23.0409.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1317
of North Dakota
Introduced by
Representatives Kasper, Hoverson, Koppelman, Louser, Motschenbacher, Rohr, D. Ruby,
Steiner
Senators Clemens, Hogue, Myrdal, Vedaa
1 A BILL for an Act to amend and reenact subsection 1 of section 16.1-01-01, section 16.1-01-07,
2 subsection 5 of section 16.1-05-04, section 16.1-06-03, subdivision a of subsection 1 of section
3 16.1-06-04, and sections 16.1-06-08, 16.1-06-11, 16.1-06-12, 16.1-06-14, 16.1-06-15,
4 16.1-06-20, 16.1-06-25, 16.1-06-26, 16.1-11-24, 16.1-11-27, 16.1-11-35, 16.1-13-25,
5 16.1-13-29, 16.1-15-02, 16.1-15-04, 16.1-15-09, 16.1-15-10, and 40-21-09 of the North Dakota
6 Century Code, relating to electronic voting devices and electronic voting systems; and to repeal
7 section 16.1-06-17 of the North Dakota Century Code, relating to ballots and voting system
8 supplies.
9 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10 SECTION 1. AMENDMENT. Subsection 1 of section 16.1-01-01 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 1. The secretary of state is, ex officio, supervisor of elections and may employ additional
13 personnel to administer this title. The secretary of state shall supervise the conduct of
14 elections and in that supervisory capacity has, in addition to other powers conferred by
15 law, the power to examine upon the secretary of state's request or the request of any
16 election official, any election ballot or other material, voting or tabulating system
17 authorized by chapter 16.1-06, or device used in connection with any election, for the
18 purpose of determining sufficient compliance with the law and established criteria and
19 standards adopted by the secretary of state according to section 16.1-06-26. The
20 secretary of state, upon determining any ballot or other material, votingtabulating
21 system, or device is not in sufficient compliance with the law or established criteria and
22 standards, shall direct the proper changes to be made, and in the case of
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1 votingtabulating systems, may decertify the votingtabulating systems according to the
2 rules adopted under section 16.1-06-26.
3 SECTION 2. AMENDMENT. Section 16.1-01-07 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 16.1-01-07. Constitutional amendments and other questions to be advertised -
6 Notification by secretary of state - Manner of publishing.
7 1. If a proposed constitutional amendment or other question is to be submitted to the
8 people of the state for popular vote, the secretary of state shall certify the amendment
9 or other question to each county auditor not less than fifty-five days before the
10 election, and each auditor shall cause notice of the question to be included in the
11 notice required by section 16.1-13-05. Questions to be submitted to the people of a
12 particular county must be advertised in the same manner.
13 2. At the same time the secretary of state certifies notice to the county auditors of the
14 submission of a constitutional amendment or other question, the secretary of state
15 shall certify the ballot form for the questions. The ballot form must conform to the
16 provisions of section 16.1-06-09 and must be used by all county auditors to prepare
17 ballots for submission to the electorate of each county and to prepare sample ballots.
18 The publication of either the paper ballot or the ballot as it will appear to individuals
19 using a voting system device, whichever corresponds to the method of voting used in
20 the area involved, will satisfysatisfies any requirement in this title for a sample ballot to
21 be published. For two consecutive weeks before the sample ballot is published, an
22 analysis of any constitutional amendment, initiated measure, or referred measure,
23 written by the secretary of state after consultation with the attorney general, must be
24 published in columns to enable the electors to become familiar with the effect of the
25 proposed constitutional amendment or initiated or referred measure.
26 SECTION 3. AMENDMENT. Subsection 5 of section 16.1-05-04 of the North Dakota
27 Century Code is amended and reenacted as follows:
28 5. All members of the election board shall distribute ballots and other election materials
29 to electors. An election judge from each party represented on the election board shall
30 give any assistance requested by electors in marking paper ballots or operating
31 electronic voting system devices.
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1 SECTION 4. AMENDMENT. Section 16.1-06-03 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 16.1-06-03. Official ballots only to be used.
4 The official ballot prepared by the county auditor or the local auditor or clerk must contain
5 the name of each candidate whose name has been certified to or filed with such auditor or clerk
6 in the manner provided in this title. Ballots other than official ballots prepared by the county
7 auditor or local auditor or clerk may not be cast or counted in any election governed by this title.
8 The list of officers and candidates and the statements of measures and questions to be
9 submitted to the voters must be deemed an official ballot in precincts in which electronic voting
10 systems are used.
11 SECTION 5. AMENDMENT. Subdivision a of subsection 1 of section 16.1-06-04 of the
12 North Dakota Century Code is amended and reenacted as follows:
13 a. Be printed on uniform quality and color of paper in an ink color suitable to make
14 the ballot clearly legible and compatible with the votingtabulating system
15 requirements necessary to tabulate the votes.
16 SECTION 6. AMENDMENT. Section 16.1-06-08 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 16.1-06-08. No-party ballot at general elections - Contents - Delivered to elector.
