N.D. Cent. Code § 16.1-01-08 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-08
16.1-01-08. Correcting errors on ballots - Requiring performance of duty - Correcting or prosecuting wrongful performance
Status: in_force

16.1-01-08. Correcting errors on ballots - Requiring performance of duty - Correcting

or prosecuting wrongful performance.

1. The secretary of state shall investigate thoroughly, when the matter comes to the

secretary of state's attention, any of the following:

a. Any error or omission that has occurred or is about to occur in placing any name

on an official election ballot; however, a factual dispute regarding a candidate's

residency may be resolved only by a court order.

b. Any error that has been or is about to be committed in printing the ballot.

c. Any wrongful act that has been or is about to be done by any judge or election

clerk, county auditor, canvassing board, a canvassing board member, or any

other individual charged with any duty concerning the election.

d. Any neglect of duty which has occurred or is about to occur.

2. If required, the secretary of state shall order the officer or individual charged with the

error, wrong, or neglect to correct the error, desist from the wrongful act, or perform

any required duty. The secretary of state may call upon any county auditor for aid in

investigating and correcting the problem. The secretary of state shall cause any

individual who violates the secretary of state's order to be prosecuted if the violation

constitutes an offense pursuant to this chapter. If the administrative remedies fail to

correct the problem, or if the secretary of state refuses to act, any individual may

petition the supreme court, or the district court of the relevant county if the election of a

county officer is involved, for an order compelling the correction of the error, wrong,

neglect, or act.
N.D. Cent. Code § 16.1-13-19 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-19
16.1-13-19. Election not to be held in room where alcoholic beverages sold
Status: in_force

16.1-13-19. Election not to be held in room where alcoholic beverages sold

An election may not be held in a room in which alcoholic beverages are being sold while the

polls are open or while election board members are completing assigned work.
N.D. Cent. Code § 16.1-16-14 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-14
16.1-16-14. Testimony and records filed with secretary of state - Secretary of state to deliver to presiding officer
Status: repealed

16.1-16-14. Testimony and records filed with secretary of state - Secretary of state to

deliver to presiding officer.

Repealed by S.L. 1987, ch. 259, § 15.
N.D. Cent. Code § 16.1-03-10 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-10
16.1-03-10. Member of committee to be qualified elector - Term of member
Status: repealed

16.1-03-10. Member of committee to be qualified elector - Term of member

Repealed by S.L. 1997, ch. 189, § 12.
N.D. Cent. Code § 16.1-01-09 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-09
16.1-01-09. Initiative or referendum petitions - Signature - Form - Circulation
Status: repealed

16.1-01-09. Initiative or referendum petitions - Signature - Form - Circulation

1. a. A request of the secretary of state for approval of a petition to initiate or refer a

measure 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 measure;

the printed name, signature, and address of the committee member; and

notarization of the signature. The filed signature forms must be originals.

b. Upon receipt of a petition to initiate or refer a measure, the secretary of state shall

draft a short and concise statement that fairly represents the measure. The

statement must be submitted to the attorney general for approval or disapproval.

c. The secretary of state and the attorney general shall complete their review of a

petition in not less than five, nor more than seven, business days, excluding

Saturdays.

d. An approved statement must be affixed to the petition by the sponsoring

committee. The statement must be called the "petition title" and placed

immediately before the full text of the measure. The petition packet, including the

approved statement and affidavits from the sponsoring committee members,

must be submitted for final review by the secretary of state within fifteen business

days, excluding Saturdays, before the petition can be approved to circulate for

the collection of signatures. Petition packets and affidavits not received within

fifteen business days are considered withdrawn.

2. An individual may not sign any initiative or referendum petition circulated pursuant to

article III of the Constitution of North Dakota unless the individual is a qualified elector.

An individual may not sign any petition more than once, and each signer shall also

legibly print the signer's name, complete residential address or rural route or general

delivery address, and the date of signing on the petition. Every qualified elector signing

a petition shall do so in the presence of the individual circulating the petition. A

referendum or initiative petition must be on a form prescribed by the secretary of state

containing the following information:

REFERENDUM [INITIATIVE] PETITION

TO THE SECRETARY OF STATE,

STATE OF NORTH DAKOTA

We, the undersigned, being qualified electors request [House (Senate) Bill

__________ passed by the __________ Legislative Assembly] [the following

initiated law] be placed on the ballot as provided by law.

SPONSORING COMMITTEE

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

of North Dakota who, as the sponsoring committee for the petitioners, represent

and act for the petitioners in accordance with law:

Name Address

_____________________(Chairperson) __________________________

______________________________ __________________________

PETITION TITLE

(To be drafted by the secretary of state, approved by the attorney general, and

attached to the petition before circulation.)

FULL TEXT OF THE MEASURE

IF MATERIAL IS UNDERSCORED, IT IS NEW MATERIAL WHICH IS BEING

ADDED. IF MATERIAL IS OVERSTRUCK BY DASHES, THE MATERIAL IS

BEING DELETED. IF MATERIAL IS NOT UNDERSCORED OR OVERSTRUCK,

THE MATERIAL IS EXISTING LAW THAT IS NOT BEING CHANGED.

[The full text of the measure must be inserted here.]

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 thirty days,

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

complete residential address or 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.

QUALIFIED ELECTORS

Signed

Month, Name of Printed Residential Address or City

Day, Qualified Name of Complete Rural Route State,

Year Elector Qualified or General Delivery Zip Code

Elector Address

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. In this section for

referral petitions "full text of the measure" means the bill as passed by the

legislative assembly excluding the session and sponsor identification. In this

section for initiative petitions "full text of the measure" means an enacting clause

which must be: "BE IT ENACTED BY THE PEOPLE OF THE STATE OF NORTH

DAKOTA" and the body of the bill. If the measure amends the law, all new

statutory material must be underscored and all statutory material to be deleted

must be overstruck by dashes. When repealing portions of the law, the measure

must contain a repealer clause and, in brackets, the text of the law being

repealed.

3. Each copy of any 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)

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. No petition may be circulated under the authority of article III of the Constitution of

North Dakota 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. A petition may

not include a statement of intent or similar explanatory information.

5. When signed petitions are delivered to the secretary of state, the chairperson of the

sponsoring committee shall submit to the secretary of state 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 secretary of state, the

petitions are considered filed and may not be returned to 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 petition that has

been submitted to and received by the secretary of state.

6. An initiative or referendum petition may be submitted to the secretary of state until

midnight of the day designated as the deadline for submitting the petition.

7. An initiative petition may be circulated for one year from the date it is approved for

circulation by the secretary of state.
N.D. Cent. Code § 16.1-06-23 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-23
16.1-06-23. Secretary of state to send instructions to county auditor to make returns
Status: in_force

16.1-06-23. Secretary of state to send instructions to county auditor to make returns

The secretary of state shall send instructions for generating reports for all returns of votes

required to be made to the secretary of state's office.
N.D. Cent. Code § 16.1-07-27 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-27
16.1-07-27. Declaration
Status: in_force

16.1-07-27. Declaration

Each military-overseas ballot must include or be accompanied by a declaration signed by

the voter declaring that a material misstatement of fact in completing the document may be

grounds for a conviction of perjury under the laws of the United States or this state.
N.D. Cent. Code § 16.1-11.1-06 — ND Code / Title 16.1 / Chapter 16.1-11.1 / Section 16.1-11.1-06
16.1-11.1-06. Canvass of votes - Mail ballot precinct
Status: in_force

16.1-11.1-06. Canvass of votes - Mail ballot precinct

The county auditor shall appoint a mail ballot precinct election board for the purpose of

counting mail ballots in the same manner as prescribed in section 16.1-07-12.1. The board may

begin scanning the ballots at any time beginning three business days before election day and

the closing of the polls on election day. Results from the mail ballot precinct may be counted,

canvassed, or released under chapter 16.1-15 as soon as any precinct within the county, city, or

legislative district closes its polls on the day of the election. The county auditor shall designate a

location for the closing, counting, and canvassing process under chapter 16.1-15, which location

must be open to any person for the purpose of observing. The board shall comply with the

requirements of sections 16.1-15-04 through 16.1-15-12 as applicable. A county conducting a

mail ballot election constitutes one voting area, and ballots need not be sorted according to

precinct or ward unless necessary for the administration of the election.
N.D. Cent. Code § 16.1-16-05 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-05
16.1-16-05. Grounds for election contest
Status: in_force

16.1-16-05. Grounds for election contest

An election contest may be commenced for any of the following causes:

1. The contestee does not or cannot meet the qualifications to hold the office as required

by law.

2. The existence of illegal votes or erroneous or fraudulent voting, count, canvass, or

recount of votes.

3. The contestee was listed as a candidate on the ballot despite failing to meet the

requirements to be listed on the ballot.
N.D. Cent. Code § 16.1-15-02 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-02
16.1-15-02. Board of election to generate canvass reports - Location - Public may attend
Status: in_force

16.1-15-02. Board of election to generate canvass reports - Location - Public may

attend.

After the polls are closed, the inspector of elections and the judges immediately shall

generate the canvass report from the voting system. The ballots counted by the machine must

be equal in number with the names on the poll clerks' lists. If the numbers are not equal, the

pollbooks are to be rechecked to find the discrepancy. The canvass must continue without

adjournment until completed and must be open to the public. Ballots may not be removed to

another location before the canvass report is generated after the ballot boxes have been

opened. Except in unusual and compelling circumstances, the canvass shall occur at the polling

place. If good and substantial reasons exist for the removal of the ballots and election records to

another location for canvass, the removal must be approved by the election board. Upon

approval of a change of location by the election board as provided in this section, the

approximate time and location of the canvass must be prominently posted on the main entrance

to the polling place, the ballots and records must be moved in the presence of the election

board, and the canvass as provided in this chapter must proceed immediately upon arrival at

the alternate location.
N.D. Cent. Code § 16.1-16-01 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-01
16.1-16-01. Election recounts
Status: in_force

16.1-16-01. Election recounts

A recount of any primary, special, or general election for nomination or election to a

presidential, congressional, state, judicial district, multicounty district, legislative, county, or city

office, or for the approval or disapproval of any measure, question, or bond issue submitted to

the qualified electors of this state or one of its political subdivisions must be conducted

according to guidelines established by the secretary of state and as follows:

1. A recount must be conducted when:

a. Any individual failed to be nominated by the individual's party or to a no-party

office in a primary election by one percent or less of the highest vote cast for a

candidate seeking nomination from the political party for the office sought or for a

candidate for the no-party office sought.

b. Any individual failed to be elected in a general or special election by one-half of

one percent or less of the highest vote cast for a candidate for that office.

c. A question, measure, or bond issue submitted to the qualified electors has been

decided by a margin not exceeding one-fourth of one percent of the total vote

cast for and against the question at any election.

2. A demand for a recount may be made by any of the following:

a. Any individual who failed to be nominated by the individual's party or to a no-party

office in a primary election by more than one percent and less than two percent of

the highest vote cast for a candidate seeking nomination from the political party

for the office sought or for a candidate for the no-party office sought.

b. Any individual who failed to be elected in a general or special election by more

than one-half of one percent and less than two percent of the highest vote cast

for a candidate for that office.

3. A demand for a recount must be made within three days after the canvass of the votes

by the county canvassing board in the case of county elections and city elections that

are combined with the county and by the state canvassing board in the case of

presidential, congressional, state, judicial district, multicounty district, or legislative

elections. The demand must be in writing, must recite one of the conditions in

subsection 2 as a basis for the recount, must contain a bond in an amount previously

established by the auditor or auditors doing the recount sufficient to pay the cost of the

recount, and must be filed with:

a. The secretary of state when the recount is for a congressional, state, district, or

legislative office.

b. The county auditor when the recount is for a county office or city office when a

city election is combined with the county.

4. Within four days after the canvass of the votes by the state canvassing board in the

case of presidential, congressional, state, judicial district, multicounty district, or

legislative elections, the secretary of state shall notify all the county auditors to

conduct recounts as required by subsection 1 and, when a timely recount demand is

received and it is in proper form, as required by subsection 2. The secretary of state

shall fix the date or dates of the recounts of legislative contests to be held within seven

days after giving notice to the affected auditors that recounts must be conducted. The

secretary of state shall fix the date or dates of the recounts of statewide races to be

held within fourteen days after giving notice to the auditors that recounts must be

conducted. Within four days after the canvass of votes by the county canvassing board

or other political subdivision canvassing board, the county auditor or other political

subdivision election official shall fix the date for recounts limited to the county, those

cities within the county which combined the election with the county, or other political

subdivision. The date must be within eight days after the canvass. In all recount

proceedings, the county auditor or other election official, as appropriate, shall send

notice of the date, place, and time of the recount to all candidates and petitioners

involved by certified mail.

5. For recounts conducted by counties of federal, state, district, and county offices,

measures, and questions, the county auditor must conduct the recount and may

employ up to ten qualified electors of the county to assist in the recount. The county

auditor shall review all properly cast ballots and associated records. The county

auditor shall check the precinct count and the count of the county canvassing board. If

the county auditor is a candidate involved in the recount, the county auditor is

disqualified from acting thereon, and the county recorder shall perform the duties

required of the county auditor by this section. For recounts conducted by political

subdivisions other than counties of local offices, measures, and questions, the election

officer in a political subdivision shall administer a recount in the same manner as is

required under this subsection for counties with respect to political subdivision offices,

ballot measures, questions, or bond issues.

6. a. The individuals entitled to participate at the recount are:

(1) Each candidate involved in the recount, either personally or by a

representative.

(2) A qualified elector favoring each side of a question if the recount involves a

question or proposition submitted to a vote of the electorate.

b. The individuals allowed to participate may challenge the acceptance or exclusion

of any ballot. The individual challenging a ballot must state the reason for the

challenge based upon the law, and the county auditor or other political

subdivision election official shall count the challenged ballot as the auditor or

election official determines proper and then shall set the ballot aside with a

notation that it was challenged and how it was counted.

7. At the conclusion of the recount, the county auditor or other election official shall

submit all challenged ballots to the recount board for decision. Except for political

subdivision recounts other than counties, the recount board must be composed of the

state's attorney of the county, the chairman of the board of county commissioners, and

the county recorder. Unless otherwise specified by law, for a political subdivision other

than a county, the governing body of the political subdivision shall appoint the recount

board. An individual may not serve on the recount board if the individual has anything

of value bet or wagered on the result of the election, is a candidate for the office being

recounted, or is the 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 involved in the recount. If any of the

members of the recount board are disqualified or cannot serve for any other reason,

the members of the board of county commissioners or other political subdivision

governing body who would be qualified to serve on the board shall appoint

disinterested qualified electors of the county or other political subdivision to serve as

alternates. The recount board shall review all challenged ballots and on majority vote

shall decide how those ballots are counted. The decision of the recount board is final,

subject to the right to contest the election as provided in this chapter. If during the

recount a recess is called, the county auditor or other political subdivision election

official shall take appropriate steps to safeguard the ballots.

8. The county auditor or other election official shall certify the results of the recount

immediately after the recount. The recount result is the official result of the election in

the county or other political subdivision. The county auditor or other election official

shall prepare a corrected abstract of the votes. In a recount limited to the county, city,

or other political subdivision, if the corrected abstract shows no change in the outcome

of the election, no further action may be taken. If the corrected abstract changes the

outcome of the election, the county auditor or other election official shall issue

certificates of nomination or election accordingly and shall certify the new result of a

question submitted to the qualified electors. In the case of a city election that is

combined with a county election, the county auditor shall certify the new results of the

election to the city auditor who is responsible for issuing new certificates of election if

applicable.

9. In presidential, congressional, statewide, judicial district, multicounty district, or

legislative recounts, the county auditor, immediately after the recount, shall submit

electronically the corrected abstract to the secretary of state according to the

instructions provided by the secretary of state. The secretary of state immediately shall

assemble the state canvassing board, who shall canvass the corrected abstracts and

certify the election results. The secretary of state shall issue certificates of election or

nomination or record the approval or disapproval of a question submitted to the

qualified electors accordingly.

10. The expenses incurred in a recount of a county election must be paid by the county on

a warrant by the county auditor. The expenses incurred in a recount of a political

subdivision other than a county election must be paid by that political subdivision. The

expenses incurred in a recount of a city election must be paid by the city on a warrant

by the city auditor. The expenses incurred in a recount of a presidential, congressional,

state, judicial district, multicounty district, or legislative election must be paid by the

state from the general fund upon approval by the secretary of state of a statement of

expenses received from the county auditors. The expenses incurred in a recount

demanded under subsection 2 of section 16.1-16-01 must be paid by the secretary of

state or county auditor from the bond submitted by the individual requesting the

recount.

11. This section also applies to city elections that are not combined with the county except

the city auditor, to the extent applicable, shall perform the duties of the county auditor.
N.D. Cent. Code § 16.1-07-25 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-25
16.1-07-25. Federal write-in absentee ballot
Status: in_force

16.1-07-25. Federal write-in absentee ballot

A covered voter may use the federal write-in absentee ballot, in accordance with the

Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff-2], to vote for all

offices and ballot measures in a covered election.
N.D. Cent. Code § 16.1-12-02.2 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-02.2
16.1-12-02.2. Certificate of candidacy by write-in candidates
Status: in_force

16.1-12-02.2. Certificate of candidacy by write-in candidates

1. An individual who intends to be a write-in candidate for president of the United States

or for statewide or judicial district office at any election shall file a certificate of write-in

candidacy with the secretary of state by four p.m. on the twenty-first day before the

election. The certificate must contain the name and address of the candidate and be

signed by the candidate. Before the thirteenth day before the election, the secretary of

state shall certify the names of the candidates to each county auditor as write-in

candidates.

