Title 16.1, Elections

The officers specified in section 16.1-07-05, upon request, shall provide an application form for an absent voter's ballot to the voter or may deliver the application form to the voter upon a personal application made at the officer's office. The officers also may make available …

1. Upon receipt of an application for an official ballot properly filled out and duly signed, or as soon after receipt of the application as the official ballot for the precinct in which the applicant resides has been prepared, the county auditor, city auditor, or business manage…

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 fo…

Upon receipt of an envelope containing the absent voter's ballot, the proper officer immediately shall attach the application of the absent voter and file the ballot with other absentee ballots from the same precinct. If the election official has reason to suspect the signature o…

1. At any time beginning three business days before election day and ending when the polls close on election day, the election clerks and board members of the relevant polling place first shall compare the signature on the application for an absent voter's ballot with the signatu…

1. For any primary, general, or special statewide, district, or county election, the board of county commissioners shall create a special precinct, known as an absentee ballot precinct, to count all absentee ballots cast in an election in that county. The election board of the ab…

1. If an election official, absentee ballot precinct election board, or the canvassing board has reason to suspect the absent voter's signatures on the application and the affidavit on the returned ballot envelope do not match, the election official shall notify the absent voter …

Any person who violates any of the provisions of this chapter is guilty of a class A misdemeanor.

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 vot…

The secretary of state is designated as the official responsible for providing information regarding absentee voting by military and overseas citizens eligible to vote in the state according to section 702 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116 Stat. 1666; 42 …

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 re…

In sections 16.1-07-18 through 16.1-07-33: 1. "Covered voter" means: a. A uniformed-service voter whose voting residence is in this state; b. An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency require…

The voting procedures in sections 16.1-07-18 through 16.1-07-33 apply to: 1. A general, special, or primary election for federal office. 2. A general, special, or primary election for statewide or state legislative office or state ballot measure. 3. A general, special, or primary…

1. The secretary of state is responsible for implementing sections 16.1-07-18 through 16.1-07-33 and the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff et seq.]. 2. The secretary of state shall make available to covered vo…

1. A covered voter may apply for a military-overseas ballot using either the absentee ballot application under this chapter or the federal postcard application, as prescribed under the Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff (b) (2)] or the applicati…

An application for a military-overseas ballot is timely if received by the appropriate election official before the close of business on the day before the election. An application for a military-overseas ballot for a primary election, whether or not timely, is effective as an ap…

1. For all covered elections for which this state has not received a waiver under the Military and Overseas Voter Empowerment Act [42 U.S.C. 1973ff-1(g)(2)] not later than forty-five days before the election or, if the forty-fifth day before the election is a weekend or holiday, …

To be valid, a military-overseas ballot must be submitted for mailing or other authorized means of delivery not later than the close of polls on election day at the place where the voter completes the ballot. A military-overseas ballot must be received by the appropriate election…

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.

1. A valid military-overseas ballot cast in accordance with section 16.1-07-24 must be counted if it is delivered before the canvassing board meets to canvas the returns. 2. If, at the time of completing a military-overseas ballot and balloting materials, the voter has affirmed u…

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.

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 r…

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-firs…

1. If a voter's mistake or omission in the completion of a document under sections 16.1-07-18 through 16.1-07-33 does not prevent determining whether a covered voter is eligible to vote, the mistake or omission does not invalidate the document. Failure to satisfy a nonessential r…

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 …

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 an…

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 …