 16.1-05-03 must be paid at least twenty-five percent more than the state minimum wage

during the time spent in the performance of their election duties.
N.D. Cent. Code § 16.1-03-02 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-02
16.1-03-02. Who may participate in and vote at caucus
Status: in_force

16.1-03-02. Who may participate in and vote at caucus

1. Only those individuals who are qualified electors under section 16.1-01-04 may vote or

be elected as officers at the party caucus.

2. In case the right of an individual to participate at the caucus is challenged, the

question of the individual's right to participate must be decided by a vote of the whole

caucus. An individual so challenged may not vote on the question of the individual's

right to participate in the caucus, and a two-thirds vote of the whole caucus is required

to exclude an individual from participation.

3. An individual may not vote or participate at more than one caucus in any one year.
N.D. Cent. Code § 16.1-07-03 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-03
16.1-07-03. Preparation and printing of ballots
Status: repealed

16.1-07-03. Preparation and printing of ballots

Repealed by S.L. 2011, ch. 154, § 19.
N.D. Cent. Code § 16.1-07-26 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-26
16.1-07-26. Receipt of voted ballot
Status: in_force

16.1-07-26. Receipt of voted ballot

1. A valid military-overseas ballot cast in accordance with section 16.1-07-24 must be

counted if it is delivered before the canvassing board meets to canvas the returns.

2. If, at the time of completing a military-overseas ballot and balloting materials, the voter

has affirmed under penalty of perjury under section 16.1-07-27 that the ballot was

timely submitted, the ballot may not be rejected on the basis that it was received by

the officer after the close of polls on election day.
N.D. Cent. Code § 16.1-12-02.3 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-02.3
16.1-12-02.3. Nominating petition for an independent candidate not to be circulated more than one hundred fifty days before filing time - Special election
Status: in_force

16.1-12-02.3. Nominating petition for an independent candidate not to be circulated

more than one hundred fifty days before filing time - Special election.

A petition provided for in this chapter may not be circulated or signed more than one

hundred fifty days before the date when any petition must be filed under this chapter. Any

signatures to a petition obtained more than one hundred fifty days before that date may not be

counted. A nominating petition for a special election may not be circulated or signed more than

thirty days before the date when the petition must be filed.
N.D. Cent. Code § 16.1-15-37 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-37
16.1-15-37. Examination of abstracts by state canvassing board - Messenger dispatched to county when error discovered
Status: in_force

16.1-15-37. Examination of abstracts by state canvassing board - Messenger

dispatched to county when error discovered.

After the state canvassing board is formed, the board shall examine the certified abstracts

of the county canvassing boards and verify the computed final results as provided in section
N.D. Cent. Code § 16.1-09-03 — ND Code / Title 16.1 / Chapter 16.1-09 / Section 16.1-09-03
16.1-09-03. Contents of statement of interests
Status: in_force

16.1-09-03. Contents of statement of interests

The statement of interests required to be filed under this chapter applies to the candidate or

appointee and that person's spouse and must include:

1. The name of the business or employer and an identification of the principal source of

income, defined in the state income tax return as "principal occupation", of both the

candidate or appointee and that person's spouse.

2. The name of each business or trust, not the principal source of income, in which the

person making the statement, and that person's spouse, have a financial interest.

3. A list of the associations or institutions with which the person making the statement,

and that person's spouse, are closely associated, or for which they serve as a director

or officer, and which may be affected by legislative action, in the case of a statement

submitted by a legislative candidate, or action by the candidate or appointee in that

person's capacity as an officeholder.

4. The identity by name of all business offices, business directorships, and fiduciary

relationships the person making the statement, and that person's spouse, have held in

the preceding calendar year.

5. A list of political subdivisions and any agency or department of the state to which the

person providing the statement, or the person's spouse, sold goods or services of

more than five thousand dollars in the preceding calendar year from:

a. An employer identified under subsection 1 in which the person or the person's

spouse has an ownership interest of ten percent or more; or

b. A business or trust identified in subsection 2 in which the person or the person's

spouse has an ownership interest of ten percent or more and the business or

trust is directly related to the official duties of the office the person is seeking or

holding.
N.D. Cent. Code § 16.1-15-18 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-18
16.1-15-18. Compensation as members of board
Status: in_force

16.1-15-18. Compensation as members of board

Each member of the county canvassing board who is not a paid official of the county, while

serving as a member of the county canvassing board, shall receive compensation in

accordance with section 16.1-05-05. The compensation and mileage must be audited, allowed,

and paid by the board of county commissioners in each county.
N.D. Cent. Code § 16.1-13-07 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-07
16.1-13-07. Preparation, printing, distributing, canvassing, and returning of no-party ballot
Status: in_force

16.1-13-07. 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 general election ballots.
N.D. Cent. Code § 16.1-11-20 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-20
16.1-11-20. Certified list of nominees transmitted to county auditor by secretary of state
Status: in_force

16.1-11-20. Certified list of nominees transmitted to county auditor by secretary of

state.