2. An individual who intends to be a write-in candidate at the general election for

president of the United States shall file a certificate of write-in candidacy with the

secretary of state by four p.m. on the twenty-first day before the general election. The

certificate must contain the names and addresses of the candidates for presidential

electors for that presidential candidate and a certification of acceptance signed by

each candidate for elector. The candidate shall sign the certificate. The certificate may

also include the name and address of a candidate for vice president of the United

States and a certification of acceptance signed by that candidate. The secretary of

state shall prescribe the form of the certificate of write-in candidacy and the

certification of acceptance. Before the thirteenth day before the election, the secretary

of state shall certify the names of the presidential candidates and the presidential

electors to each county auditor as write-in candidates.

3. An individual who intends to be a write-in candidate for any legislative district office

shall file a certificate of write-in candidacy with the secretary of state. The certificate

must contain the name, address, and signature of the candidate. Certificates must be

filed by four p.m. on the twenty-first day before the election.

4. A certificate under this section is not required when:

a. No names will appear on the ballot for an office;

b. The number of candidates appearing on the ballot for an office is less than the

number to be elected; or

c. The number of candidates appearing on the ballot for a party office is less than

the number of nominations a party is entitled to make.

5. An individual required to file a certificate of write-in candidacy may not seek more than

one office appearing on the primary and general election ballots.
N.D. Cent. Code § 16.1-07-33 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-33
16.1-07-33. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

16.1-07-33. Relation to Electronic Signatures in Global and National Commerce Act

Sections 16.1-07-18 through 16.1-07-33 modify, limit, and supersede the Electronic

Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but do not modify,

limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorized electronic

delivery of any of the notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 16.1-06-10 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-10
16.1-06-10. Voting machines authorized
Status: repealed

16.1-06-10. Voting machines authorized

Repealed by S.L. 2003, ch. 171, § 33.
N.D. Cent. Code § 16.1-14-18 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-18
16.1-14-18. Eligibility of new residents to vote
Status: repealed

16.1-14-18. Eligibility of new residents to vote

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-15-10 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-10
16.1-15-10. Failure of voting system - Counting by alternate method
Status: in_force

16.1-15-10. Failure of voting system - Counting by alternate method

If the voting system fails to operate during the ballot count at any election, the ballots must

be counted by an alternate method.
N.D. Cent. Code § 16.1-08.1-03 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03
16.1-08.1-03. Contributions statement required of political parties
Status: repealed

16.1-08.1-03. Contributions statement required of political parties

Repealed by S.L. 2017, ch. 155, §13.
N.D. Cent. Code § 16.1-11-02.3 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-02.3
16.1-11-02.3. Presidential preference contest - Rules
Status: repealed

16.1-11-02.3. Presidential preference contest - Rules

Repealed by S.L. 2003, ch. 174, § 6.
N.D. Cent. Code § 16.1-14-01 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-01
16.1-14-01. Canvassing votes for presidential electors - Tie vote
Status: in_force

16.1-14-01. Canvassing votes for presidential electors - Tie vote

The state canvassing board, in examining and making a statement of the votes for, and in

determining and certifying the individuals chosen as presidential electors, shall proceed in the

manner prescribed in this title for the canvass of votes for state officers. The secretary of state

shall file and record the statement and determination. In canvassing the returns for presidential

electors, the group of electors having the greatest number of votes is to be declared elected. If

two or more groups of electors are found to have an equal and the greatest number of votes,

the election of one group must be determined by a drawing of names, with the governor drawing

the names in the presence of the other members of the state canvassing board.
N.D. Cent. Code § 16.1-02-01 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-01
16.1-02-01. Permanent central voter file
Status: in_force

16.1-02-01. Permanent central voter file

A permanent, centralized electronic database of voters, to be known as the central voter file,

is established with the offices of the secretary of state and county auditors linked together by a

centralized statewide system. The county auditor is chief custodian of the central voter file

records in each county. The secretary of state shall maintain the central voter file and provide

training and documentation that users who have been granted access to the system shall follow.

The central voter file must be accessible by the secretary of state and all county auditors for

purposes of preventing and determining voter fraud, making changes and updates, and

generating information, including pollbooks, reports, inquiries, forms, and voter lists.
N.D. Cent. Code § 16.1-11-18 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-18
16.1-11-18. Filling vacancy occurring in endorsement or nomination by petition for party office
Status: in_force

16.1-11-18. Filling vacancy occurring in endorsement or nomination by petition for

party office.

1. If a vacancy occurs in any party certificate of endorsement at the primary election for

any state or legislative district office, the proper state or district executive committee of

the political party may fill the vacancy by filing another certificate of endorsement with

the secretary of state as provided in section 16.1-11-06.

2. If no party endorsement has been made by certificate and a vacancy occurs in a slate

of candidates seeking party nomination by petition at the primary election, the proper

state or district executive committee may fill the vacancy by filing a certificate of

endorsement with the secretary of state as provided in section 16.1-11-06.

3. If party endorsements by certificate have been made for any state or district office and

a vacancy occurs in the slate of individuals seeking nomination at the primary election

because of the unavailability of the individual who is seeking nomination by petition,

that vacancy may not be filled except by petition.

4. Vacancies to be filled according to the provisions of this section may be filled not later

than the sixty-fourth day before the election.
N.D. Cent. Code § 16.1-13-15 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-15
16.1-13-15. Notice of holding convention for special election - Manner of giving
Status: in_force

16.1-13-15. Notice of holding convention for special election - Manner of giving

Public notice of such a nominating convention must be given at least six days before the

holding of the convention by publication in the official newspaper in the county or counties in

which the election will be held. Such nomination must be made by delivering to and leaving with

the officer charged with directing the printing of the ballots upon which the name is to be placed,

within the time prescribed in this title, a certificate of nomination for each candidate.
N.D. Cent. Code § 16.1-07-29 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-29
16.1-07-29. Use of voter's electronic mail address
Status: in_force

16.1-07-29. Use of voter's electronic mail address

1. A covered voter who provides an electronic mail address to a local election official may

request that the voter's application for a military-overseas ballot be considered a

standing request for electronic delivery of a ballot for all elections held through

December thirty-first of the year following the calendar year of the date of the

application or another shorter period the voter specifies. An election official shall

provide a military-overseas ballot to a voter who makes a request for each election to

which the request is applicable. A covered voter entitled to receive a military-overseas

ballot for a primary election under this subsection also is entitled to receive a

military-overseas ballot for the general election.

2. An electronic mail address provided by a covered voter is a confidential record. An

election official may use the address only to communicate with the voter about the

voting process, including transmitting military-overseas ballots and election materials if

the voter has requested electronic transmission, and verifying the voter's mailing

address and physical location, as needed.
N.D. Cent. Code § 16.1-08.1-02.4 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-02.4
16.1-08.1-02.4. Pre-election, supplemental, and year-end campaign disclosure statement requirements for statewide political parties and certain political committees
Status: in_force

16.1-08.1-02.4. Pre-election, supplemental, and year-end campaign disclosure

statement requirements for statewide political parties and certain political committees.

1. Prior to the thirty-first day before a primary, general, or special election, a statewide

political party or a political committee not required to file statements under section

16.1-08.1-02.3 which is soliciting or accepting contributions shall file a campaign

disclosure statement that includes all contributions received and expenditures made

from January first through the fortieth day before the election. A political party that has

not endorsed or nominated a candidate in an election is not required to file a statement

under this subsection. A statement required to be filed under this subsection may be

submitted for filing beginning on the thirty-ninth day before the election. The statement

must include:

a. For each aggregated contribution from a contributor which totals in excess of two

hundred dollars received during the reporting period:

(1) The name and mailing address of the contributor;

(2) The total amount of the contribution; and

(3) The date the last contributed amount was received;

b. The total of all aggregated contributions from contributors which total in excess of

two hundred dollars during the reporting period;

c. The total of all contributions received from contributors that contributed two

hundred dollars or less each during the reporting period;

d. For each recipient of an expenditure from campaign funds in excess of two

hundred dollars in the aggregate:

(1) The name and mailing address of the recipient;

(2) The total amount of the expenditure made to the recipient; and

(3) The date the last expended amount was made to the recipient;

e. The aggregate total of all expenditures from campaign funds in excess of two

hundred dollars;

f. The aggregate total of all expenditures from campaign funds of two hundred

dollars or less; and

g. The balance of the campaign fund on the fortieth day before the election and

balance of the campaign fund on January first.

2. Beginning on the thirty-ninth day before the election through the day before the

election, a person that files a statement under subsection 1 must file a supplemental

statement within forty-eight hours of the start of the day following the receipt of a

contribution or aggregate contribution from a contributor which is in excess of five

hundred dollars. The statement must include:

a. The name and mailing address of the contributor;

b. The total amount of the contribution received during the reporting period; and

c. The date the last contributed amount was received.

3. Prior to February first, a statewide political party or a political committee that is not

required to file a statement under section 16.1-08.1-2.3 shall file a campaign

disclosure statement that includes all contributions received and expenditures made

from January first through December thirty-first of the previous year. The statement

may be submitted for filing beginning on January first. The statement must include:

a. For each aggregated contribution from a contributor which totals in excess of two

hundred dollars received during the reporting period:

(1) The name and mailing address of the contributor;

(2) The total amount of the contribution; and

(3) The date the last contributed amount was received;

b. The total of all aggregated contributions from contributors which total in excess of

two hundred dollars during the reporting period;

c. The total of all contributions received from contributors that contributed two

hundred dollars or less each during the reporting period;

d. For each recipient of an expenditure from campaign funds in excess of two

hundred dollars in the aggregate:

(1) The name and mailing address of the recipient;

(2) The total amount of the expenditure made to the recipient; and

(3) The date the last expended amount was made to the recipient;

e. The aggregate total of all expenditures from campaign funds in excess of two

hundred dollars;

f. The aggregate total of all expenditures from campaign funds of two hundred

dollars or less; and

g. The balance of the campaign fund on January first and December thirty-first.

4. A person required to file a statement under this section shall disclose each aggregated

contribution from a contributor which totals five thousand dollars or more during the

reporting period. For these contributions from individuals, the statement must include

the contributor's occupation, employer, and the employer's principal place of business.

5. Statements under this section must be filed with the secretary of state.

6. The secretary of state shall assess and collect fees for any reports filed after the filing

deadline.
N.D. Cent. Code § 16.1-15-27 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-27
16.1-15-27. Abstract of votes - Secretary of state to record - Failure of county auditor to send - Messenger dispatched
Status: in_force

16.1-15-27. Abstract of votes - Secretary of state to record - Failure of county auditor

to send - Messenger dispatched.

Upon receipt of the certified abstract of votes from the county auditors as provided in

section 16.1-15-25, the secretary of state shall record the result of the election by counties and

shall file and carefully preserve the certified abstracts received from the county auditors. If no

certified abstract is received by the secretary of state from the county auditor of any county prior

to the time specified for the meeting of the state canvassing board, the secretary of state shall

dispatch a special messenger to obtain the abstract at the expense of the county. Upon

demand, the county auditor shall make and deliver the required abstract to the special

messenger who shall deliver it to the secretary of state to be recorded and filed as provided in

this section. The messenger shall receive the same mileage expense as other state officers and

employees. The state treasurer shall present a bill for the amount audited against the county

failing to send returns as provided in this section, and the bill must be audited by the board of

county commissioners of the county and paid by the county treasurer to the state treasurer.
N.D. Cent. Code § 16.1-08.1-03.7 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.7
16.1-08.1-03.7. Political committees that organize and register according to federal law that make independent expenditures or disbursements to nonfederal candidates, political parties, and political committees
Status: in_force

16.1-08.1-03.7. Political committees that organize and register according to federal

law that make independent expenditures or disbursements to nonfederal candidates,

political parties, and political committees.

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 or to a political party or political committee in this

state shall file a copy of that portion of the committee's federal report detailing the independent

expenditure or the disbursement made. The political committee shall file a copy of the

committee's federal report, and supplementary information as necessary under this section, with

the secretary of state at the time of filing the report with the applicable federal agency. The

report and supplementary information must include:

1. The name, mailing address, and treasurer of the political committee;

2. The recipient's name and mailing address;

3. The date and amount of the independent expenditure or disbursement; and

4. The ultimate and true source of funds listed by contributor and subcontributor of any

amount over two hundred dollars collected or used to make the independent

expenditure or disbursement including:

a. The name and address of the contributor;

b. The total amount of the contribution; and

c. The date the last contribution was received.
N.D. Cent. Code § 16.1-11-14 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-14
16.1-11-14. Application by other persons to place name on ballot - Petition - Affidavit
Status: repealed

16.1-11-14. Application by other persons to place name on ballot - Petition - Affidavit

Repealed by S.L. 1995, ch. 207, § 20.
N.D. Cent. Code § 16.1-07-28 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-28
16.1-07-28. Confirmation of receipt of application and voted ballot
Status: in_force

16.1-07-28. Confirmation of receipt of application and voted ballot

The secretary of state, in coordination with local election officials, shall implement an

electronic free-access system by which a covered voter may determine by telephone, electronic

mail, or internet access whether:

1. The voter's military-overseas ballot application has been received and accepted; and

2. The voter's military-overseas ballot has been received and the current status of the

ballot.
N.D. Cent. Code § 16.1-15-01 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-01
16.1-15-01. Ballots void and not counted - Part of ballot may be counted
Status: in_force

16.1-15-01. Ballots void and not counted - Part of ballot may be counted

1. In the canvass of the votes at any election, a ballot is void and may not be counted if:

a. It is not endorsed with the initials as provided in this title; or

b. It is impossible to determine the elector's choice from the ballot or parts of a

ballot, and in the case of voting systems, based upon the criteria established by

the secretary of state for determining what constitutes a vote under section

16.1-06-26.

2. With the exception that a voter must, for paper ballots, darken the oval next to the

preprinted name of a candidate or the name of a write-in candidate written on the

ballot, if a ballot is marked so only a part of the voter's intention can be determined, the

election judges shall count such part. If an elector votes for more than the number of

persons to be elected to any office, the elector's ballot may be invalidated only insofar

as the elector's vote for such office is concerned, and the balance of the elector's

ballot, if otherwise proper, may not be invalidated. However, at primary elections only,

a party ballot is void if the elector votes for candidates of more than one party.
N.D. Cent. Code § 16.1-15-35 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-35
16.1-15-35. Meeting of state canvassing board
Status: in_force

16.1-15-35. Meeting of state canvassing board

Not later than seventeen days next following a primary, general, or special election, the

state canvassing board shall meet at the office of the secretary of state for the purpose of

canvassing and ascertaining the result of the election. The secretary of state shall notify the

members of the board of the date and time of the meeting.
N.D. Cent. Code § 16.1-11-39 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-39
16.1-11-39. Individuals nominated in accordance with provisions of chapter eligible as candidates in general election
Status: in_force

16.1-11-39. Individuals nominated in accordance with provisions of chapter eligible as

candidates in general election.

1. All individuals nominated in accordance with this chapter are eligible as candidates to

be voted for at the ensuing general election, except as provided in this section.

2. Upon receipt of the documents filed by each candidate, the filing officer immediately

shall complete a thorough review of the documents and notify the candidate of any

necessary corrections that must be made before four p.m. on the sixty-fourth day

before the primary election. The filing officer may not place a candidate's name on the

primary election ballot if the filed documents are insufficient and remain uncorrected.

3. If the filing officer discovers, after four p.m. on the sixty-fourth day before the primary

election, an insufficiency in the certificate of endorsement or petition or affidavit of

candidacy filed by a candidate, the candidate may not be deemed nominated until the

insufficiency is corrected. Upon discovery of the insufficiency, the filing officer

immediately shall notify the candidate in writing of the necessary corrections. The

candidate shall file the necessary corrections as soon as practicable, but not later than

four p.m. on the sixty-fourth day before the general election.
N.D. Cent. Code § 16.1-13-27 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-27
16.1-13-27. Assistance to elector - Polling place accessibility
Status: in_force

16.1-13-27. Assistance to elector - Polling place accessibility

Any elector may receive the assistance of any individual of the elector's choice, other than

the elector's employer, officer or agent of the elector's union, a candidate running in that

election, or a relative of a candidate as provided in subsection 2 of section 16.1-05-02, in

marking the elector's ballot. If the elector requests the assistance of a member of the election

board, the elector shall receive the assistance of both election judges in the marking of the

elector's ballot. An individual assisting any elector in marking a ballot under this chapter may not

give information regarding the ballot. An elector, other than one who requests assistance, may

not divulge to anyone within the polling place the name of any candidate for whom the elector

intends to vote, nor ask, nor receive the assistance of any individual within the polling place to

mark the elector's ballot. Parking facilities at polling places must be accessible to individuals

living with physical disabilities and the elderly, and must be clearly marked.
N.D. Cent. Code § 16.1-06-17 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-17
16.1-06-17. County auditor to provide ballots and other voting system supplies
Status: in_force

16.1-06-17. County auditor to provide ballots and other voting system supplies

At the same time as other election supplies are provided and distributed, the county auditor

shall provide:

1. A sufficient number of voting system devices and ballots.

2. One facsimile diagram of the entire face of the voting system devices as the devices

will appear while the polls are open.

