Title 16.1, Elections
19 chapters · 332 sections in this title.
N.D.C.C. § 16.1-14-01 Canvassing votes for presidential electors - Tie vote
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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 …
N.D.C.C. § 16.1-14-02 Secretary of state to prepare certificates of election
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The secretary of state shall prepare certificates of election for each presidential elector chosen at the election. Each certificate must be signed by the governor and the secretary of state and the great seal of the state must be affixed thereto. One certificate must be delivere…
N.D.C.C. § 16.1-14-03 Proclamation of result by governor - Publishing - Certificate of election
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Within ten days after the state canvassing board completes the canvass of the votes cast for presidential electors, as certified by the auditors of the respective counties, the governor shall declare by proclamation, to be printed in the official county newspaper printed and publ…
N.D.C.C. § 16.1-14-04 Meeting of presidential electors
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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. …
N.D.C.C. § 16.1-14-06 Compensation of presidential electors
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The electors provided for in this chapter shall receive the same per diem and the same mileage as members of the legislative assembly.
N.D.C.C. § 16.1-14-07 Board for trial of contest of presidential electors - How constituted - Oath
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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 suc…
N.D.C.C. § 16.1-14-08 Contestant may apply to board
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A group of electors of a presidential candidate not listed in the proclamation of the governor issued according to section 16.1-14-03 and who received at least one-fifth of the votes cast at an election for presidential electors, as certified by the state canvassing board, may ap…
N.D.C.C. § 16.1-14-09 Application to state grounds of contest
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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…
N.D.C.C. § 16.1-14-10 Notice to individuals contested
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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. Notic…
N.D.C.C. § 16.1-14-11 Appearance by parties to contest
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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…
N.D.C.C. § 16.1-14-12 Hearing - How conducted
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The board shall hear the contest and decide all questions of law and fact involved. The burden of proof in each case is on the petitioners. The hearing is confined to the grounds stated in the petition, but the board may allow the petition to be amended. Ex parte affidavits are n…
N.D.C.C. § 16.1-14-13 Certification of determination of board
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The board shall determine in each case which of the parties to the proceedings are entitled to the office of elector, and shall cause the board's determination to be entered of record in a manner and form as the board shall direct, and shall certify the same to the governor and s…
N.D.C.C. § 16.1-14-14 Failure of petitioners to appear - Effect
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If any petitioners fail to appear and prosecute their petition against the individuals who have been made respondents, according to the requirements of this chapter and of any rules made by the board, the board shall determine the petitioners have failed, and shall cause the dete…
N.D.C.C. § 16.1-14-15 Costs - Taxation
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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 …
N.D.C.C. § 16.1-14-16 Determination of final hearing
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The final hearing and determination under the provisions of this chapter must be by a majority of the board, but any single member may exercise any of the other powers given to the board by this chapter.
N.D.C.C. § 16.1-14-17 Mileage and per diem of board members
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The members of the board trying the presidential election contest must be compensated in the same manner as state officers pursuant to sections 44-08-04 and 54-06-09.