Title 16.1, Elections

1. If a legislative district chooses to organize by precinct in every odd-numbered year, the district committee of each party shall meet within fifteen days after the caucus provided for in section 16.1-03-01. The day, hour, and site must be set by the existing district committee…

The state committee of each party consists of the chairman of each of the district committees of the party and any individual provided for in the bylaws of the state committee.

The state committee shall meet on or before July first of each odd-numbered year. The committee shall organize by selecting officers as provided for by the state committee bylaws and by adopting rules and modes of procedure, including rules and procedures regarding the selection …

1. The party state committee shall set the place and time of the state party convention to be held in each general election year. Subject to party rules and bylaws, the state party convention may: a. Nominate the legal number of elector nominees and alternate elector nominees for…

If redistricting of the legislative assembly becomes effective after the organization of political parties as provided in this chapter and before the primary or the general election, the political parties in each of the following districts shall organize or reorganize as closely …

A political organization may not endorse candidates or have candidates petition for president, vice president, Congress, statewide office, or legislative office as set forth in chapter 16.1-11, unless the organization: 1. Organized according to all requirements of this chapter; 2…

1. Officers and executive committee members are immune from civil liability for any act or omission relating to their service or function as an officer or executive committee member, unless the act or omission constitutes gross or willful negligence or gross or willful misconduct…

1. The board of county commissioners of each county: a. Shall divide the county into precincts and establish the precinct boundaries, except that within the boundaries of any incorporated city, the governing body of the city shall divide the city into precincts and establish thei…

The board of county commissioners of each county: 1. Shall designate one or more polling places for each precinct. However, the polling places for precincts located within the boundaries of any incorporated city must be designated, and altered if required, by the governing body o…

At each primary, general, and special statewide or legislative district election, and at county elections, each polling place must have an election board in attendance. The election board must consist of an election inspector and at least two election judges. Counties utilizing p…

1. a. Except as provided in subdivisions b and d, every member of the election board and each poll clerk must be a qualified elector of a precinct within the polling place boundaries in which the individual is assigned to work and must be eligible to vote at the polling place to …

1. Not less than thirty days before any primary, general, or special election, the secretary of state shall provide an instruction manual approved by the attorney general, which in layman's terms presents in detail the responsibilities of each election official. The secretary of …

1. The election inspector shall supervise the conduct of the election to ensure all election officials are properly performing their duties at the polling place. The election inspector shall assign duties so as to equally and fairly include both parties represented on the electio…

The county auditors shall pay at least the state minimum wage to the relevant election officials. Members of the election board and poll clerks who attend the training sessions provided by section 16.1-05-03 must be paid at least the state minimum wage for the hours in attendance…

1. Before delivering a ballot to an individual in any election, the poll clerks shall require the individual to show a valid form of identification with the information required under section 16.1-01-04.1. 2. a. When verifying an individual's eligibility or when entering the name…

The county auditor shall provide each precinct election board with an accurate precinct map or precinct finder to assist the election board member in determining whether an address is located in that precinct and for determining which precinct and polling place to which to direct…

1. Election observers must be allowed uniform and nondiscriminatory access to all stages of the election process, including the certification of election technologies, early voting, absentee voting, voter appeals, vote tabulation, and recounts. Any individual, except a candidate …

Except for local elections, election ballots must be printed and distributed at county expense. For a local election, the expense must be a charge against the local subdivision in which the election is held. For the purpose of this chapter, local elections include elections in to…

For a local election, the ballots must be printed and distributed under the direction of the auditor or clerk of the local subdivision. For all other elections, the secretary of state shall prescribe a printing vendor. Ballots must be printed and distributed under the direction o…

The official ballot prepared by the county auditor or the local auditor or clerk must contain the name of each candidate whose name has been certified to or filed with such auditor or clerk in the manner provided in this title. Ballots other than official ballots prepared by the …

1. All official ballots prepared under this title must: a. Be printed on uniform quality and color of paper in an ink color suitable to make the ballot clearly legible and compatible with the voting system requirements necessary to tabulate the votes. b. Be of sufficient length t…

The official ballots provided for in this title for partisan election at general elections must be prepared as follows: 1. The ballots must be of sufficient length and width to contain a continuous listing of the designation of all the offices to be voted for. 2. On the top left-…