3. Appropriate instruction material for the use of the voting system devices.

4. All other materials required to carry out the election process through the use of the

voting system.
N.D. Cent. Code § 16.1-15-13 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-13
16.1-15-13. County recorder to keep ballots - Exception - Use of ballots as evidence
Status: in_force

16.1-15-13. County recorder to keep ballots - Exception - Use of ballots as evidence

Immediately upon receiving the ballots as provided in section 16.1-15-08, the county

recorder shall give a receipt to the election judges and shall place the ballots in boxes that are

securely locked. The boxes must be placed in a fireproof vault and must be kept securely for

forty-five days if the ballots do not contain federal offices and twenty-two months if the ballots

contain federal offices. The ballots may not be opened nor inspected, except upon court order in

a contested election, when it is necessary to produce them at a trial for any offense committed

at an election, or to permit election officials to complete their duties. Either forty-five days or

twenty-two months after the election dependent upon the retention schedule outlined in this

section, upon determination by the county recorder that no contest is pending, the ballots must

be destroyed. If any contest of the election of any officer voted for at the election or a

prosecution under the provisions of this title is pending at the expiration of the time, the ballots

may not be destroyed until the contest or prosecution is finally determined. The ballots returned

to the county recorder as provided in this section must be received in evidence without

introducing further foundation.
N.D. Cent. Code § 16.1-14-04 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-04
16.1-14-04. Meeting of presidential electors
Status: in_force

16.1-14-04. Meeting of presidential electors

Presidential electors shall meet at one p.m. in the office of the governor in the state capitol

on the first Tuesday after the second Wednesday in December next following their appointments

by election for the purpose of casting their ballots as members of the electoral college. The

secretary of state shall notify the electors of the date of the meeting.
N.D. Cent. Code § 16.1-15-43 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-43
16.1-15-43. When special election ordered
Status: in_force

16.1-15-43. When special election ordered

If a certificate of election cannot be issued for a judicial district office or a state office

because any two or more individuals have equal and the highest number of votes, the governor,

by proclamation, shall order a new election.
N.D. Cent. Code § 16.1-05-04 — ND Code / Title 16.1 / Chapter 16.1-05 / Section 16.1-05-04
16.1-05-04. Duties of the members of the election board during polling hours
Status: in_force

16.1-05-04. Duties of the members of the election board during polling hours

1. The election inspector shall supervise the conduct of the election to ensure all election

officials are properly performing their duties at the polling place. The election inspector

shall assign duties so as to equally and fairly include both parties represented on the

election board.

2. The election inspector shall assign ministerial duties to poll clerks, who shall carry out

the ministerial duties assigned by the election inspector.

3. The election inspector shall assign the poll clerks to perform the function of

maintaining the pollbook. The designated poll clerks shall maintain the pollbook. The

pollbook must contain the name and address of each individual voting at the precinct

and must be arranged in the form and manner prescribed by the secretary of state.

4. At least one election inspector and two election judges from the election board must

be present on the premises of the polling place during the time the polls are open to

prevent the occurrence of fraud, deceit, or other irregularity in the conduct of the

election.

5. All members of the election board shall distribute ballots and other election materials

to electors. An election judge from each party represented on the election board shall

give any assistance requested by electors in marking ballots or operating voting

system devices.

6. Each member of the election board shall maintain order in the polling place.
N.D. Cent. Code § 16.1-13-08 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-08
16.1-13-08. Filling vacancy in office of United States senator
Status: in_force

16.1-13-08. Filling vacancy in office of United States senator

When a vacancy occurs in the office of United States senator from this state, the governor

shall call a special election to be held within ninety-five days to fill the vacancy. If the vacancy

occurs within ninety-five days of the expiration of the term of office for that office, no election

may be held to fill the vacancy.
N.D. Cent. Code § 16.1-16-08 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-08
16.1-16-08. Judgment in election contest action
Status: in_force

16.1-16-08. Judgment in election contest action

1. The judge in an election contest action shall pronounce judgment on which candidate

was elected or nominated and whether any question or proposition was approved or

rejected.

2. The appropriate officer shall issue a certificate to the person declared elected or

nominated in accordance with the judgment. Any certificate of nomination or election

previously issued that is in conflict with the judgment is annulled by the court's

judgment.

3. If the court declares that the election resulted in a tie, the election must be determined

by law.

4. If the court declares that no one was elected or nominated and sets aside the election,

the office must be deemed vacant and any certificate of election or nomination

previously issued is annulled. The vacancy must be filled according to law. This

subsection does not apply if an incumbent is in office and is entitled to serve until a

successor is duly elected and qualified, in which event the incumbent may only be

removed by impeachment.

5. In the discretion of the court, court costs may be awarded on the following bases:

a. If the contest action is dismissed for insufficient evidence or want of prosecution,

or if the court confirms the election results, judgment for costs must be for the

contestee and against the contestant.

b. If an election is annulled for errors or malfeasance of any election official during

any part of the election procedure, the costs must be a charge against the state

or political subdivision in which the election was held.

c. When an election is annulled on any other ground or when the contestant is

declared elected, judgment for costs must be for the contestant and against the

contestee.

6. Nothing in this chapter may be construed to authorize a nomination or election to be

set aside because of illegal votes unless either of the following is shown, that:

a. The contestee had knowledge of or connived in the illegal votes.

b. If the number of illegal votes is taken from the contestee, it would reduce the

number of the contestee's legal votes below the number of votes cast for some

other person for the same nomination or election, after deducting any illegal votes

from the other person.
N.D. Cent. Code § 16.1-13-23 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-23
16.1-13-23. Preparation of ballot by elector - Depositing - Second-chance voting
Status: in_force

16.1-13-23. Preparation of ballot by elector - Depositing - Second-chance voting

Upon receipt of a ballot within the provided secrecy sleeve, the elector, without leaving the

polling place, shall retire alone to one of the voting booths or compartments to prepare the

elector's ballot by darkening the oval opposite the name of each individual for whom the elector

wishes to vote. In the case of a ballot containing a constitutional amendment, an initiated or

referred measure, or any other question to be submitted to a vote of the people, the elector shall

darken the oval opposite the word or words expressing the elector's wish. After preparing the

ballot, the elector shall place the ballot back in the provided secrecy sleeve so the ballot is

concealed and so the initials of the inspector or election judge may be seen. The elector then

shall deposit the ballot in the optical scanning device and wait to determine if the ballot is

deposited into the ballot box or if the optical scanning device has indicated a possibility for a

second-chance voting condition. If a second-chance voting condition is indicated, a voter may

spoil and receive up to two additional ballots. The voter's third ballot must be cast as is and may

not be returned to the voter even if errors exist causing certain votes not to be counted.
N.D. Cent. Code § 16.1-08.1-03.4 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.4
16.1-08.1-03.4. Person not excused from testifying as to violation - Prosecution or penalty waived upon testifying
Status: in_force

16.1-08.1-03.4. Person not excused from testifying as to violation - Prosecution or

penalty waived upon testifying.

No person may be excused from attending and testifying or producing any books, papers,

or other documents before any court upon any investigation, proceeding, or trial for a violation of

any of the provisions of this chapter, upon the grounds that the testimony or evidence,

documentary or otherwise, required of the person may tend to incriminate or degrade the

person. No person may be prosecuted nor subjected to any penalty or forfeiture for or on

account of any transaction, matter, or thing concerning which the person may testify or produce

evidence, documentary or otherwise, and no testimony so given or produced may be used

against the person in any criminal investigation or proceeding.
N.D. Cent. Code § 16.1-16-02 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-02
16.1-16-02. Who may contest election
Status: in_force

16.1-16-02. Who may contest election

A defeated candidate or ten qualified electors may contest the nomination or election of any

person or the approval or rejection of any question or proposition submitted to a vote of the

electorate, pursuant to this title. In a county election to change the county seat or to change the

boundaries of the county, the complaint must be filed against the board of county

commissioners, which shall appear and defend the contest action.
N.D. Cent. Code § 16.1-05-01 — ND Code / Title 16.1 / Chapter 16.1-05 / Section 16.1-05-01
16.1-05-01. Election officers
Status: in_force

16.1-05-01. Election officers

At each primary, general, and special statewide or legislative district election, and at county

elections, each polling place must have an election board in attendance. The election board

must consist of an election inspector and at least two election judges. Counties utilizing polling

places containing more than one precinct may choose to use one election board to supervise all

precincts even if the precincts are within different legislative districts so long as each district

chairman of each qualified political party is given the opportunity to have representation on the

election board if desired. Appointing part-time election inspectors, judges, and poll clerks is

permitted if there is sufficient coverage at each polling place to satisfy the requirements of

subsection 4 of section 16.1-05-04.

1. The election inspector must be selected in the following manner:

a. Except as provided in subdivision b, in all precincts established by the governing

body of an incorporated city pursuant to chapter 16.1-04, the governing body

shall appoint the election inspectors for those precincts and fill all vacancies

occurring in those offices.

b. In all multiprecinct polling places containing both rural and city precincts, the

county auditor, with the approval of the majority of the board of county

commissioners, shall appoint the election inspectors and fill all vacancies

occurring in those offices. The selection must be made on the basis of the

inspector's knowledge of the election procedure.

c. The election inspector shall serve until a successor is named. If an inspector fails

to appear for any training session without excuse, the office is deemed vacant

and the auditor shall appoint an individual to fill the vacancy.

d. All appointments required to be made under this section must be made at least

forty days preceding an election.

2. The election judges must be appointed in the following manner:

a. Except as provided in subdivision b:

(1) The election judges for each polling place must be appointed in writing by

the district chairs representing the two parties that cast the largest number

of votes in the state at the last general election. In polling places in which

over one thousand votes are cast in any election, the county auditor may

request each district party chair to appoint an additional election judge.

(2) The district party chair shall notify the county auditor of the counties in which

the precincts are located of the appointment of the election judges at least

forty days before the primary, general, or special election. If this notice is not

received within the time specified in this section, the county auditor shall

appoint the judges and provide notice of the appointment to the district party

chair. If the county auditor has exhausted all practicable means to select

judges from within the boundaries of the precincts within the polling place

and vacancies still remain, the county auditor may select election judges

who reside outside of the voting precinct but who reside within the polling

place's legislative districts. If vacancies still remain, the county auditor may

select election judges who reside outside of the legislative districts but who

reside within the county.

b. For special elections involving only no-party offices, the election official

responsible for the administration of the election, with the approval of the majority

of the members of the applicable governing body, shall appoint the election

judges for each polling place.

3. If at any time before or during an election, it appears to a county auditor that any

election judge is disqualified under this chapter, the auditor shall order the election

inspector to remove that judge at once and fill the vacancy by appointing a qualified

individual of the same political party as that of the judge removed. If the disqualified

judge had taken the oath of office as prescribed in this chapter, the inspector shall

place the oath or affidavit before the state's attorney of the county.

4. The election official responsible for the administration of the election, with the approval

of the majority of the members of the applicable governing body, shall appoint the poll

clerks for each polling place. At least two poll clerks must be appointed for each polling

place. Poll clerks must be appointed based on their knowledge of election matters,

attention to detail, and any necessary technical knowledge.
N.D. Cent. Code § 16.1-07-06 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-06
16.1-07-06. Application form
Status: in_force

16.1-07-06. Application form

1. Application for an absent voter's or mail ballot must be made on a form, prescribed by

the secretary of state, to be furnished by the proper officer of the county, city, or school

district in which the applicant is an elector, or any form, approved by the secretary of

state, containing the following:

a. The applicant's name.

b. The applicant's current or most recent North Dakota residential address.

c. The applicant's mailing address.

d. The applicant's current contact telephone number, if available.

e. The election for which the ballot is being requested.

f. The date of the request.

g. An affirmation that the applicant has resided, or will reside, in the precinct for at

least thirty days next preceding the election and will be a qualified elector of the

precinct.

h. The applicant's signature, a notification the signature on this affidavit will be

compared to the signature on the affidavit on the envelope in which the absentee

ballot must be placed.

i. The designation of the individual's status as a citizen of this country and resident

of this state living outside the United States, a uniformed service member living

away from the individual's North Dakota residence, or an immediate family

member of the uniformed service member living away from the individual's North

Dakota residence.

j. The applicant's date of birth.

k. The identification number from one of the applicant's valid forms of identification,

a copy of the applicant's long-term care certificate, and, if necessary, a copy of

the applicant's supplemental identification under section 16.1-01-04.1.

2. If the applicant is unable to sign the applicant's name to the application, the applicant

shall mark (X) or use the applicant's signature stamp on the application in the

presence of a disinterested individual. The disinterested individual shall print the name

of the individual marking the X or using the signature stamp below the X or signature

stamp and shall sign the disinterested individual's own name following the printed

name together with the notation "witness to the mark".

3. If the applicant does not possess or cannot secure an approved form of identification

as provided for under section 16.1-01-04.1 due to a disability with which the individual

lives and which prevents the individual from traveling to obtain, the application also

must be signed by another qualified elector who, by signing, certifies that the applicant

is a qualified elector. The secretary of state shall prescribe the form of the certification

required under this subsection. An individual may not certify the qualifications of more

than four applicants in an election.

4. The application must include the following additional information if the individual

desires to access the ballot by electronic means:

a. Facsimile telephone number; or

b. Electronic mail address.

5. An incomplete application must be returned to the applicant for completion and

resubmission.

6. Except for the applicant's date of birth, identification card number, and any

supplemental documentation provided under section 16.1-01-04.1, the application is

an open record under section 44-04-18.
N.D. Cent. Code § 16.1-15-47 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-47
16.1-15-47. Certificate of election to member of Congress - Signing - Delivering
Status: in_force

16.1-15-47. Certificate of election to member of Congress - Signing - Delivering

The certificate of election to a member of Congress must be signed by the governor with the

great seal affixed and must be countersigned by the secretary of state. The governor shall

cause the certificate to be delivered to the individual elected.
N.D. Cent. Code § 16.1-14-21 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-21
16.1-14-21. Mailing duplicate application
Status: repealed

16.1-14-21. Mailing duplicate application

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-13-34 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-34
16.1-13-34. Voters casting ballots after regular poll closings - Provisional ballots
Status: in_force

16.1-13-34. Voters casting ballots after regular poll closings - Provisional ballots

An individual who votes after the regular poll closing time in an election in which a federal

office appears as a result of a federal or state court order or any other order extending the time

established for closing the polls under state law in effect ten days before the date of that

election may only vote in that election by casting a provisional ballot. The ballot must be marked

as a provisional ballot and must be separated and held apart from other ballots cast by those

not affected by the order. The secretary of state shall approve the form of any provisional ballot

and may prescribe any procedures the secretary of state determines to be necessary to

facilitate the casting, secrecy, and counting of provisional ballots.
N.D. Cent. Code § 16.1-10-04.2 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-04.2
16.1-10-04.2. Use of artificial intelligence - Disclosure - Exception - Definition
Status: in_force

16.1-10-04.2. Use of artificial intelligence - Disclosure - Exception - Definition

1. Any action taken for a political purpose, including communication and 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, containing images, graphics, videos, audio, text, or other digital

content created in whole or in part with the use of artificial intelligence to visually or

audibly impersonate a human, prominently must state the following disclaimer: "THIS

CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE."

2. This section does not apply to content solely using artificial intelligence for text

generation, grammar correction, spelling checks, stylistic editing, or enhancing existing

content without creating a new impersonation of human likeness or voice.

3. For purposes of this section, "artificial intelligence" means a machine-based system

capable of creating images, graphics, videos, audio, text, and other digital content

based on human-defined objectives or data patterns. The term does not include

systems that are explicitly programmed with rules or tools solely designed to assist

with grammar, spelling, or word suggestions without generating human likeness or

voice.
N.D. Cent. Code § 16.1-11-37 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-37
16.1-11-37. Vote required for nomination on no-party ballot - Partisan nominations prohibited
Status: in_force

16.1-11-37. Vote required for nomination on no-party ballot - Partisan nominations

prohibited.

The number of individuals to be nominated as candidates for any one no-party office is the

number of individuals who receive the highest number of votes and who total twice the number

of available positions for the office if that many individuals are candidates for nomination.

However, an individual may not be deemed nominated as a candidate for any no-party office at

any primary election unless the number of votes received by the individual is no less than the

number of signatures of qualified electors required to be obtained on a petition to have a

candidate's name for the office placed on the primary ballot. Partisan nominations may not be

made for any of the offices mentioned in section 16.1-11-08.
N.D. Cent. Code § 16.1-06-22 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-22
16.1-06-22. County to provide ballot boxes
Status: in_force

16.1-06-22. County to provide ballot boxes

The board of county commissioners, at the expense of the county, shall provide suitable

ballot boxes for each election polling place in the county.
N.D. Cent. Code § 16.1-11-31 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-31
16.1-11-31. Precinct election reports
Status: in_force

16.1-11-31. Precinct election reports

Vote tabulation machines must print reports detailing the election results from the precinct

after the close of the polls.
N.D. Cent. Code § 16.1-10-03 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-03
16.1-10-03. Political badge, button, or insignia at elections
Status: in_force

16.1-10-03. Political badge, button, or insignia at elections

No individual may buy, sell, give, or provide any political badge, button, or any insignia

within a polling place or within one hundred feet [30.48 meters] from the entrance to the room

containing the polling place while it is open for voting. No such political badge, button, or

insignia may be worn within that same area while a polling place is open for voting.
N.D. Cent. Code § 16.1-13-33 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-33
16.1-13-33. Electronic voting systems - Election laws apply
Status: in_force

16.1-13-33. Electronic voting systems - Election laws apply

All provisions of law relating to the conduct of elections apply as closely as possible to

elections at which electronic voting systems are used.
N.D. Cent. Code § 16.1-13-40 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-40
16.1-13-40. Delivery of presidential elector ballot to applicant
Status: in_force

16.1-13-40. Delivery of presidential elector ballot to applicant

If the county auditor is satisfied the application is proper and the applicant is qualified to

vote at the presidential election, the county auditor shall deliver a ballot for presidential electors

to the applicant no sooner than thirty days nor later than one day before the next presidential

election.
N.D. Cent. Code § 16.1-11-02.2 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-02.2
16.1-11-02.2. Presidential preference contest - Requirements
Status: in_force

16.1-11-02.2. Presidential preference contest - Requirements

Expired under S.L. 1995, ch. 209, § 13.
N.D. Cent. Code § 16.1-08.1-01 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-01
16.1-08.1-01. Definitions
Status: in_force

16.1-08.1-01. Definitions

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

1. "Affiliate" means an organization that controls, is controlled by, or is under common

control with another organization. For purposes of this definition, control means the

possession, direct or indirect, of the power to direct or cause the direction of the

management and policies of an organization, whether through the ownership of voting

securities, by contract other than a commercial contract for goods or nonmanagement

services, or otherwise. Control is presumed to exist if an organization, directly or

indirectly, owns, controls, holds with the power to vote, or holds proxies representing

fifty percent or more of the voting securities of any other organization.