At least fifty-five days before any primary election, the secretary of state shall transmit

electronically to each county auditor a certified list containing the names of each individual for

whom nomination papers have been filed in the secretary of state's office and who is entitled to

be voted for at the primary election. A designation of the office for which each is a candidate,

and if applicable, the party or principle represented by each must be included.
N.D. Cent. Code § 16.1-13-14 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-14
16.1-13-14. Special election to fill vacancies - Party committee to call convention to nominate - Individual nominations
Status: in_force

16.1-13-14. Special election to fill vacancies - Party committee to call convention to

nominate - Individual nominations.

If a special election is called to fill a vacancy in any office for which a party nomination may

be made, the proper party committee shall call a convention to make a party nomination for the

office, and the district must be duly convened and shall elect the required number of delegates

to the convention. Individual nominations for special elections must be made in accordance with

the provisions of chapter 16.1-12.
N.D. Cent. Code § 16.1-06-02 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-02
16.1-06-02. Ballots prepared by county auditor or local official - Penalty
Status: in_force

16.1-06-02. Ballots prepared by county auditor or local official - Penalty

For a local election, the ballots must be printed and distributed under the direction of the

auditor or clerk of the local subdivision. For all other elections, the secretary of state shall

prescribe a printing vendor. Ballots must be printed and distributed under the direction of the

county auditor, subject to the supervision and approval of the secretary of state as to the legal

sufficiency of the form, style, wording, and contents of the ballots. If an auditor or clerk of a local

subdivision, a county auditor, or the secretary of state causes or approves the printing of a ballot

listing an individual as a candidate when the official knows or should know the individual does

not meet the qualifications, or has not satisfied the requirements to be a candidate, the official is

guilty of an infraction.
N.D. Cent. Code § 16.1-07-23 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-23
16.1-07-23. Transmission of unvoted ballots
Status: in_force

16.1-07-23. Transmission of unvoted ballots

1. For all covered elections for which this state has not received a waiver under the

Military and Overseas Voter Empowerment Act [42 U.S.C. 1973ff-1(g)(2)] not later than

forty-five days before the election or, if the forty-fifth day before the election is a

weekend or holiday, not later than the business day preceding the forty-fifth day, the

appropriate election official shall transmit ballots and balloting materials to all covered

voters who by that date submit a valid military-overseas ballot application.

2. A covered voter who requests a ballot and balloting materials be sent to the voter by

electronic transmission may choose facsimile transmission, electronic mail, or other

electronic delivery approved by the secretary of state. The election official charged

with distributing a ballot and balloting materials shall transmit the ballot and balloting

materials to the voter using the means of transmission chosen by the voter.

3. If a ballot application from a covered voter arrives after the election official begins

transmitting ballots and balloting materials to voters, the official shall transmit them to

the voter not later than two business days after the application arrives.
N.D. Cent. Code § 16.1-15-45 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-45
16.1-15-45. Form of certificate of election for state officers - Signatures
Status: in_force

16.1-15-45. Form of certificate of election for state officers - Signatures

A certificate of election must be prepared by the secretary of state for each individual

elected to a state or a district office. The certificate must be signed by the governor and the

secretary of state, have the great seal of the state affixed, and be attested by at least one of the

other members of the state canvassing board. The certificate, in substance, must be in the

following form:

At an election held on ______________, ___, ______________ was elected to the

office of _______________ of this state for the term of _____________ years from

_______________, _______, (or, if to fill a vacancy, for the residue of the term ending on

__________, ___), and until a successor is duly elected and qualified.

Given at Bismarck on __________, ___.
N.D. Cent. Code § 16.1-08.1-03.1 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.1
16.1-08.1-03.1. Special requirements for statements required of persons engaged in activities regarding ballot measures
Status: in_force

16.1-08.1-03.1. Special requirements for statements required of persons engaged in

activities regarding ballot measures.

1. For each reportable contribution and expenditure under section 16.1-08.1-02.4, the

threshold for reporting is one hundred dollars for any person engaged in activities

described in subdivision e of subsection 12 of section 16.1-08.1-01.

