Title 16.1, Elections
19 chapters · 332 sections in this title.
N.D.C.C. § 16.1-15-01 Ballots void and not counted - Part of ballot may be counted
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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 …
N.D.C.C. § 16.1-15-01.1 Counting write-in votes
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1. A canvassing board may not be required to list in the official abstract of votes: a. The number of write-in votes for an individual required to file a certificate of write-in candidacy under section 16.1-12-02.2 but who has failed to file a certificate of candidacy and be cert…
N.D.C.C. § 16.1-15-02 Board of election to generate canvass reports - Location - Public may attend
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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 pollb…
N.D.C.C. § 16.1-15-04 Canvass report prepared by election board for county auditor
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The election board shall generate at least one canvass report from the electronic voting system. The ballots may not be sealed, nor may the canvass report be signed, by the election board or poll clerk until the counts in the poll clerks' books and in the canvass report shows the…
N.D.C.C. § 16.1-15-05 Oath required of members of election board upon completion of canvass - Contents
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At the conclusion of the canvass of the votes, each member of the election board shall sign an affidavit to the effect that the ballots have been counted and the votes canvassed as provided in this chapter and that the returns as disclosed by the canvass report agree with the num…
N.D.C.C. § 16.1-15-06 Canvass report and pollbooks sent to county auditor - Compensation for making returns
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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 audi…
N.D.C.C. § 16.1-15-07 County auditor not to refuse election returns if delivered in undirected manner - Informality in holding election
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A county auditor may not refuse any election returns because they may have been returned or delivered to the auditor in a manner other than that directed by this chapter, nor may the auditor refuse to include any returns because of any informality in holding an election or in mak…
N.D.C.C. § 16.1-15-08 Wrapping and returning of ballots to county recorder - Ballots set aside to election official administering the election
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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 toget…
N.D.C.C. § 16.1-15-09 Voting systems - Returns
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1. Election officers shall generate reports of votes cast and counted by voting systems for all candidates and for any measures or questions as provided by law or rule. 2. Within the ability of a tabulation device to accurately do so, all votes must be counted by the machine. Aft…
N.D.C.C. § 16.1-15-10 Failure of voting system - Counting by alternate method
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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.C.C. § 16.1-15-12 Care and custody of ballot boxes and voting machines
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Ballot boxes and voting machines are to be under the care and custody of the county auditor and assigned staff members.
N.D.C.C. § 16.1-15-13 County recorder to keep ballots - Exception - Use of ballots as evidence
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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 for…
N.D.C.C. § 16.1-15-14 Failure to comply with formalities not to invalidate election - Evidence of compliance
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Failure by election board officers to comply with any of the formalities required by this chapter as to the return of the ballots does not invalidate any election nor cause any ballot otherwise regular to be disregarded. Any omission or irregularity in the manner of identifying o…
N.D.C.C. § 16.1-15-15 County canvassing board - Composition
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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 ele…
N.D.C.C. § 16.1-15-16 Qualifications of members of canvassing board - Replacements - Quorum
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A member of the county 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 county canvassing board is a candidate or husband, wife, father, mother, father-in-law, mother-in-law, son, daughter, so…
N.D.C.C. § 16.1-15-17 Time of county canvassing board meeting - Oath required - Reconsideration of canvass
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On the thirteenth day following each election, the county canvassing board shall meet and, after taking the oath of office, shall proceed to open and publicly canvass the returns. After the initial meeting of the board as provided in this section, any two or more members may call…
N.D.C.C. § 16.1-15-18 Compensation as members of board
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Each member of the county canvassing board who is not a paid official of the county, while serving as a member of the county canvassing board, shall receive compensation in accordance with section 16.1-05-05. The compensation and mileage must be audited, allowed, and paid by the …
N.D.C.C. § 16.1-15-19 County canvassing board to disregard technicalities, misspelling, and abbreviations - Ballots set aside - Write-in votes canvassed - Votes from unestablished polling places disregarded
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In canvassing the election returns, the county canvassing board shall disregard technicalities, misspelling, and the use of initial letters or abbreviations of the name of any candidate for office if it can be ascertained for whom the vote was intended. Under section 16.1-01-04.1…
N.D.C.C. § 16.1-15-20 County canvassing board may subpoena members of election board to correct errors - Failure to obey subpoena is a contempt
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When the returns of the election board officers are made to the county canvassing board, if any provision of law relative to the duties of the election board officers has not been complied with by the officers and the provision of law is capable of correction by the election boar…
N.D.C.C. § 16.1-15-21 Primary election statement prepared by county canvassing board - Contents
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The county canvassing board, upon canvassing the returns of a primary election, shall prepare an abstract signed by the members of the board and filed in the office of the county auditor. A separate abstract of the votes cast must be transmitted to the secretary of state accordin…
N.D.C.C. § 16.1-15-22 County auditor to transmit abstract of votes to secretary of state after primary election
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The county auditor of each county shall provide to the secretary of state the certified abstract detailed in section 16.1-15-21, under separate political designation or principle, or no-party designation, as the case may be, of the total number of votes cast in the auditor's coun…
N.D.C.C. § 16.1-15-23 Notice of nomination given candidate for county office by county auditor - Publication of findings of canvassing board
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Upon the completion of the canvass of the returns of a primary election by the county canvassing board, the county auditor shall mail or deliver in person to each candidate nominated for any county office a certificate of the candidate's nomination and notice that the candidate's…
N.D.C.C. § 16.1-15-24 Abstracts of votes of general election made by county canvassing board - Contents
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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.C.C. § 16.1-15-25 County auditor to forward abstract of votes of general election to secretary of state - Contents - Abstract for presidential electors
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Before four p.m. on the thirteenth day following any general election, the county auditor of each county shall provide to the secretary of state a certified abstract of the votes cast in the county at the election according to the reporting instructions specified by the secretary…
N.D.C.C. § 16.1-15-26 Notification of date of receiving returns in secretary of state's office
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An electronic notification of the date of reception of all returns of votes in the secretary of state's office must be made to each county auditor.