2. "Association" means any club, association, union, brotherhood, fraternity, organization,

or group of any kind of two or more persons, including labor unions, trade

associations, professional associations, or governmental associations, which is united

for any purpose, business, or object and which assesses any dues, membership fees,

or license fees in any amount, or which maintains a treasury fund in any amount. The

term does not include corporations, cooperative corporations, limited liability

companies, political committees, or political parties.

3. "Conduit" means a person that is not a political party, political committee, or candidate

and which receives a contribution of money and transfers the contribution to a

candidate, political party, or political committee when the contribution is designated

specifically for the candidate, political party, or political committee and the person has

no discretion as to the recipient and the amount transferred. The term includes a

transactional intermediary, including a credit card company or a money transfer service

that pays or transfers money to a candidate on behalf of another person.

4. "Contribution" means a gift, transfer, conveyance, provision, receipt, subscription, loan,

advance, deposit of money, or anything of value, made for the purpose of influencing

the nomination for election, or election, of any person to public office or aiding or

opposing the circulation or passage of a statewide initiative or referendum petition or

measure. The term also means a contract, promise, or agreement, express or implied,

whether or not legally enforceable, to make a contribution for any of the above

purposes. The term includes funds received by a candidate for public office or a

political party or committee which are transferred or signed over to that candidate,

party, or committee from another candidate, party, or political committee or other

source including a conduit. The term "anything of value" includes any good or service

of more than a nominal value. The term "nominal value" means the cost, price, or

worth of the good or service is trivial, token, or of no appreciable value. The term

"contribution" does not include:

a. A loan of money from a bank or other lending institution made in the regular

course of business.

b. Time spent by volunteer campaign or political party workers.

c. Money or anything of value received for commercial transactions, including rents,

advertising, or sponsorships made as a part of a fair market value bargained-for

exchange.

d. Money or anything of value received for anything other than a political purpose.

e. Products or services for which the actual cost or fair market value are reimbursed

by a payment of money.

f. An independent expenditure.

g. The value of advertising paid by a political party, multicandidate political

committee, or caucus which is in support of a candidate.

h. In-kind contributions from a candidate to the candidate's campaign.

5. "Cooperative corporations", "corporations", and "limited liability companies" are as

defined in this code, and for purposes of this chapter "corporations" includes nonprofit

corporations. However, if a political committee, the only purpose of which is accepting

contributions and making expenditures for a political purpose, incorporates for liability

purposes only, the committee is not considered a corporation for the purposes of this

chapter.

6. "Expenditure" means:

a. A gift, transfer, conveyance, provision, loan, advance, payment, distribution,

disbursement, outlay, or deposit of money or anything of value, except a loan of

money from a bank or other lending institution made in the regular course of

business, made for a political purpose or for the purpose of influencing the

passage or defeat of a measure.

b. A contract, promise, or agreement, express or implied, whether or not legally

enforceable, to make any expenditure.

c. The transfer of funds by a political committee to another political committee.

d. An independent expenditure.

7. "Expenditure categories" means the categories into which expenditures must be

grouped for reports under this chapter. The expenditure categories are:

a. Advertising;

b. Campaign loan repayment;

c. Operations;

d. Travel; and

e. Miscellaneous.

8. "Independent expenditure" means an expenditure made for a political purpose or for

the purpose of influencing the passage or defeat of a measure if the expenditure is

made without the express or implied consent, authorization, or cooperation of, and not

in concert with or at the request or suggestion of, any candidate, committee, or political

party.

9. "Patron" means a person who owns equity interest in the form of stock, shares, or

membership or maintains similar financial rights in a cooperative corporation.

10. "Person" means an individual, partnership, political committee, association,

corporation, cooperative corporation, limited liability company, or other organization or

group of persons.

11. "Personal benefit" means a benefit to the candidate or another person which is not for

a political purpose or related to a candidate's responsibilities as a public officeholder,

and any other benefit that would convert a contribution to personal income.

12. "Political committee" means any committee, club, association, or other group of

persons which receives contributions or makes expenditures for political purposes and

includes:

a. A political action committee not connected to another organization and free to

solicit funds from the general public, or derived from a corporation, cooperative

corporation, limited liability company, affiliate, subsidiary, or an association that

solicits or receives contributions from its employees or members or makes

expenditures for political purposes on behalf of its employees or members;

b. A candidate committee established to support an individual candidate seeking

public office which solicits or receives contributions for political purposes;

c. A political organization registered with the federal election commission, which

solicits or receives contributions or makes expenditures for political purposes;

d. A multicandidate political committee, including a caucus, established to support

multiple groups or slates of candidates seeking public office, which solicits or

receives contributions for political purposes; and

e. A measure committee, including an initiative or referendum sponsoring committee

at any stage of its organization, which solicits or receives contributions or makes

expenditures for the purpose of aiding or opposing a measure sought to be voted

upon by the voters of the state, including any activities undertaken for the

purpose of drafting an initiative or referendum petition, seeking approval of the

secretary of state for the circulation of a petition, or seeking approval of the

submitted petitions.

13. "Political party" means any association, committee, or organization which nominates a

candidate for election to any office which may be filled by a vote of the electors of this

state or any of its political subdivisions and whose name appears on the election ballot

as the candidate of such association, committee, or organization.

14. "Political purpose" means any activity undertaken in support of or in opposition to 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 a duty of a public office or any position taken in any bona fide news

story, commentary, or editorial.

15. "Public office" means every office to which an individual can be elected by vote of the

people under the laws of this state.

16. "Subsidiary" means an affiliate of a corporation under the control of the corporation

directly or indirectly through one or more intermediaries.

17. "Ultimate and true source" means the person that knowingly contributed over two

hundred dollars solely to influence a statewide election or an election for the legislative

assembly.
N.D. Cent. Code § 16.1-02-07 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-07
16.1-02-07. Reporting changes of names - Changes to records in the central voter file
Status: in_force

16.1-02-07. Reporting changes of names - Changes to records in the central voter file

The state court administrator 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 divorce or any order or decree of

the court since the last report. Any individual who has obtained a civil protection order under

chapter 14-07.7 must be listed in the central voter file with a "secured active" designation. A

"secured active" designation means a record maintained as an active voter for pollbook

purposes, but otherwise is an exempt record. The state court administrator or the bureau of

criminal investigation shall make available upon request of the secretary of state the name of

each individual who has obtained such an order.
N.D. Cent. Code § 16.1-01-13 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-13
16.1-01-13. Term limits for United States senators and representatives in Congress
Status: in_force

16.1-01-13. Term limits for United States senators and representatives in Congress

A person is permanently 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.
N.D. Cent. Code § 16.1-02-13 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-13
16.1-02-13. Information contained in pollbooks generated from the central voter file
Status: in_force

16.1-02-13. Information contained in pollbooks generated from the central voter file

The county auditor shall generate a pollbook for each precinct in the county from the central

voter file by the day before an election. With the exception of a record designated "secured

active" and the voter's birth date and driver's license or nondriver identification card number

issued by the department of transportation, which are exempt records, the precinct pollbooks

are open records under section 44-04-18. When providing access to or a copy of a pollbook, the

election official administering the election shall redact from the pollbook any voter records

designated as secured active along with the voter's date of birth and identification numbers

listed on the paper pollbook used in an election. If an electronic pollbook is used, the election

official, upon request for a copy of the pollbook, shall generate a list including the allowable

information detailed in this section for the individuals who voted in the election. The list provided

from an electronic pollbook may be requested by precinct or county. The secretary of state shall

prescribe procedures for generating pollbooks and for transporting the pollbooks to the poll

clerks for use on election day. Electronic pollbooks may have a secure connection from the

polling place to the data maintained in the central voter file to ensure the integrity of the election.

Each pollbook generated from the central voter file must contain the following information for

each individual contained in the pollbook:

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

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

resides. A ballot-style code identifying this information may be used in place of the

information required by this subsection.

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

necessary by the secretary of state for the proper administration of the pollbook.
N.D. Cent. Code § 16.1-11-32 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-32
16.1-11-32. Poll lists kept by clerks of elections
Status: in_force

16.1-11-32. Poll lists kept by clerks of elections

The clerks of primary elections shall keep either one paper or one electronic list of the

names of all individuals voting at each primary election. The clerks must return the list, which

must be a part of the records and filed with other election returns. Only one complete list of

voters may be kept whether or not a special election is held simultaneously with the primary

election.
N.D. Cent. Code § 16.1-05-08 — ND Code / Title 16.1 / Chapter 16.1-05 / Section 16.1-05-08
16.1-05-08. County auditor to provide election board members with precinct maps or precinct finder
Status: in_force

16.1-05-08. County auditor to provide election board members with precinct maps or

precinct finder.

The county auditor shall provide each precinct election board with an accurate precinct map

or precinct finder to assist the election board member in determining whether an address is

located in that precinct and for determining which precinct and polling place to which to direct an

individual who may be attempting to vote incorrectly in that precinct.
N.D. Cent. Code § 16.1-13-30 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-30
16.1-13-30. One individual to occupy booth - Time limit in booth
Status: in_force

16.1-13-30. One individual to occupy booth - Time limit in booth

No more than one individual may be permitted to occupy any one voting booth or

compartment at one time except when providing lawful assistance. An individual may not remain

in or occupy a booth or compartment longer than necessary to prepare the individual's ballot.
N.D. Cent. Code § 16.1-07-09 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-09
16.1-07-09. Canvassing of mailed absent voter's ballot received late
Status: in_force

16.1-07-09. Canvassing of mailed absent voter's ballot received late

1. In congressional, state, county, city, or school district elections, an envelope containing

an absent voter's ballot must be received by the officer before the close of polls on

election day. An absent voter's ballot received after the close of polls on election day

must be forwarded to the canvassing board of the county, the governing body of the

city, or the school board of the school district, as the case may be, at the time the

returns are canvassed.

2. Before forwarding a ballot to the canvassing board under this section, the officer

forwarding the ballot shall print the date and time of receipt on the envelope. An absent

voter may personally deliver the absent voter's ballot to the appropriate officer's office

at any time before the close of polls on election day. Any envelope containing an

absent voter's ballot received after the close of polls on election day may not be tallied

with the ballots timely submitted for the election. Upon receipt, the canvassing board

shall determine that the elector was qualified to vote in that precinct, that the elector

did not previously vote in that precinct on the date of the election, and that the

signatures on the absentee ballot application and the voter's affidavit were signed by

the same individual before allowing the ballot to be tallied.
N.D. Cent. Code § 16.1-13-31 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-31
16.1-13-31. Removal of ballot from polling place before closing of polls - Prohibited
Status: in_force

16.1-13-31. Removal of ballot from polling place before closing of polls - Prohibited

An individual may not take or remove any ballot from the polling place before the close of

the polls.
N.D. Cent. Code § 16.1-06-01 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-01
16.1-06-01. Ballots furnished at public expense - Exceptions
Status: in_force

16.1-06-01. Ballots furnished at public expense - Exceptions

Except for local elections, election ballots must be printed and distributed at county

expense. For a local election, the expense must be a charge against the local subdivision in

which the election is held. For the purpose of this chapter, local elections include elections in

townships, school districts, cities, and park districts.
N.D. Cent. Code § 16.1-06-05 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-05
16.1-06-05. Form of general election ballot
Status: in_force

16.1-06-05. Form of general election ballot

The official ballots provided for in this title for partisan election at general elections must be

prepared as follows:

1. The ballots must be of sufficient length and width to contain a continuous listing of the

designation of all the offices to be voted for.

2. On the top left-hand side of such ballot must begin a continuous listing of the

designation of each office to be voted for, and under the designation of each office all

of the names of the candidates duly nominated for that office must be printed.

3. The names of candidates nominated for each office must appear under the

designation of that office, and under each candidate's name must appear, in smaller

type, the appropriate party designation for each candidate. If a candidate has been

nominated by petition, the designation under that candidate's name, in smaller type,

must be "independent nomination".

4. The names of candidates under the designation of each office must be alternated in

the printing of the official ballot in the same manner as is provided for the primary

election ballot.

5. The size of type must be as specified by the secretary of state.

The list of offices and candidates and the statements of measures and questions to be

submitted to the voters must be arranged on the ballot in a manner and form approximating as

far as possible the requirements of this section.
N.D. Cent. Code § 16.1-14.1-05 — ND Code / Title 16.1 / Chapter 16.1-14.1 / Section 16.1-14.1-05
16.1-14.1-05. Presiding officer - Elector vacancy
Status: in_force

16.1-14.1-05. Presiding officer - Elector vacancy

1. The governor shall preside at the meeting of electors described in section

16.1-14.1-06.

2. The position of an elector not present to vote is vacant. The secretary of state shall

appoint an individual as a substitute elector to fill a vacancy as follows:

a. If the alternate elector is present to vote, by appointing the alternate elector for

the vacant position;

b. If the alternate elector for the vacant position is not present to vote, by appointing

an elector chosen by lot from among the alternate electors present to vote who

were nominated by the same political party;

c. If the number of alternate electors present to vote is insufficient to fill any vacant

position pursuant to subdivisions a and b, by appointing any immediately

available individual who is qualified to serve as an elector and chosen through

nomination by and plurality vote of the remaining electors, including nomination

and vote by a single elector if only one remains;

d. If there is a tie between at least two nominees for substitute elector in a vote

conducted under subdivision c, by appointing an elector chosen by lot from

among those nominees; or

e. If all elector positions are vacant and cannot be filled pursuant to subdivisions a

through d, by appointing a single presidential elector, with remaining vacant

positions to be filled under subdivision c and, if necessary, subdivision d.

3. To qualify as a substitute elector under subsection 2, an individual who has not

executed the pledge required under section 16.1-14.1-03 shall execute the following

pledge: "I agree to serve and to mark my ballots for president and vice president

consistent with the pledge of the individual to whose elector position I have

succeeded."
N.D. Cent. Code § 16.1-01-04.1 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-04.1
16.1-01-04.1. Identification verifying eligibility as an elector
Status: in_force

16.1-01-04.1. Identification verifying eligibility as an elector

1. A qualified elector shall provide a valid form of identification to the proper election

official before receiving a ballot for voting.

2. The identification must provide the following information regarding the elector:

a. Legal name;

b. Current residential street address in North Dakota; and

c. Date of birth.

3. a. A valid form of identification is:

(1) A driver's license or nondriver's identification card issued by the North

Dakota department of transportation; or

(2) An official form of identification issued by a tribal government to a tribal

member residing in this state.

b. If an individual's valid form of identification does not include all the information

required under subsection 2 or the information on the identification is not current,

the identification must be supplemented by presenting any of the following issued

to the individual which provides the missing or outdated information:

(1) A current utility bill;

(2) A current bank statement;

(3) A check issued by a federal, state, or local government;

(4) A paycheck;

(5) A document issued by a federal, state, or local government; or

(6) A printed document containing all of the information required by

subsection 2 issued by an institution of higher education for an enrolled

student residing in the state and containing the institution's letterhead or

seal, along with a student photo identification card issued by the institution

and containing the student's photograph and legal name.

4. The following forms of identification are valid for the specified individuals living under

special circumstances who do not possess a valid form of identification under

subsection 3.

a. For an individual living in a long-term care facility, a long-term care certificate

prescribed by the secretary of state and issued by a long-term care facility in this

state;

b. For a uniformed service member or immediate family member temporarily

stationed away from the individual's residence in this state, or a resident of the

state temporarily living outside the country, a current military identification card or

passport; and

c. For an individual living with a disability that prevents the individual from traveling

away from the individual's home, the signature on an absentee or mail ballot

application from another qualified elector who, by signing, certifies the applicant is

a qualified elector.

5. If an individual is not able to show a valid form of identification but asserts

qualifications as an elector in the precinct in which the individual desires to vote, the

individual may mark a ballot that must be set aside securely in a sealed envelope

designed by the secretary of state. After the ballot is set aside, the individual may

show a valid form of identification to the election official responsible for the

administration of the election via print or electronic means before the meeting of the

canvassing board occurring on the thirteenth day after the election. Each ballot set

aside under this subsection must be presented to the members of the canvassing

board for proper inclusion or exclusion from the tally.

6. If an individual presents a nondriver identification card issued under subsection 2 of

section 39-06-03.1 or an operator's license issued under section 39-06-14, and the

card or license indicates the individual is a noncitizen, but the individual asserts valid

citizenship, the individual may mark a ballot that must be set aside securely in a

sealed envelope designed by the secretary of state. After the ballot is set aside, the

individual may present a nondriver identification card issued under subsection 2 of

section 39-06-03.1 or an operator's license issued under section 39-06-14 that no

longer reflects that the individual is a noncitizen, to the election official responsible for

the administration of the election via print or electronic means before the meeting of

the canvassing board occurring on the thirteenth day after the election. Each ballot set

aside under this subsection must be presented to the members of the canvassing

board for proper inclusion in or exclusion from the tally. This section does not affect

any associated consent decree or administrative rules adopted related to a consent

decree consented to or enacted before August 1, 2023.

