Title 16.1, Elections

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 …

The legislative assembly declares that public office is a public trust, and in order to continue the faith and confidence of the people of the state in that trust and in their government, the people have a right to be assured that the interest of holders of or candidates for publ…

1. Every candidate for elective office shall sign and file the statement of interests as required by this chapter. In a year when a president and vice president of the United States are to be chosen, presidential and vice presidential candidates shall file with the secretary of s…

The statement of interests required to be filed under this chapter applies to the candidate or appointee and that person's spouse and must include: 1. The name of the business or employer and an identification of the principal source of income, defined in the state income tax ret…

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 reportin…

The secretary of state, or the county or city auditor, when appropriate shall: 1. Accept and file any statement submitted pursuant to this chapter. 2. Make statements filed available for public inspection and copying during regular office hours. A reasonable fee may be charged to…

Upon a complaint, signed under penalty of perjury, by any person, or upon the motion of the attorney general or a state's attorney, the attorney general or state's attorney shall investigate any alleged violation of this chapter. The investigation and its proceedings are confiden…

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 …

A person is guilty of corrupt practice within the meaning of this chapter if the person willfully engages in any of the following: 1. Expends any money for election purposes contrary to the provisions of this chapter. 2. Engages in any of the practices prohibited by section 12.1-…

1. No person may use any property belonging to or leased by, or any service which is provided to or carried on by, either directly or by contract, the state or any agency, department, bureau, board, commission, or political subdivision thereof, for any political purpose. 2. The f…

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 …

1. A person is guilty of a class A misdemeanor if the person knowingly, or with reckless disregard for its truth or falsity, publishes a political advertisement or news release containing an assertion, representation, or statement of fact, including information concerning a candi…

Every political advertisement by newspaper, pamphlet or folder, display card, sign, poster, or billboard, website, or by any other similar public means, on behalf of or in opposition to any candidate for public office, designed to assist, injure, or defeat the candidate by reflec…

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, …

No person may pay or give anything of value to the owner, editor, publisher, or agent of any newspaper or other periodical, or radio or television station, to induce the person to advocate editorially or to oppose any candidate for nomination or election, and no such owner, edito…

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 an…

No person may pay any individual for: 1. Any loss or damage due to attendance at the polls; 2. Registering; 3. The expense of transportation to or from the polls; or 4. Personal services to be performed on the day of a caucus, primary election, or any election which tend in any w…

A person may not approach a person attempting to enter a polling place, or who is in a polling place, for the purpose of selling, soliciting for sale, advertising for sale, or distributing any merchandise, product, literature, or service. A person may not approach a person attemp…

If any individual is found guilty of any corrupt practice, the individual must be punished by being deprived of the individual's government job, or the individual's nomination or election must be declared void, as the case may be. This section does not remove from office an indiv…

Any person violating any provision of this chapter, for which another penalty is not specifically provided, is guilty of a class A misdemeanor.

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 o…

1. An individual may not participate directly or indirectly in the endorsement for nomination of more than one individual for each office to be filled, except an individual may sign a petition for placement of a candidate's name on the primary ballot: a. For more than one individ…

1. Every candidate for United States senator, United States representative, a state office, including the office of state senator or state representative, and judges of the supreme and district courts shall present to the secretary of state, between the first date candidates may …

No reference may be made to a party ballot or to the party affiliation of a candidate in a petition and affidavit filed by or on behalf of a candidate for nomination in the primary election to an elective county office, the office of judge of the supreme court, judge of the distr…

A certificate of endorsement filed with the proper officer as provided in this chapter must be in substantially the following form: CERTIFICATE OF ENDORSEMENT I, ______________, do certify that I am the state (district) chairman of the ______________ political party of the ______…

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…

Every candidate for a county office shall present a petition to the county auditor of the county in which the candidate resides between the first date candidates may begin circulating nominating petitions according to this chapter and four p.m. of the sixty-fourth day before any …

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 regula…

1. Upon receipt of the petition or certificate of endorsement provided for in section 16.1-11-06, accompanied by an affidavit as provided in section 16.1-11-10, the secretary of state shall place the name of the applicant on the primary election ballot in the party or appropriate…

No nominating petition provided for in sections 16.1-11-06 and 16.1-11-11 may be circulated or signed prior to January first preceding the primary election. Any signatures to a petition secured before that time may not be counted. A nominating petition for a special election may …