2. For contributions received from any contributor, a person engaged in activities

described in subdivision e of subsection 12 of section 16.1-08.1-01 shall include the

following information regarding each subcontributor that has stated a contribution is for

the express purpose of furthering the passage or defeat of a ballot measure in the

statements required under section 16.1-08.1-02.4:

a. A designation as to whether any person contributed in excess of one hundred

dollars of the total contribution;

b. The name and mailing address of each subcontributor that contributed in excess

of one hundred dollars of the total contribution;

c. The contribution amounts of each disclosed subcontributor; and

d. The occupation, employer, and address for the employer's principal place of

business of each disclosed subcontributor.

3. An initiative and referendum sponsoring committee also shall file a disclosure

statement by the date the secretary of state approves the petition for circulation, and

shall file an additional statement on the date the petitions containing the required

number of signatures are submitted to the secretary of state for review. The

statements required under this subsection must be in the same form as the year-end

statements under section 16.1-08.1-02.4.

4. A sponsoring committee shall file a statement regarding its intent to compensate

circulators before paying for petitions to be circulated.
N.D. Cent. Code § 16.1-11.1-05 — ND Code / Title 16.1 / Chapter 16.1-11.1 / Section 16.1-11.1-05
16.1-11.1-05. Replacement ballots
Status: in_force

16.1-11.1-05. Replacement ballots

An elector may obtain a replacement ballot if a mail ballot is destroyed, spoiled, lost, or not

received by the elector. The elector seeking a replacement ballot shall make the elector's

request of the county auditor or appropriate election officer no later than four p.m. on the day

before the election. After submission to the appropriate election officer, a voter's marked mail

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.
N.D. Cent. Code § 16.1-14-12 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-12
16.1-14-12. Hearing - How conducted
Status: in_force

16.1-14-12. Hearing - How conducted

The board shall hear the contest and decide all questions of law and fact involved. The

burden of proof in each case is on the petitioners. The hearing is confined to the grounds stated

in the petition, but the board may allow the petition to be amended. Ex parte affidavits are not

competent evidence at the hearing. An individual may not be excused from testifying or from

producing papers or documents at the hearing on the grounds the testimony will tend to

incriminate the individual, but an individual testifying may not be subject to any suit or

prosecution, civil or criminal, for any matter or cause in respect to which the individual is

examined or to which the individual's testimony relates. The board has the same power to

compel the attendance of witnesses as the district courts of this state possess, and nothing in

this chapter limits the power of the board to make regulations as to the conduct of the

proceedings as the board deems proper, not inconsistent with the provisions of this chapter. The

board has all powers necessary to the complete performance of the duties and authority

conferred upon the board by this chapter.
N.D. Cent. Code § 16.1-14.1-07 — ND Code / Title 16.1 / Chapter 16.1-14.1 / Section 16.1-14.1-07
16.1-14.1-07. Elector replacement - Associated certificates
Status: in_force

16.1-14.1-07. Elector replacement - Associated certificates

1. After the vote of this state's electors is completed, if the final list of electors differs from

any list that the governor previously included on a certificate of ascertainment

prepared and transmitted under 3 U.S.C. 6, the secretary of state immediately shall

prepare documentation of the vacancy, the method by which the vacancy was filled,

and the names of the final list of electors and transmit the documentation to the

governor for the governor's signature.

2. The governor immediately shall deliver the signed documentation to the secretary of

state and a signed duplicate original of the documentation to all individuals entitled to

receive this state's certificate of ascertainment, indicating that the signed

documentation is to be substituted for the certificate of ascertainment previously

submitted.

3. The secretary of state shall prepare a certificate of vote. The electors on the final list

shall sign the certificate. The secretary of state shall process and transmit the signed

certificate with the signed documentation under 3 U.S.C. 9, 10, and 11.
N.D. Cent. Code § 16.1-11-13 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-13
16.1-11-13. Filing petition or certificate of endorsement when legislative district composed of more than one county - Certificate of county auditor
Status: repealed

16.1-11-13. Filing petition or certificate of endorsement when legislative district

composed of more than one county - Certificate of county auditor.

Repealed by S.L. 2013, ch. 175, § 11.
N.D. Cent. Code § 16.1-03-16 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-16
16.1-03-16. Filling vacancy occurring in office of national committeeman or committeewoman
Status: repealed

16.1-03-16. Filling vacancy occurring in office of national committeeman or

committeewoman.