7. The secretary of state shall develop uniform procedures for the requirements of

subsections 5 and 6 which must be followed by the election official responsible for the

administration of the election.
N.D. Cent. Code § 16.1-11-02 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-02
16.1-11-02. Presidential preference contest - Time for holding
Status: repealed

16.1-11-02. Presidential preference contest - Time for holding

Repealed by S.L. 2003, ch. 174, § 6.
N.D. Cent. Code § 16.1-06-19 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-19
16.1-06-19. Instructions, advertisements, maps, and ballots posted in polling places
Status: in_force

16.1-06-19. Instructions, advertisements, maps, and ballots posted in polling places

Each county auditor shall have posters printed, in large type, containing full instructions to

electors on obtaining and voting ballots and a copy of section 16.1-01-12, any federal laws

regarding prohibitions on acts of fraud and misrepresentations, and general information on

voting rights under applicable federal and state laws, including instructions on how to contact

the appropriate officials if these rights are alleged to have been violated. The county auditor

shall furnish at least one such poster to the election inspector in each election polling place who,

before the opening of the polls, shall conspicuously post at least one poster in the polling place.

The county auditor, at the time of delivering the ballots to the inspector of elections in each

polling place, shall deliver at least five copies of the newspaper publication or other copy of the

complete text of any constitutional amendment or initiated or referred measure to the inspector

of elections. One of the newspaper publications or copies must be posted conspicuously in the

polling place on the morning of the election. Each county auditor shall furnish the election

inspector in each polling place with four copies of a map showing the election precinct

boundaries and information regarding the date of the election and the hours during which polling

places will be open. Before the opening of the polls, the inspector shall post the maps and

information regarding the date of the election and the hours during which polling places will be

open at the entry to and in other conspicuous places around the polling place.
N.D. Cent. Code § 16.1-13-37 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-37
16.1-13-37. Application for presidential elector ballot by new residents
Status: in_force

16.1-13-37. Application for presidential elector ballot by new residents

An individual desiring to qualify to vote for presidential electors is not required to register,

but, at least ten days before the election, the individual shall apply in the form of an affidavit

executed in duplicate in the presence of the county auditor substantially as follows:

State of North Dakota )

) ss.

County of ________ )

I, __________, do solemnly swear that:

1. I am a citizen of the United States.

2. Before becoming a resident of this state, I resided at __________ street, in the (town)

(township) (city) of __________, county of __________ in the state of __________.

3. On the day of the next presidential election, I shall be at least eighteen years of age. I

have been a resident of this state since __________, ___, now residing at

__________ street, in the (town) (township) (city) of __________, county of

__________ in the state of North Dakota.

4. I have resided in __________ precinct for less than thirty days. I believe I am entitled

under the laws of this state to vote at the presidential election to be held on November

__________, ___.

5. I apply for a presidential election ballot. I have not voted and will not vote otherwise

than by this ballot at that election.

Signed _______________________________

(Applicant)

_______________________________

(Applicant's telephone number)

Subscribed and sworn to before me this __________ day of __________, ___.

Signed _______________________________

(Title and name of officer

authorized to administer oaths)
N.D. Cent. Code § 16.1-13-43 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-43
16.1-13-43. Delivery and processing of presidential elector ballots of new residents
Status: in_force

16.1-13-43. Delivery and processing of presidential elector ballots of new residents

1. The county auditor shall deliver the presidential elector ballots for new residents to the

inspector of elections in the manner prescribed by law for absentee ballots. The ballots

must be processed in accordance with the law for absentee ballots.

2. The inspector of elections shall record the new resident voter's name with a notation

designating the individual as a new resident voting for presidential electors only.
N.D. Cent. Code § 16.1-03-15 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-15
16.1-03-15. Expenses of delegates to national conventions
Status: repealed

16.1-03-15. Expenses of delegates to national conventions

Repealed by S.L. 1987, ch. 247, § 1.
N.D. Cent. Code § 16.1-03-05 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-05
16.1-03-05. Vacancies in office of precinct committeeman - Filling
Status: in_force

16.1-03-05. Vacancies in office of precinct committeeman - Filling

A vacancy in the office of precinct committeeman, which occurs after the organization of the

district committee, may be filled by appointment, as authorized by the district party bylaws.
N.D. Cent. Code § 16.1-11-01 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-01
16.1-11-01. Primary election - When held - Nomination of candidates - Nomination for special elections
Status: in_force

16.1-11-01. Primary election - When held - Nomination of candidates - Nomination for

special elections.

On the second Tuesday in June of every general election year, a primary election must be

held for the nomination of candidates for the following offices in the years of their regular

election: United States senators, member of the United States house of representatives,

members of the legislative assembly, elected state officials, judges of the supreme court and

district court, county officers, and county commissioners. In special elections the nominations

for the officers enumerated in this section must be made as provided in this title.
N.D. Cent. Code § 16.1-16-15 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-15
16.1-16-15. Determination of contest - Certificate of election
Status: repealed

16.1-16-15. Determination of contest - Certificate of election

Repealed by S.L. 1987, ch. 259, § 15.
N.D. Cent. Code § 16.1-13-16 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-16
16.1-13-16. Basis of representation at convention - How determined
Status: in_force

16.1-13-16. Basis of representation at convention - How determined

The basis of representation of delegates to a convention, unless otherwise provided by law,

must be fixed and determined by the authorized district or state committee of each political party

entitled by law to make nominations for office by delegate convention.
N.D. Cent. Code § 16.1-15-34 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-34
16.1-15-34. Member of state canvassing board - When disqualified
Status: in_force

16.1-15-34. Member of state canvassing board - When disqualified

A member of the state 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 state 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 a quorum still exists,

the remaining members shall canvass the votes for that office. If a quorum does not exist,

another state officer, summoned according to the authorization granted the state canvassing

board in section 16.1-15-33, shall canvass the votes for that office.
N.D. Cent. Code § 16.1-14-15 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-15
16.1-14-15. Costs - Taxation
Status: in_force

16.1-14-15. Costs - Taxation

The costs of an election contest under the provisions of this chapter must be taxed under

the direction of the board. If two or more cases are heard together, the costs must be

apportioned as the board shall direct. In each case in which the petitioners do not prevail, the

costs must be paid by them, and in each case in which the petitioners prevail, the costs must be

paid by the state. If the costs are required to be paid by the state, the board shall certify the

costs to the office of management and budget, which shall issue a warrant upon the state

treasurer in payment of the same.
N.D. Cent. Code § 16.1-15-02.1 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-02.1
16.1-15-02.1. Alternative method for canvassing election for counties using or sharing electronic voting systems or electronic counting machines - County resolution board
Status: repealed

16.1-15-02.1. Alternative method for canvassing election for counties using or

sharing electronic voting systems or electronic counting machines - County resolution

board.

Repealed by S.L. 2005, ch. 191, § 28.
N.D. Cent. Code § 16.1-09-04 — ND Code / Title 16.1 / Chapter 16.1-09 / Section 16.1-09-04
16.1-09-04. Powers and duties of the secretary of state
Status: in_force

16.1-09-04. Powers and duties of the secretary of state

The secretary of state shall:

1. Prescribe the forms for statements of interests required to be filed under this chapter

and furnish such forms, on request, to persons subject to this chapter.

2. Prepare and publish guidelines setting forth recommended uniform methods of

reporting for use by persons required to file statements under this chapter.

3. Adopt such rules and regulations, in the manner prescribed by chapter 28-32, as may

be appropriate to effectuate the purposes of this chapter.
N.D. Cent. Code § 16.1-06-08 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-08
16.1-06-08. No-party ballot at general elections - Contents - Delivered to elector
Status: in_force

16.1-06-08. No-party ballot at general elections - Contents - Delivered to elector

There must be a separate no-party ballot at the general election upon which must be placed

the names of all candidates who have been nominated on the no-party primary ballot at the

primary election. Such ballots must be in the same form as the no-party primary ballot and must

be delivered to each elector by the proper election official. The separate ballot may be on the

same paper or electronic ballot, but the list of offices and candidates must be entitled "no-party

ballot" in a manner to clearly indicate the separation of the no-party list of offices and candidates

from the party list of offices and candidates.
N.D. Cent. Code § 16.1-13-21 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-21
16.1-13-21. Producing, opening, and delivering ballots on election day
Status: in_force

16.1-13-21. Producing, opening, and delivering ballots on election day

Upon arrival at the poll of all election board members, or at the latest, upon the opening of

the poll, the inspector of election shall produce the sealed package of official ballots and publicly

open them.
N.D. Cent. Code § 16.1-07-12 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-12
16.1-07-12. Opening ballot - Voting or rejecting - Depositing in ballot box - Preserving
Status: in_force

16.1-07-12. The county auditor shall designate a location for the closing,

counting, and canvassing process under chapter 16.1-15, which location must be

open to any person for the purpose of observing. The board shall comply with the

requirements of sections 16.1-15-04 through 16.1-15-12, as applicable.
N.D. Cent. Code § 16.1-13-02 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-02
16.1-13-02. Officers to be elected at general election
Status: in_force

16.1-13-02. Officers to be elected at general election

All elective state, district, and county officers, and the United States senators, and the

members of the United States house of representatives, must be elected at the general election

next preceding the expiration of the term of each such officer. In a year when a president and

vice president of the United States are to be chosen, a number of presidential electors equal to

the number of senators and representatives to which this state is entitled in the Congress of the

United States must be elected at such general election.
N.D. Cent. Code § 16.1-15-15 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-15
16.1-15-15. County canvassing board - Composition
Status: in_force

16.1-15-15. County canvassing board - Composition

The county canvassing board must be composed of the county recorder, county auditor,

chairman of the board of county commissioners, and a representative of each of the two political

parties that received the highest number of votes cast for governor at the most recent general

election at which a governor was elected. An individual who served on an election board during

the election may not serve as a political party representative on the canvassing board for that

same election. The district chairmen of the political parties from each legislative district within

the county shall appoint the respective political party representative. The county canvassing

board must be comprised of at least five members, and both political parties must be

represented. Each political party from each legislative district within a county may request

representation on the canvassing board if there is equal representation from each of the political

parties. For any special county election when the election does not involve any legislative or

statewide office, the county canvassing board must be composed of the county recorder, county

auditor, and chairman of the board of county commissioners.
N.D. Cent. Code § 16.1-13-41 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-41
16.1-13-41. Voting by new residents for presidential electors
Status: in_force

16.1-13-41. Voting by new residents for presidential electors

1. The applicant, upon receiving the ballot for presidential electors, immediately shall

mark the ballot in the presence of the county auditor but in a manner the official cannot

know how the ballot is marked. The applicant subsequently shall fold the ballot in the

county auditor's presence to conceal the markings and deposit and seal the ballot in

an envelope furnished by the county auditor.

2. The voter shall enclose the envelope containing the ballot in a carrier envelope which

must be sealed securely. There must be imprinted on the outside of the carrier

envelope a statement substantially as follows:

CERTIFICATION OF NEW RESIDENT VOTER

I have qualified as a new resident voter in this state to vote for presidential electors. I

have not applied nor do I intend to apply for an absent voter's ballot from the state

from which I have relocated. I have not voted and I will not vote otherwise than by this

ballot.

Dated _________________________

Witness _______________________

County Auditor

______________________________________

(Signature of Voter)

3. The voter shall sign the certification upon the carrier envelope and subsequently shall

deliver the sealed carrier envelope to the county auditor who shall keep the carrier

envelope in the county auditor's office until delivered by the county auditor to the

inspector of elections of the county absentee ballot precinct.
N.D. Cent. Code § 16.1-16-16 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-16
16.1-16-16. Fees of officers and witnesses
Status: repealed

16.1-16-16. Fees of officers and witnesses

Repealed by S.L. 1987, ch. 259, § 15.
N.D. Cent. Code § 16.1-01-02.1 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-02.1
16.1-01-02.1. State policy encouraging employers to establish policy granting employees time to vote
Status: in_force

16.1-01-02.1. State policy encouraging employers to establish policy granting

employees time to vote.

It is the policy of this state to encourage voting by all eligible voters at all statewide special,

primary, or general elections. To this end, employers are encouraged to establish a program to

grant an employee who is a qualified voter to be absent from the employee's employment for

the purpose of voting when an employee's regular work schedule conflicts with voting during

time when polls are open.
N.D. Cent. Code § 16.1-15-41 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-41
16.1-15-41. Statements of general or special election prepared by state canvassing board - Contents
Status: in_force

16.1-15-41. Statements of general or special election prepared by state canvassing

board - Contents.

Upon receiving the certified abstracts on file with the secretary of state, the state

canvassing board shall proceed publicly to examine and make statements of the whole number

of votes cast at any general or special election for all state or district offices. The statements

must show the names of the individuals for whom the votes were cast for the offices and the

whole number of votes for each, distinguishing the several districts and counties in which they

were cast.
N.D. Cent. Code § 16.1-08.1-08 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-08
16.1-08.1-08. Ultimate and true source of funds - Required identification
Status: in_force

16.1-08.1-08. Ultimate and true source of funds - Required identification

1. In any statement under this chapter which requires the identification of a contributor or

subcontributor, the ultimate and true source of funds must be identified.

2. A resident taxpayer may commence an action in a district court of this state against a

person required to comply with this section to compel compliance if all other

enforcement measures under this chapter have been exhausted and the taxpayer

reasonably believes the person has failed to comply with this section.
N.D. Cent. Code § 16.1-08.1-02.1 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-02.1
16.1-08.1-02.1. State political party convention revenue and expense statement required
Status: in_force

16.1-08.1-02.1. State political party convention revenue and expense statement

required.

1. State political parties shall establish separate and segregated accounts for the

management of state nominating conventions. All revenue obtained and expenditures

made for the planning and running of a state convention must be accounted for in

these accounts.

2. A postconvention statement must be filed with the secretary of state sixty days after

the close of the state nominating convention. The reporting period for the

postconvention statement begins on the first day of January of the reporting year and

ends thirty days after the close of the state nominating convention.

3. A year-end statement covering the entire calendar year must be filed with the

secretary of state before February first of the following year even if no convention

revenue was received or expenditures made within the calendar year.

4. The statement filed according to this section must show the following:

a. The balance of the filer's convention accounts at the start and close of the

reporting period;

b. The total of all revenue received and expenditures made of two hundred dollars,

or less;

c. The total of all revenue received and expenditures made in excess of two

hundred dollars;

d. For each aggregated revenue received from a person in excess of two hundred

dollars:

(1) The name of each person;

(2) The mailing address of each person;

(3) The date of the most recent receipt of revenue from each person; and

(4) The purpose or purposes for which the aggregated revenue total was

received from each person;

e. For each aggregated expenditure made to a person in excess of two hundred

dollars:

(1) The name of each person or entity;

(2) The mailing address of each person or entity;

(3) The date of the most recent expense made to each person or entity; and

(4) The purpose or purposes for which the aggregated expenditure total was

disbursed to each person or entity; and

f. For each aggregated revenue from an individual which totals five thousand

dollars or more during the reporting period, the occupation, employer, and

principal place of business of the individual must be disclosed.

5. If a net gain from the convention is transferred to the accounts established for the

support of the nomination or election of candidates, the total transferred must be

reported as a contribution in the statements required by section 16.1-08.1-02.4.

6. If a net loss from the convention is covered by a transfer from the accounts

established for the support of the nomination or election of candidates, the total

transferred must be reported as an expenditure in the statements required by section

16.1-08.1-02.4.
N.D. Cent. Code § 16.1-02-08.1 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-08.1
16.1-02-08.1. Reporting incarcerations - Changes to records in the central voter file
Status: in_force

16.1-02-08.1. Reporting incarcerations - Changes to records in the central voter file

1. The director of the department of corrections and rehabilitation shall provide a report to

the secretary of state, including the name, address, date of birth, date of sentence,

effective date of the sentence, and county in which the conviction occurred, if

available, of each individual who has been convicted of a felony and incarcerated

under the legal and physical custody of the department of corrections and

rehabilitation since the last report. The report must be provided every Monday

morning. The secretary of state shall designate each individual in the report with an

ineligible voter status in the central voter file.

2. The director of the department of corrections and rehabilitation shall provide a report to

the secretary of state, including the name, address, and date of birth, if available, of

each individual previously convicted of and incarcerated for a felony whose civil rights

have been restored as provided in chapter 12.1-33 since the last report. The report

must be provided every Monday morning. The secretary of state shall change the

ineligible voter status of the individual in the central voter file to the appropriate status.

3. An individual who has been convicted of and incarcerated for a felony and whose civil

rights have been restored as provided under chapter 12.1-33 must be allowed to vote

if the individual meets the qualifications of an elector under section 16.1-01-04. The

county auditor shall change the status of the individual's record in the central voter file

as necessary.
N.D. Cent. Code § 16.1-14-10 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-10
16.1-14-10. Notice to individuals contested
Status: in_force

16.1-14-10. Notice to individuals contested

Upon the filing of the petition and bond as provided in section 16.1-14-09, the board for the

trial of contests of elections for presidential elections shall order written notice of the petition to

be given to the governor and to the individuals whose election is contested. Notice also must be

published in a newspaper as the board shall order. A notice required by this section must

contain a concise statement of the facts alleged in the petition and a designation of the time and

place fixed by the board for the hearing. The hearing must be not less than three nor more than

fifteen days from the filing of the petition.
N.D. Cent. Code § 16.1-14-11 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-11
16.1-14-11. Appearance by parties to contest
Status: in_force

16.1-14-11. Appearance by parties to contest

At the time fixed for the hearing, the petitioners shall appear and produce their evidence,

and the individuals whose election is contested may appear and produce evidence in the

individuals' behalf. Any party to the contest proceedings may appear in person or by attorney,

and no other person is entitled to be made a party to the proceedings or to be heard personally

or by counsel. If more than one petition is pending, the board, in its discretion, may order the

contests to be heard together.
N.D. Cent. Code § 16.1-03-01 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-01
16.1-03-01. Party caucus - Time and manner of holding - Caucus call - Notice
Status: in_force

16.1-03-01. Party caucus - Time and manner of holding - Caucus call - Notice

1. Each legislative district party shall organize in conformance with the state legislative

district boundaries as established by the legislative assembly and as set forth under

2. On or before May fifteenth following the last preceding general election, a party caucus

must be held by every legislative district party. The legislative district party may

organize the caucus by precinct or on an at-large basis for the entire district.