In addition to the ballots prepared pursuant to section 16.1-06-05, ballots must be prepared containing only the names of duly certified candidates for presidential electors for use by persons authorized to vote for those offices by law. The provisions of this title regarding the…

1. In presidential election years the ballot provided for in section 16.1-06-05 must include the designation of the office of president and vice president as the first listing of the continuous listing of the designation of each office to be voted for. The names of presidential e…

There must be a separate no-party ballot at the general election upon which must be placed the names of all candidates who have been nominated on the no-party primary ballot at the primary election. Such ballots must be in the same form as the no-party primary ballot and must be …

1. Constitutional amendments or measures, initiated measures, and referred measures, duly certified to the county auditor by the secretary of state, or any other question or measure to be voted on, except the election of public officers at any primary, general, or special electio…

Voting systems may be used in accordance with this chapter. Voting systems may be procured, provided the systems being procured have been approved and certified for procurement and use in the state by the secretary of state according to section 16.1-06-26. The system then may be …

As used in this title with regard to voting systems: 1. "Ballot" means a paper ballot from which the votes for candidates and questions are tabulated by hand or by a voting system. The term includes the digital image of a marked ballot captured by a voting system. 2. "Ballot mark…

Any voting system used in an election in this state must: 1. Provide facilities for voting for nominated candidates, for persons not in nomination, and upon questions or measures submitted to the voters. 2. Permit each voter to vote for as many persons for any office as the voter…

1. All voting systems used in this state must be tested according to guidelines established by the secretary of state and as follows to ascertain whether the automatic tabulating equipment will accurately count the votes cast for all offices and measures. The testing must be cond…

For each election precinct in the county, the county auditor shall provide the number of ballots the auditor determines to be necessary. Each county auditor shall: 1. Have the ballots printed at least fifteen days before the election and available for public inspection at the aud…

At the same time as other election supplies are provided and distributed, the county auditor shall provide: 1. A sufficient number of voting system devices and ballots. 2. One facsimile diagram of the entire face of the voting system devices as the devices will appear while the p…

County auditors shall deliver, or cause to be delivered, by reliable method, to the inspector of elections in each polling place the official ballots. The ballots must be delivered in sealed packages marked plainly with the name of the precinct. The county auditor also shall deli…

Each county auditor shall have posters printed, in large type, containing full instructions to electors on obtaining and voting ballots and a copy of section 16.1-01-12, any federal laws regarding prohibitions on acts of fraud and misrepresentations, and general information on vo…

In addition to other duties provided by law, the election inspector and judges shall provide adequate instruction on the use of the voting device to each voter before the voter enters the voting booth.

The county auditor shall see that one paper or electronic pollbook is delivered to the election inspector in each election precinct or polling place in the county. The election inspector shall deliver the pollbook, or cause the pollbook to be delivered, to the clerks of election …

The board of county commissioners, at the expense of the county, shall provide suitable ballot boxes for each election polling place in the county.

The secretary of state shall send instructions for generating reports for all returns of votes required to be made to the secretary of state's office.

Any person who violates any of the provisions of this chapter relating to voting systems, who tampers with or injures any voting system or device to be used or being used in any election, or who prevents the correct operation of any such system or device to be used or being used …

1. The secretary of state may adopt rules according to subsection 3 of section 16.1-01-01 for certifying and decertifying voting systems authorized in section 16.1-06-11, including any software, hardware, and firmware components used as a part of a voting system device for use an…

Any qualified elector of this state may vote an absent voter's ballot at any general, special, or primary state election, any county election, or any city or school district election. An elector who votes by absentee ballot may not vote in person at the same election.

The county auditor, or any other officer required by law to prepare any general, special, or primary state election ballots or any county election ballots, shall prepare, have printed, and deliver to the county auditor at least forty days before the holding of any general, specia…

1. At any time in an election year, any qualified elector may apply to the county auditor, the auditor or clerk of the city, or the business manager of the school district, as the case may be, by personal delivery, facsimile, electronic mail or otherwise, for an official ballot t…

1. Application for an absent voter's or mail ballot must be made on a form, prescribed by the secretary of state, to be furnished by the proper officer of the county, city, or school district in which the applicant is an elector, or any form, approved by the secretary of state, c…

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…