Title 16.1, Elections

Except to fill a vacancy occurring on the ballot, an individual who was a candidate for nomination by any party or a candidate for a no-party office at any primary election in any year and who was defeated for the nomination may not have that individual's name printed upon the of…

The no-party ballot must be prepared, printed, distributed, canvassed, and returned in the same manner provided for other general election ballots.

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, …

If a vacancy occurs in the office of representative in Congress due to a catastrophic circumstance in which one hundred or more representatives across the United States are no longer able to serve and the next regular or special election is more than seventy-five days in the futu…

If a candidate for an office of a member of the legislative assembly who has died or become disqualified for the office receives enough votes to be elected except for the death or disqualification, a vacancy in the office is deemed to exist, and must be filled according to sectio…

Any individual who receives a certificate of election as a member of the legislative assembly may resign the office even if the individual has not entered upon the execution of the duties of the office or taken the requisite oath of office.

A notice of a special election and the copy of the sample ballot must be issued and published in substantially the form and manner prescribed by section 16.1-13-05.

Votes cast at special elections must be canvassed and returned as provided for primary and general elections, and the county auditor within eight days shall forward to the secretary of state the abstracts of the same.

If a special election is called to fill a vacancy in any office for which a party nomination may be made, the proper party committee shall call a convention to make a party nomination for the office, and the district must be duly convened and shall elect the required number of de…

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 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.

All nominations made by a convention as provided in this chapter must be certified. The certificate must be delivered by the secretary or president of the convention by registered or certified mail or in person, without charge, to the secretary of state. The certificates of nomin…

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 …

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.

Before declaring the polls open, the inspector and the election judges shall inspect the ballot box to assure that it is empty. The ballot box must then be locked. While the polls are open, the ballot box must remain locked except as may be necessary to clear a ballot jam or to m…

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.

The inspector or one of the election judges shall deliver ballots to the qualified electors. The inspector or judge delivering the paper ballot shall inform each elector that if the ballot is not initialed by an election official it will be invalidated and to protect the elector'…

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 elec…

The provisions of this title do not prevent any elector from writing on the paper ballot or entering by touchscreen or other data entry device, the name of any individual for whom the elector desires to vote, and the vote must be counted according to the provisions for the counti…

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 m…

Any individual chosen to assist a voter who requests the assisted voter to vote for or against any person or any issue is guilty of a class B misdemeanor.

The inspector of elections shall provide a sufficient number of voting booths or compartments in the inspector's polling place, which must be designed to enable the elector to mark, or in the case of ballot marking devices, enter by touchscreen or other data entry device, the ele…

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.

An individual may not take or remove any ballot from the polling place before the close of the polls.

If any elector spoils a ballot before casting the ballot in the ballot box, the elector may obtain others successively, one at a time, not exceeding three in all, upon returning each spoiled ballot. Each paper ballot returned must be canceled immediately and, together with those …

All provisions of law relating to the conduct of elections apply as closely as possible to elections at which electronic voting systems are used.

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…

A citizen of the United States who, immediately before the citizen's relocation to this state, was a citizen of another state and who has been a resident of the precinct for less than thirty days before a presidential election, is entitled to vote for presidential electors at the…

A citizen of the United States who was a qualified elector in this state immediately before establishing residence in another state and who has not qualified for voting purposes due to the residency requirement of that state may vote in this state for president and vice president…

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…

The county auditor immediately shall mail a duplicate of the application for a presidential elector ballot to the appropriate official of the state in which the applicant last resided.

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 an…

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…

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…

The county auditor shall keep open for public inspection a list of all individuals who have applied to vote for presidential electors as new residents with their names, addresses, and application dates for two years.

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 …

Except as provided in sections 16.1-13-35 through 16.1-13-44, the provisions of law relating to absent voters' ballots apply also to the casting and counting of presidential elector ballots of new residents, the furnishing of election supplies, ballots, canvassing of ballots, and…