3. The legislative district chairman of each party shall set the date and time for the party

caucus. If there is not a duly elected district chairman in a legislative district, the state

party executive committee may issue the call for the caucus. The call must contain the

following:

a. Name of party.

b. Legislative district number.

c. Date of caucus.

d. Place of caucus.

e. Hours of caucus.

f. A statement of the business to be conducted.

g. The name of the district chairman or, if there is not a duly elected district

chairman, the member of the state party executive committee issuing the call.

4. The district chairman or, if there is not a duly elected district chairman, the state party

executive committee shall provide ten days' published notice in the official newspaper

in circulation in the district. The notices must contain that information set forth in

subsection 3.
N.D. Cent. Code § 16.1-01-11 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-11
16.1-01-11. Certain questions not to be voted upon for three months
Status: in_force

16.1-01-11. Certain questions not to be voted upon for three months

1. Whenever at any election a bond issue or mill levy question has failed to receive the

required number of votes for approval by the electors, the matter may not again be

submitted to a vote until a period of at least three months has expired.

2. a. More than two elections on the same general matter may not be held within

twelve consecutive calendar months.

b. If the matter to be placed before the electors for a third or subsequent time

involves authorization for a school construction bond issuance in accordance with

chapter 21-03, the board of the school district shall resubmit its school

construction proposal to the superintendent of public instruction for the purpose of

obtaining the superintendent's approval, in the same manner as required for an

initial approval in accordance with section 15.1-36-01.
N.D. Cent. Code § 16.1-06-03 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-03
16.1-06-03. Official ballots only to be used
Status: in_force

16.1-06-03. Official ballots only to be used

The official ballot prepared by the county auditor or the local auditor or clerk must contain

the name of each candidate whose name has been certified to or filed with such auditor or clerk

in the manner provided in this title. Ballots other than official ballots prepared by the county

auditor or local auditor or clerk may not be cast or counted in any election governed by this title.

The list of officers and candidates and the statements of measures and questions to be

submitted to the voters must be deemed an official ballot in precincts in which voting systems

are used.
N.D. Cent. Code § 16.1-06-06 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-06
16.1-06-06. General election ballots for persons authorized to vote for presidential electors only - Prepared separately - General law governs
Status: in_force

16.1-06-06. General election ballots for persons authorized to vote for presidential

electors only - Prepared separately - General law governs.

In addition to the ballots prepared pursuant to section 16.1-06-05, ballots must be prepared

containing only the names of duly certified candidates for presidential electors for use by

persons authorized to vote for those offices by law. The provisions of this title regarding the

preparation, form, arrangement of names, and delivering of ballots must govern in regard to the

general election ballot prepared pursuant to this section. The ballots prepared pursuant to this

section must be delivered to electors who qualify only to vote for presidential electors pursuant

to sections 16.1-13-35 and 16.1-13-36.
N.D. Cent. Code § 16.1-07-15 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-15
16.1-07-15. Early voting precinct - Election board appointment - Closing and canvassing
Status: in_force

16.1-07-15. Early voting precinct - Election board appointment - Closing and

canvassing.

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

county commissioners may, before the sixty-fourth day before the day of the election,

create a special precinct, known as an early voting precinct, to facilitate the conduct of

early voting in that county according to this title. At the determination of the county

auditor, more than one polling place may be utilized for the purposes of operating the

early voting precinct. The election board of the early voting precinct must be known as

the early voting precinct election 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 establishes an early voting precinct according to

this section, the following provisions apply:

a. Early voting must be authorized during the fifteen days immediately before the

day of the election. The county auditor shall designate the business days and

times during which the early voting election precinct will be open and publish

notice of the early voting center locations, dates, and times in the official county

newspaper once each week for three consecutive weeks immediately before the

day of the election.

b. The county auditor shall appoint the early voting precinct election board for each

early voting polling place 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 out 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.

c. The county auditor, with the consent of the board of county commissioners, shall

designate each early voting polling place in a public facility, accessible to the

elderly and the physically disabled as provided in section 16.1-04-02. With

respect to polling places at early voting precincts, "election day" as used in

sections 16.1-10-03 and 16.1-10-06.2 includes any time an early voting precinct

polling place is open.

d. At the close of each day of early voting, the inspector, along with a judge from

each political party represented on the board, shall secure all election-related

materials, including:

(1) The pollbooks and access to any electronically maintained pollbooks.

(2) The ballot boxes containing voted ballots.

(3) Any void, spoiled, and unvoted ballots.

e. Ballot boxes containing ballots cast at an early voting polling place may not be

opened until the day of the election except as may be necessary to clear a ballot

jam or to move voted ballots to a separate locked ballot box in order to make

room for additional ballots.

f. Each early voting polling place may be closed, as provided in chapter 16.1-15, at

the end of the last day designated for early voting in the county. Results from the

early voting precinct may be counted, canvassed, or released under chapter

16.1-15 as soon as any precinct within the county, city, or legislative district

closes its polls on the day of the election. The county auditor shall designate a

location for the closing, counting, and canvassing process under chapter 16.1-15,

which location must be open to any person for the purpose of observing.

g. The early voting precinct election board shall comply with the requirements of

chapters 16.1-05, 16.1-06, 16.1-11, 16.1-11.1, 16.1-13, and 16.1-15, as

applicable.
N.D. Cent. Code § 16.1-11-07 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-07
16.1-11-07. Presidential candidates on ballot - Filing time
Status: repealed

16.1-11-07. Presidential candidates on ballot - Filing time

Repealed by S.L. 2007, ch. 197, § 9.
N.D. Cent. Code § 16.1-11-19 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-19
16.1-11-19. Filling vacancy existing on no-party ballot - Petition required - Time of filing
Status: in_force

16.1-11-19. Filling vacancy existing on no-party ballot - Petition required - Time of

filing.

1. If 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 before the primary election, a written petition as provided in section

16.1-11-06, stating the petitioner desires to become a candidate for nomination to the

office for which a vacancy exists. If the petition is mailed, the petition must be in the

possession of the secretary of state before four p.m. on the sixty-fourth day before the

primary election. 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 governor at the most recent general election in the state or district at

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

hundred signatures be required.

2. If 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 before the primary election, a written petition as provided in section

16.1-11-11, stating the petitioner desires to become a candidate for nomination to the

office for which a vacancy exists. If the petition is mailed, the petition must be in the

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

primary election. The petition for the nomination of any individual to fill the vacancy

must be signed by qualified electors as provided in subdivision c of subsection 2 of

section 16.1-11-11.

3. A vacancy in the no-party ballot must be deemed to exist when a candidate who was

qualified by filing a petition pursuant to section 16.1-11-06 or 16.1-11-11 dies, resigns,

or otherwise becomes disqualified to have the candidate's name printed on the ballot.
N.D. Cent. Code § 16.1-12-02.1 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-02.1
16.1-12-02.1. Applicant's name placed upon ballot - Affidavit to accompany petition
Status: in_force

16.1-12-02.1. Applicant's name placed upon ballot - Affidavit to accompany petition

Upon receipt by the secretary of state of the certificate of nomination provided for in section

16.1-12-02 accompanied by the following affidavit, the secretary of state shall place the

applicant's name upon the general election ballot. The affidavit may be filed electronically,

through the mail, or by personal delivery, and must be in the possession of the appropriate filing

officer before four p.m. on the sixty-fourth day before the general or special election. If the

affidavit is filed electronically, the candidate shall retain the original copy. The affidavit must be

substantially as follows:

State of North Dakota )

) ss.

County of ________ )

I, ______________, being sworn, say that I reside at ______________, in the city of

__________________, in the county of_________________, state of North Dakota; and zip

code of____________; that I am a candidate for nomination to the office of

_________________ to be chosen at the general election to be held on _____________,

____, and I request that my name be printed upon the general election ballot as provided

by law, as a candidate of __________ party for said office. I am requesting that my name

be listed on the ballot as I have identified my ballot name below. I understand that

nicknames are allowed as part of my ballot name, but titles and campaign slogans are not

permissible. I have reviewed the requirements to hold office and I certify that I am qualified

to serve if elected.

_______________________________________

Ballot name requested

Date ______________ _______________________________________

Candidate's signature

Subscribed and sworn to before me on ______________, ______.

_______________________________________

Notary Public

NOTARY SEAL My Commission Expires ____________________
N.D. Cent. Code § 16.1-03-21 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-21
16.1-03-21. Organizations allowed to nominate statewide and legislative candidates
Status: in_force

16.1-03-21. Organizations allowed to nominate statewide and legislative candidates

A political organization may not endorse candidates or have candidates petition for

president, vice president, Congress, statewide office, or legislative office as set forth in

chapter 16.1-11, unless the organization:

1. Organized according to all requirements of this chapter;

2. Had printed on the ballot at the last preceding general election the names of a set of

presidential electors pledged to the election of the party's candidate for president and

vice president, a candidate for governor, a candidate for attorney general, or a

candidate for secretary of state and those candidates for presidential electors,

governor, attorney general, or secretary of state received at least five percent of the

total vote cast for presidential electors, the office of governor, attorney general, or

secretary of state within this state at that election and organized according to all

requirements of this chapter; or

3. Filed a petition with the secretary of state signed by the number of electors required

under section 16.1-11-30 to qualify to endorse candidates or to have candidates

petition to be included on the primary election ballot in a consolidated column or on a

special election ballot.
N.D. Cent. Code § 16.1-13-18 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-18
16.1-13-18. Two or more organizations filing certificates representing same party - Secretary of state to determine authorized organization - Review of determination
Status: in_force

16.1-13-18. Two or more organizations filing certificates representing same party -

Secretary of state to determine authorized organization - Review of determination.

If two or more organizations claiming or purporting to represent the same political party file

certificates of nomination under the same party designation, or if the certificates indicate the

nominations were made by any individual or organization representing the same political party,

the secretary of state, within the time prescribed by law for certifying state nominations to the

county auditor, shall determine from the best available sources of information which

organization filing the certificates is the legally authorized representative of the party. The

decision of the secretary of state in determining which organization is the legally authorized

representative of the party is subject to review by the district court in a proper action instituted

for such purpose.
N.D. Cent. Code § 16.1-15-11 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-11
16.1-15-11. Locking and examination of voting machines - Tally of voting machine votes - Certification to district judge or clerk of district court
Status: repealed

16.1-15-11. Locking and examination of voting machines - Tally of voting machine

votes - Certification to district judge or clerk of district court.

Repealed by S.L. 2003, ch. 171, § 33.
N.D. Cent. Code § 16.1-09-07 — ND Code / Title 16.1 / Chapter 16.1-09 / Section 16.1-09-07
16.1-09-07. Effect of intentional violation of chapter - Penalty
Status: in_force

16.1-09-07. Effect of intentional violation of chapter - Penalty

Any person who intentionally violates a provision of this chapter is guilty of a class B

misdemeanor and that person's appointment, nomination, or election, as the case may be, must

be declared void. Any vacancy that may result from the intentional violation of this chapter must

be filled in the manner provided by law. This section does not remove from office a person who

is already in office and who has entered upon the discharge of the person's duties where such

office is subject to the impeachment provisions of the Constitution of North Dakota.
N.D. Cent. Code § 16.1-14-09 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-09
16.1-14-09. Application to state grounds of contest
Status: in_force

16.1-14-09. Application to state grounds of contest

The application provided for in section 16.1-14-08 must be made by petition in writing and

filed in the office of the secretary of state within ten days from the date of the proclamation

provided for in section 16.1-14-03. The petition, regardless of its mode of delivery, must be in

the possession of the secretary of state before four p.m. on the tenth day as provided in this

section, and the secretary of state shall convene the board for the trial of contests of elections

for presidential elections. The petition must set forth the names of the individuals whose election

is contested and the ground for such contest. The petitioner, before any proceedings are had

upon the petition, except the convening of the board, shall file a bond to this state in a sum and

with surety as the board shall order, conditioned for the payment of all costs incurred in the

prosecution of the contest in case the contestants do not prevail.
N.D. Cent. Code § 16.1-07-17 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-17
16.1-07-17. Notification of rejected absentee ballots cast by military and overseas voters
Status: in_force

16.1-07-17. Notification of rejected absentee ballots cast by military and overseas

voters.

The secretary of state shall establish a uniform procedure for county auditors to follow when

notifying a military or overseas voter that the voter's absentee ballot was rejected. The

procedure must provide that the notice include the reason why the voter's absentee ballot was

rejected as provided by section 707 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116

Stat. 1666; 42 U.S.C. 1973ff-1].
N.D. Cent. Code § 16.1-05-06 — ND Code / Title 16.1 / Chapter 16.1-05 / Section 16.1-05-06
16.1-05-06. Challenging right to vote - Identification or affidavit required - Penalty for false swearing - Optional poll checkers
Status: repealed

16.1-05-06. Challenging right to vote - Identification or affidavit required - Penalty for

false swearing - Optional poll checkers.

Repealed by S.L. 2013, ch. 167, § 8.
N.D. Cent. Code § 16.1-02-04 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-04
16.1-02-04. Precinct boundaries changed - Change to the central voter file
Status: in_force

16.1-02-04. Precinct boundaries changed - Change to the central voter file

When the boundaries of a precinct are changed, the county auditor shall immediately

update the voter records for that precinct in the central voter file to accurately reflect those

changes. The county auditor shall provide to the secretary of state all materials requested for

existing precincts or to assist in making or verifying the required changes.
N.D. Cent. Code § 16.1-11-04 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-04
16.1-11-04. Presidential preference contest
Status: repealed

16.1-11-04. Presidential preference contest

Repealed by S.L. 2003, ch. 174, § 6.
N.D. Cent. Code § 16.1-08.1-03.10 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.10
16.1-08.1-03.10. Contribution statements of county office candidates or a candidate committee for a county office candidate
Status: repealed

16.1-08.1-03.10. Contribution statements of county office candidates or a candidate

committee for a county office candidate.

Repealed by S.L. 2017, ch. 155, §13.
N.D. Cent. Code § 16.1-01-05 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-05
16.1-01-05. Voting by qualified elector moving from one precinct to another
Status: in_force

16.1-01-05. Voting by qualified elector moving from one precinct to another

If a qualified elector moves from one precinct to another precinct within this state, the

elector is entitled to vote in the precinct from which the elector moved until the elector has

established a new residence pursuant to section 16.1-01-04.
N.D. Cent. Code § 16.1-08.1-03.12 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.12
16.1-08.1-03.12. Contribution statements of incidental committees and other political committees
Status: repealed

16.1-08.1-03.12. Contribution statements of incidental committees and other political

committees.

Repealed by S.L. 2017, ch. 155, §13.
N.D. Cent. Code § 16.1-15-29 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-29
16.1-15-29. Determining tie vote in county offices
Status: in_force

16.1-15-29. Determining tie vote in county offices

If the requisite number of county officers are not elected because two or more persons 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 county auditor shall give

notice to the persons to appear at the county auditor's office at a time appointed by the county

auditor. The persons then shall publicly decide by a drawing of names which of them must be

declared elected. The county auditor shall prepare and deliver to the person elected an election

certificate as provided in this chapter.
N.D. Cent. Code § 16.1-11-03.1 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-03.1
16.1-11-03.1. 2000 presidential caucus
Status: in_force

16.1-11-03.1. 2000 presidential caucus

Expired pursuant to S.L. 1999, ch. 207, § 6.
N.D. Cent. Code § 16.1-14-27 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-27
16.1-14-27. Application of other statutes
Status: repealed

16.1-14-27. Application of other statutes

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-08.1-04.1 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-04.1
16.1-08.1-04.1. Personal use of contributions prohibited
Status: in_force

16.1-08.1-04.1. Personal use of contributions prohibited

1. A candidate may not use any contribution received by the candidate, the candidate's

candidate committee, or a multicandidate political committee to:

a. Give a personal benefit to the candidate or another person;

b. Make a loan to another person;

c. Knowingly pay more than the fair market value for goods or services purchased

for the campaign; or

d. Pay a criminal fine or civil penalty.

2. If the secretary of state has substantial reason to believe any person knowingly

violated this section, the secretary shall arrange for an audit as authorized by section

16.1-08.1-05.
N.D. Cent. Code § 16.1-13-24 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-24
16.1-13-24. Voting on electronic voting system devices
Status: repealed

16.1-13-24. Voting on electronic voting system devices

Repealed by S.L. 2021, ch. 164, § 114.
N.D. Cent. Code § 16.1-06-16 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-16
16.1-06-16. County auditor to provide and distribute ballots - Other election supplies delivered at same time
Status: in_force

16.1-06-16. County auditor to provide and distribute ballots - Other election supplies

delivered at same time.