N.D.C.C. § 16.1-15-27 Abstract of votes - Secretary of state to record - Failure of county auditor to send - Messenger dispatched
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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. …
N.D.C.C. § 16.1-15-28 Certificate of election for officers elected in county at general election
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Immediately after the canvass of the general election returns by the county canvassing board, the county auditor shall prepare a certificate of election for each of the persons having the highest number of votes for county offices and shall deliver the certificate to the person e…
N.D.C.C. § 16.1-15-29 Determining tie vote in county offices
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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 …
N.D.C.C. § 16.1-15-30 Determining tie vote for legislative assembly
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If the requisite number of individuals is not elected to the state senate or house of representatives because two or more individuals have equal and the highest number of votes for one and the same office, a recount must be done pursuant to section 16.1-16-01. If a recount result…
N.D.C.C. § 16.1-15-31 County auditor to make certificate for payment of election officials - Payment
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Upon receipt of the returns of any election, the county auditor shall prepare the county auditor's certificate stating the compensation to which the inspectors, judges, and clerks of election are entitled for their services. The county auditor shall deliver the certificate to the…
N.D.C.C. § 16.1-15-32 County auditor to publish returns of election
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The county auditor shall cause to be published in tabular form in the official county newspaper the vote by precincts for each officer and each proposition voted for at any primary, special, or general election. The publication must be paid for at a rate not to exceed the rate pa…
N.D.C.C. § 16.1-15-33 State canvassing board - Membership - Oath - Quorum - Compensation
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The clerk of the supreme court, the secretary of state, the state treasurer, and the chairman, or chairman's designee, of the state committee of the two political parties which cast the highest vote for governor at the last general election at which a governor was elected shall c…
N.D.C.C. § 16.1-15-34 Member of state canvassing board - When disqualified
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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-…
N.D.C.C. § 16.1-15-35 Meeting of state canvassing board
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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 m…
N.D.C.C. § 16.1-15-36 Returns to be canvassed by state canvassing board
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The state canvassing board, in canvassing to ascertain the result of any election, shall canvass only the regular returns made by the county canvassing board as provided in this chapter.
N.D.C.C. § 16.1-15-37 Examination of abstracts by state canvassing board - Messenger dispatched to county when error discovered
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After the state canvassing board is formed, the board shall examine the certified abstracts of the county canvassing boards and verify the computed final results as provided in section 16.1-15-33. If it appears that any material mistake has been made in the computation of votes c…
N.D.C.C. § 16.1-15-38 Adjournment of state canvassing board
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The state canvassing board may adjourn from day to day, not exceeding three days in all, except that the board may adjourn for the time necessary to await the return of a messenger dispatched as provided in section 16.1-15-37.
N.D.C.C. § 16.1-15-39 Disagreements in canvassing returns by canvassing board - Disregarding technicalities, misspelled words, and abbreviations
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In canvassing the returns and verifying the computed final results received from the various counties, a majority of the members of the state canvassing board shall decide all matters of disagreement. The board shall disregard all technicalities, misspelling, the use of initial l…
N.D.C.C. § 16.1-15-40 Abstract prepared by state canvassing board for primary election - Contents - Signing - Candidate notified of nomination
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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 ca…
N.D.C.C. § 16.1-15-41 Statements of general or special election prepared by state canvassing board - Contents
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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…
N.D.C.C. § 16.1-15-42 Certificate of result of general or special election by state canvassing board - Secretary of state to receive
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The statements provided for in section 16.1-15-41 must be certified by the members of the state canvassing board who shall subscribe their names to the statements. The board then shall determine what individuals have been duly elected to the offices, shall prepare and subscribe o…
N.D.C.C. § 16.1-15-43 When special election ordered
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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.C.C. § 16.1-15-44 Secretary of state to record statement of general or special election, prepare certificates of election, publish abstract
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After receiving each certified statement and determination made by the state canvassing board, the secretary of state shall record the same in the secretary of state's office and shall prepare, and transmit to each of the individuals declared to be elected, a certificate of elect…
N.D.C.C. § 16.1-15-45 Form of certificate of election for state officers - Signatures
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A certificate of election must be prepared by the secretary of state for each individual elected to a state or a district office. The certificate must be signed by the governor and the secretary of state, have the great seal of the state affixed, and be attested by at least one o…
N.D.C.C. § 16.1-15-46 Members of legislative assembly to receive certificates of election
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At the time election certificates are issued to state and district officers, the secretary of state shall issue certificates of election to all members of the legislative assembly.
N.D.C.C. § 16.1-15-47 Certificate of election to member of Congress - Signing - Delivering
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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.C.C. § 16.1-15-48 Canvassing returns of constitutional amendment or other proposition - Certified abstract of result - Contents
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For the purpose of canvassing and ascertaining the result of the votes cast at any election upon any proposed amendment to the constitution, or any other proposition submitted to a vote of the people, the state canvassing board shall proceed to examine the abstracts received by t…
N.D.C.C. § 16.1-15-49 Certified statement and determination of results of constitutional amendments and propositions recorded by secretary of state - Publishing
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The certified statement and determination provided for in section 16.1-15-48 must be recorded by the secretary of state. If it appears that a constitutional amendment or other proposition has been approved, ratified, or adopted, the secretary of state shall arrange for the text o…