Repealed by S.L. 1997, ch. 189, § 12.
N.D. Cent. Code § 16.1-07-13.1 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-13.1
16.1-07-13.1. Signature mismatch - Verification of signatures
Status: in_force

16.1-07-13.1. Signature mismatch - Verification of signatures

1. If an election official, absentee ballot precinct election board, or the canvassing board

has reason to suspect the absent voter's signatures on the application and the affidavit

on the returned ballot envelope do not match, the election official shall notify the

absent voter the signatures do not appear to match. The notification must include

instructions by which the absent voter may confirm the validity of the signatures, a

statement that verification is required before the ballot can be counted, the date and

time of the canvassing board meeting, and a statement that verification must be

completed by the absent voter before close of the meeting of the canvassing board

occurring thirteen days after the election.

2. The absent voter may confirm the validity of the signatures by written communication

or personal visit to the office of the election official administering the election. If the

voter confirms by written communication, the written communication must include a

copy of the identification used when applying for the ballot. If the voter confirms

through a personal visit to the election official, the voter must show the identification

used when applying for the ballot. The election official shall make a copy of the

identification shown, and the copy must be included with the application and ballot

when provided to the election board or canvassing board, whichever would be

appropriate based on when the voter verified the signatures. The canvassing board

shall include in the final tally the ballot from an absent voter who has completed the

verification process and was eligible to vote the returned ballot.

3. An individual contacted regarding the mismatch of signatures may deny making the

application or returning the ballot. The election official receiving the denial shall turn

the application and uncounted ballot over to the county state's attorney for

investigation of attempted voter fraud.

4. The election official shall record in the minutes of the county canvassing board the

manner and number of attempts made to contact an absent voter for signature

verification, the number of ballots included in the tally because the signatures were

verified, and the number of ballots ultimately rejected by the canvassing board along

with the reasons for the rejections.

5. After the meeting of the canvassing board, the election official shall send a written

notice to each absent voter whose ballot was rejected and not counted because of

signature mismatch.
N.D. Cent. Code § 16.1-13-38 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-38
16.1-13-38. Mailing duplicate application for presidential elector ballot
Status: in_force

16.1-13-38. Mailing duplicate application for presidential elector ballot

The county auditor immediately shall mail a duplicate of the application for a presidential

elector ballot to the appropriate official of the state in which the applicant last resided.
N.D. Cent. Code § 16.1-11-22 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-22
16.1-11-22. Primary election ballot - Form - Voters to vote for candidates of only one political party
Status: in_force

16.1-11-22. Primary election ballot - Form - Voters to vote for candidates of only one

political party.

At the primary election there may be only one ballot containing the separate sections for all

parties or principles. The judges and the inspector of elections shall inform each elector at the

primary, before voting, if the voter votes for candidates of more than one political party the

voter's political party ballot will be rejected. The ballot must be in the following form:

1. The ballot must be entitled the "consolidated primary election ballot".

2. Each political party or principle having candidates at the primary election must have a

separate section on the ballot.

3. At the head of each section must be printed the name of the political party or principle

which it represents.

4. Spanning the columns containing the political party ballot sections and before the party

names or principle titles must be printed: "In a Political Party Primary Election, you

may only vote for the candidates of one political party. This ballot contains the number

of political parties or principles and a description of where the political parties or

principles are to be found in the sections below. If you vote in more than one political

party's section, your Political Party Ballot will be rejected; however, all votes on the No

Party and Measure Ballots will still be counted."

5. Immediately below the warning against voting for candidates of more than one political

party must be printed: "To vote for the candidate of your choice, you must darken the

oval next to the name of that candidate. To vote for an individual whose name is not

printed on the ballot, you must darken the oval next to the blank line provided and

write that individual's name on the blank line."

6. The offices specified in section 16.1-11-26 must be arranged in each section with the

name of each office in the center of each political party section at the head of the

names of all the candidates for the office.

7. Immediately under the name of each office must be printed: "Vote for no more than

__________ name (or names)."

8. Immediately preceding and on the same line as the name of each candidate must be

printed an oval in which the voter is to mark the voter's choice by darkening the oval

next to the name of the candidate chosen.

9. The political party or principle which cast the largest vote for governor at the most

recent primary election at which the office of governor was voted upon must have the

first section, and the political party or principle casting the next largest vote must have

the second section, and so on.
N.D. Cent. Code § 16.1-14-08 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-08
16.1-14-08. Contestant may apply to board
Status: in_force

16.1-14-08. Contestant may apply to board

A group of electors of a presidential candidate not listed in the proclamation of the governor

issued according to section 16.1-14-03 and who received at least one-fifth of the votes cast at

an election for presidential electors, as certified by the state canvassing board, may apply to the

board provided for in section 16.1-14-07 for a declaration of election as presidential electors.
N.D. Cent. Code § 16.1-03-13 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-13
16.1-03-13. When state party convention held
Status: repealed

16.1-03-13. When state party convention held

Repealed by S.L. 1997, ch. 189, § 12.