For each election precinct in the county, the county auditor shall provide the number of

ballots the auditor determines to be necessary. Each county auditor shall:

1. Have the ballots printed at least fifteen days before the election and available for

public inspection at the auditor's office.

2. Deliver to the inspector in each precinct or cause to be delivered in a secure manner

to the polling place no later than the day before the election the number of ballots,

pollbooks, ballot boxes, voting equipment, forms of oaths, and other election supplies

as the county auditor determines necessary.
N.D. Cent. Code § 16.1-06-10.1 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-10.1
16.1-06-10.1. Electronic counting machines authorized - Sharing of machines
Status: repealed

16.1-06-10.1. Electronic counting machines authorized - Sharing of machines

Repealed by S.L. 2021, ch. 164, § 114.
N.D. Cent. Code § 16.1-08.1-03.3 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-03.3
16.1-08.1-03.3. Campaign contributions by corporations, cooperative corporations, limited liability companies, affiliates, subsidiaries, and associations - Violation - Penalty - Political action committees authorized
Status: in_force

16.1-08.1-03.3. Campaign contributions by corporations, cooperative corporations,

limited liability companies, affiliates, subsidiaries, and associations - Violation - Penalty -

Political action committees authorized.

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

association may establish, administer, and solicit contributions to a separate and

segregated fund to be utilized for political purposes by the corporation, cooperative

corporation, limited liability company, affiliate, subsidiary, or association. It is unlawful

for:

a. The person or persons controlling the fund to make contributions or expenditures

utilizing money or anything of value secured by physical force, job discrimination,

financial reprisals, or the threat of them; or utilize money from dues, fees,

treasury funds, or other money required as a condition of membership in an

association, or as a condition of employment; or utilize money obtained in any

commercial transaction. Moneys from fees, dues, treasury funds, or money

obtained in a commercial transaction may, however, be used to pay costs of

administration of the fund.

b. Any person soliciting an employee, stockholder, patron, board member, or

member for a contribution to the fund to fail to inform the employee or member of

the political purposes of the fund at the time of the solicitation or of the general

political philosophy intended to be advanced through committee activities.

c. Any person soliciting an employee or member for a contribution to the fund to fail

to inform the employee or member at the time of the solicitation of the right to

refuse to contribute without any reprisal.

d. Any contribution to be accepted without keeping an accurate record of the

contributor and amount contributed and of amounts expended for political

purposes.

e. Any contribution to be accepted from any person not an employee, a stockholder,

a patron, a board member or a member of the corporation, cooperative

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

maintaining the political action committee, except a corporation may accept a

contribution from an employee, a stockholder, a patron, a board member, or a

member of an affiliate or a subsidiary of the corporation.

f. Any expenditure made for political purposes to be reported under this section

before control of the expenditure has been released by the political action

committee except if there is a contract, a promise, or an agreement, expressed or

implied, to make such expenditure.

2. A person may not make a payment of that person's money or of another person's

money to any other person for a political purpose in any name other than that of the

person that supplies the money and a person may not knowingly receive the payment

nor enter nor cause the payment to be entered in that person's account or record in

any name other than that of the person by which it actually was furnished.

3. If an officer, employee, agent, attorney, or other representative of a corporation,

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

makes any contribution prohibited by this section out of corporate, cooperative

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

otherwise violates this section, it is prima facie evidence of a violation by the

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

association.

4. A violation of this section may be prosecuted in the county where the contribution is

made or in any county in which it has been paid or distributed.

5. It is a class A misdemeanor for an officer, director, stockholder, manager, governor,

member, attorney, agent, or representative of any corporation, cooperative

corporation, limited liability company, affiliate, subsidiary, or association to violate this

section or to counsel or consent to any violation. Any person that solicits or knowingly

receives any contribution in violation of this section is guilty of a class A misdemeanor.

6. Any officer, director, stockholder, manager, governor, member, attorney, agent, or

representative who makes, counsels, or consents to the making of a contribution in

violation of this section is liable to the company, corporation, limited liability company,

affiliate, subsidiary, or association for the amount so contributed.
N.D. Cent. Code § 16.1-12-07 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-07
16.1-12-07. If nominee declines - Certificate void
Status: in_force

16.1-12-07. If nominee declines - Certificate void

Any individual intending to decline a nomination shall do so by filing written notice of that

intention with the officer with whom the certificate nominating the individual is filed. If the written

notice is filed with the appropriate officer within forty-eight hours after four p.m. on the sixty-

fourth day before the election, the nomination is void. If written notice is mailed, it must be in the

physical possession of the appropriate officer within forty-eight hours after four p.m. on the sixty-

fourth day before the election.
N.D. Cent. Code § 16.1-15-24 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-24
16.1-15-24. Abstracts of votes of general election made by county canvassing board - Contents
Status: in_force

16.1-15-24. Abstracts of votes of general election made by county canvassing board -

Contents.

The county canvassing board, when canvassing the returns of a general election, shall

make abstracts of votes from the certified reports of the inspectors of elections according to the

reporting instructions specified by the secretary of state.
N.D. Cent. Code § 16.1-12-06 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-06
16.1-12-06. Individual nominated by more than one party
Status: in_force

16.1-12-06. Individual nominated by more than one party

When one individual has been nominated for the same office by more than one body of

electors qualified to make nominations for public office, the nominee shall file with the secretary

of state on or before the last day fixed by law for filing certificates of nomination for the office, a

signed statement designating the political party the nominee desires to represent. The political

party so designated must be the political party of one of the bodies of electors by whom the

individual was nominated. In the absence of a timely written designation as provided by this

section, the secretary of state shall place the individual's name with the name of the political

party of the body of electors from which the individual's nomination was received first.
N.D. Cent. Code § 16.1-11-27 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-27
16.1-11-27. Arrangement of names on ballots
Status: in_force

16.1-11-27. Arrangement of names on ballots

Sample ballots used for publication purposes must be arranged using the rotation of the

ballot in the precinct and ordered according to the precincts with the greatest eligible voter

population to the least. On the official ballot used at the election, including electronic voting

system ballots, the names of candidates beside or under headings designating each office to be

voted for must be alternated in the following manner:

1. The ballot must first be arranged with all the names for each office on the ballot in an

order determined by lot by the county auditor and prepared by the county auditor for all

state, district, and county offices. The position of names that require alternating under

the provisions of this section must be alternated by an algorithm approved by the

secretary of state designed to ensure to the extent possible that each name on the

ballot for an office is listed in each position order on an equal number of precinct

ballots spread across the county. There must be a different alternation sequence for

each of the following, based on the geographical area by which the office is filled:

a. Offices to be filled by the electors of the state, the entire county, or any district

which includes the entire county.

b. Offices to be filled by the electors of districts smaller than the county, with a

different rotation for each of those districts.

2. Although the names are to be alternated within the offices on the ballot, the name

order for an office is to be the same for all ballots within a precinct.
N.D. Cent. Code § 16.1-16-10 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-10
16.1-16-10. Legislative contest of election
Status: in_force

16.1-16-10. Legislative contest of election

Legislative election contests must be determined in court as provided in this chapter for

other contests. No legislative election may be contested before either house of the legislative

assembly.
N.D. Cent. Code § 16.1-16-04 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-04
16.1-16-04. Time for commencement of action
Status: in_force

16.1-16-04. Time for commencement of action

1. Except as provided in subsection 2, an action to contest an election must be

commenced and the complaint must be filed in the district court of the contestee's

county of residence within five days after final certification of a recount by the

appropriate canvassing board or within fourteen days after the final certification by the

appropriate canvassing board if no recount is to be conducted.

2. If the grounds for the action are the illegal payment of money or other valuable thing

subsequent to the filing of any statement of expenses required by this title or if the

contestee does not or cannot meet the qualifications to hold the office as required by

law, the action may be commenced at any time. If the grounds for the action are the

failure of a contestee to satisfy the requirements for having the contestee's name listed

on the ballot as a candidate, the action may be commenced within thirty days of the

date the contestant knows or should know of the failure.

3. The contestee shall serve and file an answer within fourteen days after service of the

contest summons and complaint.
N.D. Cent. Code § 16.1-01-04 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-04
16.1-01-04. Qualifications of electors - Voting requirements
Status: in_force

16.1-01-04. Qualifications of electors - Voting requirements

1. To qualify as an elector of this state, an individual must be:

a. A citizen of the United States;

b. Eighteen years or older; and

c. A resident of this state who has resided in the precinct at least thirty days

immediately preceding any election.

2. Pursuant to section 2 of article II of the Constitution of North Dakota, voting by

individuals convicted and sentenced for a felony must be limited according to chapter

12.1-33.

3. A qualified elector may not authorize an attorney in fact, guardian, or other individual to

apply for any ballot or to vote in any election on behalf of or in the place of the qualified

elector.

4. An elector seeking to vote in an election must meet the identification requirements

specified in section 16.1-01-04.1.
N.D. Cent. Code § 16.1-15-40 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-40
16.1-15-40. Abstract prepared by state canvassing board for primary election - Contents - Signing - Candidate notified of nomination
Status: in_force

16.1-15-40. Abstract prepared by state canvassing board for primary election -

Contents - Signing - Candidate notified of nomination.

The state canvassing board shall prepare the certified abstract required by subsections 1, 2,

and 3 of section 16.1-15-21 for primary elections. The certificate must be signed by the

members of the board and filed in the office of the secretary of state. Upon completion of the

canvass, the secretary of state shall mail to each candidate nominated a notice of the

candidate's nomination stating that the candidate's name will be placed upon the official ballot to

be voted for at the ensuing general election. 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 notice 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. The secretary of state shall file a copy of the findings of the board and shall publish those

findings in a newspaper printed in Burleigh County.
N.D. Cent. Code § 16.1-15-08 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-08
16.1-15-08. Wrapping and returning of ballots to county recorder - Ballots set aside to election official administering the election
Status: in_force

16.1-15-08. Wrapping and returning of ballots to county recorder - Ballots set aside to

election official administering the election.

1. After generating the reports and poll lists provided for in section 16.1-15-06 for delivery

to the county auditor, the election board shall wrap all ballots. The ballots and

wrappers then must be secured tightly at the outer end to completely envelop and hold

the ballots together. Ballots that are void must be secured in a separate wrapper and

must be marked "void". Ballots that are spoiled must be secured separately and

marked "spoiled". In sealing ballots, the various classes of ballots must be kept

separate. Each wrapper must be endorsed with the names or numbers of the polling

places, the precincts served by the polling places, and the date on which the election

was held. The wrappers must be sealed securely in a manner prescribed by the county

auditor so the wrappers cannot be opened without an obvious and permanent

breaking of the seal. The ballots, together with those found void or spoiled, and the

opened envelopes from voted absentee ballots and the unopened envelopes of

absentee ballots rejected as defective, must be returned in person to the county

recorder. At the meeting of the county canvassing board, the county auditor shall

deliver the report of the ballots containing lawful write-in votes from all the precincts

within the county if these votes are required to be canvassed according to section

16.1-15-01.1.

2. Each ballot within a sealed envelope set aside for an individual as outlined in

subsections 5 and 6 of section 16.1-01-04.1 must be delivered to the election official

responsible for the administration of the election so the envelope containing the ballot

is available if the individual for whom the ballot was set aside appears in the official's

office to verify the individual's eligibility as an elector. The verified and unverified

ballots set aside must be delivered to the members of the canvassing board for proper

inclusion in or exclusion from the canvass of votes.
N.D. Cent. Code § 16.1-14.1-02 — ND Code / Title 16.1 / Chapter 16.1-14.1 / Section 16.1-14.1-02
16.1-14.1-02. Designation of state's electors
Status: in_force

16.1-14.1-02. Designation of state's electors

For each elector position in this state, a political party contesting the position shall submit to

the secretary of state the names of two qualified individuals. One of the individuals must be

designated as the elector nominee and the other as the alternate elector nominee. Except as

otherwise provided in sections 16.1-14.1-04 through 16.1-14.1-07, this state's electors are the

winning elector nominees under the laws of this state.
N.D. Cent. Code § 16.1-16-17 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-17
16.1-16-17. Payment for prosecuting or defending legislative election contest prohibited
Status: repealed

16.1-16-17. Payment for prosecuting or defending legislative election contest

prohibited.

Repealed by S.L. 1987, ch. 259, § 15.
N.D. Cent. Code § 16.1-01-06.1 — ND Code / Title 16.1 / Chapter 16.1-01 / Section 16.1-01-06.1
16.1-01-06.1. Approval voting - Ranked-choice voting - Prohibition
Status: in_force

16.1-01-06.1. Approval voting - Ranked-choice voting - Prohibition

1. For purposes of this section:

a. "Approval voting" means a method in which a qualified elector may vote for all

candidates the voter approves of in each race for public office, and the

candidates receiving the most votes are elected until all necessary seats are filled

in each race.

b. "Ranked-choice voting" means a method in which a qualified elector may rank

candidates in a race for public office in order of preference, and all submitted

ballots are tabulated in multiple rounds following the elimination of a candidate

until a single candidate attains a majority of votes.

2. Approval voting or ranked-choice voting may not be used in an election held within this

state to elect or nominate a candidate to any local, state, or federal elective office.

3. An ordinance enacted or adopted by a county, city, or other political subdivision,

including an ordinance enacted or adopted under a home rule charter, which conflicts

with this section is void.
N.D. Cent. Code § 16.1-02-03 — ND Code / Title 16.1 / Chapter 16.1-02 / Section 16.1-02-03
16.1-02-03. Secretary of state to establish the central voter file with department of transportation and county auditors
Status: in_force

16.1-02-03. Secretary of state to establish the central voter file with department of

transportation and county auditors.

1. Not later than the primary election in 2008, the secretary of state shall establish the

central voter file in cooperation with the department of transportation and county

auditors.

2. The secretary of state shall establish the initial central voter file from records

maintained by the department of transportation. Each county auditor shall compare the

initial central voter file against all precinct pollbooks used in the auditor's county during

and created from the general elections in the two previous election years and any

reasonably reliable updates made by the county auditor since the general elections in

the two previous election years. Any individual contained in the initial central voter file

who voted at either of the general elections in the two previous election years must be

designated as "active" in the initial central voter file. Any individual contained in the

initial central voter file who did not vote at either of the general elections in the two

previous election years must be designated as "inactive" in the initial central voter file.

3. Each individual contained in the initial central voter file must be assigned a unique

identifier. An individual's unique identifier must be randomly generated and assigned to

the individual.

4. When establishing the initial central voter file from the records maintained by the

department of transportation and the pollbooks from the general elections in the two

previous election years, the secretary of state and county auditors shall attempt to

correct address errors and misspellings of names.
N.D. Cent. Code § 16.1-14-07 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-07
16.1-14-07. Board for trial of contest of presidential electors - How constituted - Oath
Status: in_force

16.1-14-07. Board for trial of contest of presidential electors - How constituted - Oath

The board for the trial of contests of elections for presidential electors shall consist of the

chief justice of the supreme court, who must be president of the board, and two judges of the

district court designated by the governor. If the chief justice is unable to attend at such trial, the

next senior judge on the supreme court shall preside in place of the chief justice. The secretary

of state must be the clerk of the board, or in the secretary of state's absence or inability to act,

the clerk of the supreme court must be the clerk. Each member of the board, before entering

upon the discharge of the member's duties, shall take an oath, before the secretary of state or

some other officer qualified to administer oaths, that without fear, favor, affection, or hope of

reward, the member will, to the best of the member's knowledge and ability, administer justice

according to law and the facts of the case.
N.D. Cent. Code § 16.1-13-39 — ND Code / Title 16.1 / Chapter 16.1-13 / Section 16.1-13-39
16.1-13-39. Filing and indexing applications for presidential elector ballots from other states
Status: in_force

16.1-13-39. Filing and indexing applications for presidential elector ballots from other

states.

The county auditor shall file each duplicate application for a presidential elector ballot or

other official information received by the county auditor from another state indicating a former

resident of this state has applied to vote at a presidential election in another state and shall

maintain an alphabetical index of the information for four months after the election.
N.D. Cent. Code § 16.1-11-26 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-26
16.1-11-26. Order in which names of offices shall appear on ballot
Status: in_force

16.1-11-26. Order in which names of offices shall appear on ballot

The primary election ballot for party nominations shall contain the following offices in the

following order under each party column:

1. Congressional:

United States senator

representative in Congress

2. Legislative:

state senator __________ district

state representative __________ district

3. State offices:

governor and lieutenant governor

secretary of state

state auditor

state treasurer

attorney general

insurance commissioner

agriculture commissioner

public service commissioner

tax commissioner
N.D. Cent. Code § 16.1-10-06 — ND Code / Title 16.1 / Chapter 16.1-10 / Section 16.1-10-06
16.1-10-06. Electioneering within boundary of an open polling place
Status: in_force

16.1-10-06. Electioneering within boundary of an open polling place

1. An individual may not ask, solicit, or in any manner try to induce or persuade, any

voter within a polling place or within one hundred feet [30.48 meters] from the entrance

to the room containing a polling place while it is open for voting to vote or refrain from

voting for any candidate or the candidates or ticket of any political party or

organization, or any measure submitted to the people. The display upon motor

vehicles of adhesive signs which are not readily removable and which promote the

candidacy of any individual, any political party, or a vote upon any measure, and

political advertisements promoting the candidacy of any individual, political party, or a

vote upon any measure which are displayed on fixed permanent billboards, may not,

however, be deemed a violation of this section.

2. A vehicle or movable sign of any type containing a political message as described in

subsection 1 may be allowed to remain within the restricted area only for the period of

time necessary for the owner or operator of the vehicle or sign to complete the act of

voting.

3. Except as provided in subsection 1, a sign placed on private property which displays a

political message may not be restricted by a political subdivision, including a home rule

city or county, unless the political subdivision demonstrates a burden to the public

safety.
N.D. Cent. Code § 16.1-16-06 — ND Code / Title 16.1 / Chapter 16.1-16 / Section 16.1-16-06
16.1-16-06. Election contest to be tried as civil action - Precedence on court calendar
Status: in_force

16.1-16-06. Election contest to be tried as civil action - Precedence on court calendar

Election contest actions must be tried as civil actions to the court without a jury. The district

court shall set the hearing on the contest action not more than ten days after the filing of the

contest answer. Election contests must take precedence over regular court business so

elections are determined as soon as practicable. The district court judge shall order a special

term of the court if no term is in progress when the election contest complaint is filed.
N.D. Cent. Code § 16.1-07-32 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-32
16.1-07-32. Issuance of injunction or other equitable relief
Status: in_force

16.1-07-32. Issuance of injunction or other equitable relief

A court may issue an injunction or grant other equitable relief appropriate to ensure

substantial compliance with, or enforce, sections 16.1-07-18 through 16.1-07-33 on application

by:

1. A covered voter alleging a grievance under sections 16.1-07-18 through 16.1-07-33; or

2. An election official in this state.
N.D. Cent. Code § 16.1-11-11.1 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-11.1
16.1-11-11.1. Deadline for placing county and city measures on primary, general, or special election ballots
Status: in_force

16.1-11-11.1. Deadline for placing county and city measures on primary, general, or

special election ballots.

Notwithstanding any other provision of law, a county may not submit a measure for

consideration of the voters at a primary, general, or special statewide, district, or county election

after four p.m. on the sixty-fourth day before the election. A city that has combined its regular or

a special election with a primary, general, or special county election, according to the provisions

set forth in section 40-21-02, may not submit a measure for consideration of the voters at that

election after four p.m. on the sixty-fourth day before the election.
N.D. Cent. Code § 16.1-06-24 — ND Code / Title 16.1 / Chapter 16.1-06 / Section 16.1-06-24
16.1-06-24. Voting machines - Violations - Penalty
Status: repealed

16.1-06-24. Voting machines - Violations - Penalty

Repealed by S.L. 2003, ch. 171, § 33.
N.D. Cent. Code § 16.1-07-34 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-34
16.1-07-34. Emergency procedures to facilitate absentee voting
Status: in_force

16.1-07-34. Emergency procedures to facilitate absentee voting

If an international, national, state, or local disaster or emergency or other situation arises

which makes substantial compliance with the Uniformed and Overseas Citizens Absentee

Voting Act [42 U.S.C. 1973ff et seq.] impossible or impracticable, as confirmed by the existence

of armed conflict involving the armed forces of the United States or the mobilization of those

forces, including national guard and reserve component members of this state, by the

occurrence of a natural disaster or the existence of a state of emergency, civil unrest, war, or

other exigency in a foreign country, or by an official declaration by the governor that a state of

disaster or emergency exists, the secretary of state may prescribe special procedures or

requirements as may be necessary to facilitate absentee voting by those absent uniformed

services voters or overseas voters directly affected and who are eligible to vote in this state.
N.D. Cent. Code § 16.1-11-24 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-24
16.1-11-24. No-party primary ballot - Contents
Status: in_force

16.1-11-24. No-party primary ballot - Contents

There must be a separate ballot at all primary elections which must be entitled "no-party

primary ballot". The names of aspirants for nomination to each office must be arranged on the

no-party primary ballot in separate groups in their order. The separate ballot may be on the

same paper or electronic ballot, but the list of offices and candidates must be entitled "no-party

primary ballot" in a manner to indicate clearly the separation of the no-party list of offices and

candidates from the party list of offices and candidates. The names of all candidates for any of

the offices mentioned in section 16.1-11-08 must be placed on the ballot without party

designation. Immediately under the name of each office must be placed the language: "Vote for

no more than __________ name (or names)." The number inserted must be the number to be

elected to the office at the next succeeding general election.
N.D. Cent. Code § 16.1-14-05 — ND Code / Title 16.1 / Chapter 16.1-14 / Section 16.1-14-05
16.1-14-05. Filling of vacancy existing in office of presidential elector
Status: repealed

16.1-14-05. Filling of vacancy existing in office of presidential elector

Repealed by S.L. 2021, ch. 167, § 25.
N.D. Cent. Code § 16.1-08.1-07 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-07
16.1-08.1-07. Penalty
Status: in_force

16.1-08.1-07. Penalty

Except as otherwise provided, any person who willfully violates any provision of this chapter

is guilty of a class A misdemeanor.
N.D. Cent. Code § 16.1-05-09 — ND Code / Title 16.1 / Chapter 16.1-05 / Section 16.1-05-09
16.1-05-09. Election observers
Status: in_force

16.1-05-09. Election observers

1. Election observers must be allowed uniform and nondiscriminatory access to all

stages of the election process, including the certification of election technologies, early

voting, absentee voting, voter appeals, vote tabulation, and recounts. Any individual,

except a candidate whose name is on a ballot in a voting place where the ballot is

used, may be an election observer under this section if the individual informs the

election inspector of the individual's intent to serve as an election observer. Each

polling place must be arranged in a manner that permits each election observer to be

positioned in a location where the election observer can plainly view and hear the

occurrences of the polling place, without infringing on voter privacy.

2. An election observer must wear a badge with the name of the individual and the name

of any organization the individual is representing. An election observer may not wear

any campaign material advocating voting for or against a candidate or for or against

any position on a question on the ballot. An election observer may not interfere with

any voter in the preparation or casting of the voter's ballot or hinder or prevent the

performance of the duties of any election official.
N.D. Cent. Code § 16.1-12-08 — ND Code / Title 16.1 / Chapter 16.1-12 / Section 16.1-12-08
16.1-12-08. Vacancy occurring on ballot before election day but after ballots are printed - Stickers used
Status: repealed

16.1-12-08. Vacancy occurring on ballot before election day but after ballots are

printed - Stickers used.

Repealed by S.L. 2001, ch. 203, § 9.
N.D. Cent. Code § 16.1-03-20 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-20
16.1-03-20. Political parties may conduct presidential preference caucuses
Status: repealed

16.1-03-20. Political parties may conduct presidential preference caucuses

Repealed by S.L. 2009, ch. 181, § 1.
N.D. Cent. Code § 16.1-15-06 — ND Code / Title 16.1 / Chapter 16.1-15 / Section 16.1-15-06
16.1-15-06. Canvass report and pollbooks sent to county auditor - Compensation for making returns
Status: in_force

16.1-15-06. Canvass report and pollbooks sent to county auditor - Compensation for

making returns.

Immediately following the canvass, except in cases of emergency or inclement weather, the

inspector of elections, or one of the judges appointed by the inspector of elections, personally

shall deliver the signed canvass report provided for in section 16.1-15-04 to the county auditor.

The report, carefully sealed under cover, accompanied by the pollbook provided for in sections

16.1-02-13 and 16.1-06-21 with the oaths of the inspector and poll clerks affixed thereto, must

be delivered properly to the county auditor. The individual making the return is entitled to receive

compensation therefor in accordance with section 16.1-05-05. The compensation and mileage

must be paid out of the county treasury on a warrant of the county auditor and is full

compensation for returning all used or voided ballots to the proper official.
N.D. Cent. Code § 16.1-03-19 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-19
16.1-03-19. Organizations allowed to nominate statewide and legislative candidates
Status: repealed

16.1-03-19. Organizations allowed to nominate statewide and legislative candidates

Repealed by S.L. 2013, ch. 168, § 16.
N.D. Cent. Code § 16.1-11-10 — ND Code / Title 16.1 / Chapter 16.1-11 / Section 16.1-11-10
16.1-11-10. Applicant's name placed upon ballot - Affidavit to accompany petition
Status: in_force

16.1-11-10. Applicant's name placed upon ballot - Affidavit to accompany petition

Upon receipt by the secretary of state of the petition or certificate of endorsement provided

for in section 16.1-11-06 accompanied by the following affidavit, the secretary of state shall

place the applicant's name upon the primary election ballot in the columns of the applicant's

party as provided or within the no-party office for which the applicant desires nomination. Upon

receipt by the county auditor of the petition provided for in section 16.1-11-11 accompanied by

the following affidavit, the county auditor shall place the applicant's name upon the primary

election ballot within the no-party office for which the applicant desires nomination. The affidavit

may be filed electronically, through the mail, or by personal delivery. However, the affidavit must

be in the possession of the appropriate filing officer before four p.m. on the sixty-fourth day

before the primary election. If the affidavit is filed electronically, the candidate shall retain the

original copy. The affidavit must be substantially as follows:

State of North Dakota )

) ss.

County of ________ )

I, ______________, being sworn, say that I reside at ________________, in the city of

_______________, in the county of ______________ of North Dakota; and zip code of

________________; that I am a candidate for nomination to the office of _____________ to

be chosen at the primary election to be held on _____________, ______, and I request that

my name be printed upon the primary election ballot as provided by law, as a candidate of

the ______________ party for said office. I am requesting that my name be listed on the

ballot as I have identified my ballot name below. I understand that nicknames are allowed

as part of my ballot name, but titles and campaign slogans are not permissible. I have

reviewed the requirements to hold office and I certify that I am qualified to serve if elected.

_______________________________________

Ballot name requested

_______________________________________

Candidate's signature

Subscribed and sworn to before me on ______________, _____.

________________________________________

Notary Public

NOTARY SEAL My Commission Expires ____________________
N.D. Cent. Code § 16.1-05-02 — ND Code / Title 16.1 / Chapter 16.1-05 / Section 16.1-05-02
16.1-05-02. Qualifications of members of the board of election - Oath of office
Status: in_force

16.1-05-02. Qualifications of members of the board of election - Oath of office

1. a. Except as provided in subdivisions b and d, every member of the election board

and each poll clerk must be a qualified elector of a precinct within the polling

place boundaries in which the individual is assigned to work and must be eligible

to vote at the polling place to which the individual is assigned unless the county

auditor has exhausted all means to appoint election judges and clerks from within

the voting precinct under subsection 2 of section 16.1-05-01.

b. A student enrolled in a high school or college in this state who has attained the

age of sixteen is eligible to be appointed as a poll clerk if the student possesses

the following qualifications:

(1) Is a United States citizen or will be a citizen at the time of the election at

which the student will be serving as a member of an election board;

(2) Is a resident of this state and has resided in the precinct at least thirty days

before the election; and

(3) Is a student in good standing attending a secondary or higher education

institution.

c. A student appointed as a poll clerk may be excused from school attendance

during the hours that the student is serving as a poll clerk, including training

sessions, if the student submits a written request to be absent from school signed

and approved by the student's parent or guardian and by the school administrator

and a certification from the county auditor stating the hours during which the

student will serve. A student excused from school attendance under this

subdivision may not be recorded as being absent on any date for which the

excuse is operative. No more than two students may serve as poll clerks on an

election board.

d. An individual who has attained the age of sixteen and has graduated from high

school or obtained a general education degree from an accredited educational

institution is eligible to be appointed as a poll clerk if the individual meets the

qualifications of paragraphs 1 and 2 of subdivision b.

2. An individual may not serve as a member of the election board or as a poll clerk if the

individual:

a. Has anything of value bet or wagered on the result of an election.

b. Is a candidate in that election.

c. Is the 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 in that election.

3. Before assuming the duties, each member of the election board and each poll clerk

severally shall take and subscribe an oath in substantially the following form:

I do solemnly swear (or affirm as the case may be), that I will perform the duties

of inspector, judge, or clerk (as the case may be) according to law and to the best

of my ability, and that I will studiously endeavor to prevent fraud, deceit, and

abuse in conducting the same.

The oath may be taken before any officer authorized by law to administer oaths, and in

case no such officer is present at the opening of the polls, the inspector or election

judges shall administer the oath to each other and to the poll clerks. The individual

administering the oath shall cause an entry thereof to be made and subscribed by that

individual and prefixed to each pollbook.

4. An individual serving as a member of the election board, before each election, shall

attend a period of instruction conducted by the county auditor or the county auditor's

designated representative, provided that the period of instruction has been conducted

since the appointment of the election judges or election inspector.

5. If any member of the election board fails to appear at the hour appointed for the

opening of the polls, the remainder of the board shall select an individual to serve in

the absent individual's place. In filling a vacancy in the office of election judge, the

remainder of the board shall select an individual of the absent individual's political

party if such an individual is reasonably available. The office of election inspector or

clerk may be filled by any qualified individual without regard to political affiliation. If no

members of the election board appear at the hour appointed for opening the polls, the

qualified electors present shall call the county auditor, city auditor, or school business

manager, as appropriate, for instructions and then orally elect a board as nearly as

possible in conformity with this section.
N.D. Cent. Code § 16.1-08.1-02.3 — ND Code / Title 16.1 / Chapter 16.1-08.1 / Section 16.1-08.1-02.3
16.1-08.1-02.3. Pre-election, supplemental, and year-end campaign disclosure statement requirements for candidates, candidate committees, multicandidate committees, and nonstatewide political parties
Status: in_force

16.1-08.1-02.3. Pre-election, supplemental, and year-end campaign disclosure

statement requirements for candidates, candidate committees, multicandidate

committees, and nonstatewide political parties.

1. Prior to the thirty-first day before a primary, general, or special election, a candidate or

candidate committee formed on behalf of the candidate, a multicandidate political

committee, or a political party other than a statewide political party soliciting or

accepting contributions shall file a campaign disclosure statement that includes all

contributions received from January first through the fortieth day before the election. A

candidate whose name is not on the ballot and who is not seeking election through

write-in votes, the candidate's candidate committee, and a political party that has not

endorsed or nominated any candidate in the election is not required to file a statement

under this subsection. The statement may be submitted for filing beginning on the

thirty-ninth day before the election. The statement must include:

a. For each aggregated contribution from a contributor which totals in excess of two

hundred dollars received during the reporting period:

(1) The name and mailing address of the contributor;

(2) The total amount of the contribution; and

(3) The date the last contributed amount was received;

b. The total of all aggregated contributions from contributors which total in excess of

two hundred dollars during the reporting period;

c. The total of all contributions received from contributors that contributed two

hundred dollars or less each during the reporting period; and

d. For a statewide candidate, a candidate committee formed on behalf of a

statewide candidate, and a statewide multicandidate committee, the balance of

the campaign fund on the fortieth day before the election and the balance of the

campaign fund on January first.

2. Beginning on the thirty-ninth day before the election through the day before the

election, a person that files a statement under subsection 1 must file a supplemental

statement within forty-eight hours of the start of the day following the receipt of a

contribution or aggregate contribution from a contributor which is in excess of five

hundred dollars. The statement must include:

a. The name and mailing address of the contributor;

b. The total amount of the contribution received during the reporting period; and

c. The date the last contributed amount was received.

3. Prior to February first, a candidate or candidate committee, a multicandidate political

committee, or a nonstatewide political party soliciting or accepting contributions shall

file a campaign disclosure statement that includes all contributions received and

expenditures, by expenditure category, made from January first through December

thirty-first of the previous year. The statement may be submitted for filing beginning on

January first. The statement must include:

a. For a statewide candidate, a candidate committee formed on behalf of a

statewide candidate, and a statewide multicandidate committee, the balance of

the campaign fund on January first and on December thirty-first;

b. For each aggregated contribution from a contributor which totals in excess of two

hundred dollars received during the reporting period:

(1) The name and mailing address of the contributor;

(2) The total amount of the contribution; and

(3) The date the last contributed amount was received;

c. The total of all aggregated contributions from contributors which total in excess of

two hundred dollars during the reporting period;

d. The total of all contributions received from contributors that contributed two

hundred dollars or less each during the reporting period; and

e. The total of all other expenditures made during the previous year, separated into

expenditure categories.

4. A person required to file a statement under this section, other than a candidate for

judicial office, county office, city office, or school district office, or a candidate

committee for a candidate exempted under this subsection, shall report each

aggregated contribution from a contributor which totals five thousand dollars or more

during the reporting period. For these contributions from individuals, the statement

must include the contributor's occupation, employer, and the employer's principal place

of business.

5. A candidate for city office in a city with a population under five thousand and a

candidate committee for the candidate are exempt from this section. A candidate for

school district office in a school district with a fall enrollment of fewer than

one thousand students and a candidate committee for the candidate are exempt from

this section.

6. A candidate for county office and a candidate committee for a candidate for county

office shall file statements under this chapter with the county auditor. A candidate for

city office who is required to file a statement under this chapter and a candidate

committee for such a candidate shall file statements with the city auditor. A candidate

for school district office who is required to file a statement under this chapter and a

candidate committee for such a candidate shall file statements with the school district

business manager. Any other person required to file a statement under this section

shall file the statement with the secretary of state.

7. The filing officer shall assess and collect fees for any reports filed after the filing

deadline.

8. To ensure accurate reporting and avoid commingling of campaign and personal funds,

candidates shall use dedicated campaign accounts that are separate from any

personal accounts.
N.D. Cent. Code § 16.1-03-04 — ND Code / Title 16.1 / Chapter 16.1-03 / Section 16.1-03-04
16.1-03-04. Candidates elected at caucus - Tie vote - Canvassing vote
Status: repealed

16.1-03-04. Candidates elected at caucus - Tie vote - Canvassing vote

Repealed by S.L. 1997, ch. 189, § 12.
N.D. Cent. Code § 16.1-07-14 — ND Code / Title 16.1 / Chapter 16.1-07 / Section 16.1-07-14
16.1-07-14. Penalty
Status: in_force

16.1-07-14. Penalty

Any person who violates any of the provisions of this chapter is guilty of a class A

misdemeanor.