19 There must be a separate no-party ballot at the general election upon which must be placed
20 the names of all candidates who have been nominated on the no-party primary ballot at the
21 primary election. Such ballots must be in the same form as the no-party primary ballot and must
22 be delivered to each elector by the proper election official. The separate ballot may be on the
23 same paper or electronic ballot, but the list of offices and candidates must be entitled "no-party
24 ballot" in a manner to clearly indicate the separation of the no-party list of offices and
25 candidates from the party list of offices and candidates.
26 SECTION 7. AMENDMENT. Section 16.1-06-11 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 16.1-06-11. VotingTabulating systems authorized.
29 VotingTabulating systems may be used in accordance with this chapter. VotingTabulating
30 systems may be procured, providedif the systems being procured have been approved and
31 certified for procurement and use in the state by the secretary of state according to section
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1 16.1-06-26. The system then may be used in any state, county, city, or district election in that
2 precinct or other voting area of which that precinct is a part.
3 SECTION 8. AMENDMENT. Section 16.1-06-12 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 16.1-06-12. Definitions.
6 As used in this title with regard to votingtabulating systems:
7 1. "Ballot" means a paper ballot from which the votes for candidates and questions are
8 tabulated by hand or by a votingtabulating system. The term includes the digital image
9 of a marked ballot captured by a votingtabulating system.
10 2. "Ballot marking device" means a device for marking ballots with ink or other
11 substance, or any other method for recording votes on ballots such that the votes may
12 be tabulated and counted by tabulation.
13 3. "Counting center" means a location designated by the county auditor for the counting
14 of ballots and tabulation of votes from the ballots.
15 4. "Digital scan" means a procedure in which votes cast on a paper ballot are tabulated
16 by examining marks made in voting response locations on the ballot and an image of
17 the ballot is captured and retained.
18 5. "Voting system""Tabulating system" means the system and devices authorized under
19 this chapter which may employ a ballot marking device with use of a touchscreen or
20 other data entry device to record and count votestabulate paper ballots in an election.
21 SECTION 9. AMENDMENT. Section 16.1-06-14 of the North Dakota Century Code is
22 amended and reenacted as follows:
23 16.1-06-14. Requirements for votingballots and tabulating systems.
24 Any votinglocation using paper ballots and a tabulating system used in an election in this
25 state must:
26 1. Provide facilities for voting for nominated candidates, for persons not in nomination,
27 and upon questions or measures submitted to the voters.
28 2. Permit each voter to vote for as many persons for any office as the voter is entitled to
29 vote for, and must allow each voter to vote in primary elections for candidates for
30 nomination by the political party of the voter's choice, but the system must preclude
31 each voter from voting for more persons for any office than the voter is entitled to vote
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1 for, from voting more than once for the same candidate or upon the same measure or
2 question submitted to the voters, or voting the ballot of more than one political party in
3 any primary election.
4 3. Permit each voter, insofar as is possible, by the replacement of spoiled ballots, to
5 change the voter's vote for any candidate, or upon any measure or question submitted
6 to the voters, up to the time the voter begins the final operation to register the voter's
7 voteuntil the voter's vote is officially placed into a tabulating system.
8 4.3. Permit and require secrecy while voting, and be constructed and controlled so no
9 other individual can see or know for whom an elector has voted or is voting, except an
10 individual assisting in marking the ballot at the request of the elector as prescribed by
11 law, and no individual is able to see or know the number of votes registered for any
12 candidate while the polls are open.
13 5.4. Be provided with a procedure by the use of which, immediately after the polls are
14 closed, all voting is prevented.
15 6.5. Be so constructed that when properly operated the system shallmust register or record
16 correctly and accurately every vote cast.
17 7.6. Be so constructed that a voter may readily learn the method of operating the system.
18 8.7. Permit voting only by paper ballot or by entering directly into a computer or other
19 electronic device by means of a touchscreen or other data entry device.
20 9.8. Permit voting for presidential electors by making only one mark.
21 10.9. Permit write-in voting and absentee voting.
22 11.10. Permit the rotation of names of candidates on ballots as required by this title.
23 12.11. Fulfill the criteria and standards established by the secretary of state according to
24 section 16.1-06-26.
25 12. Provide to a qualified elector an electronic ballot by electronic means if the elector is
26 living with a disability that prevents the elector from reading or marking the paper
27 ballot without assistance. The secretary of state shall adopt rules to address
28 alternative voting methods for individuals with a disability.
29 SECTION 10. AMENDMENT. Section 16.1-06-15 of the North Dakota Century Code is
30 amended and reenacted as follows:
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1 16.1-06-15. Mandatory testing of electronic votingtabulating systems before each
2 election and after tabulation of ballots.
3 1. All electronic votingtabulating systems used in this state must be tested according to
4 guidelines established by the secretary of state and as follows to ascertain whether
5 the automatic tabulating system equipment will accurately count the votes cast for all
6 offices and measures. The testing must be conducted prior tobefore each election at
7 which the system will be used. The testing must be done by the county auditor or
8 county auditor's designee, and after each test, the testing materials and any
9 preaudited ballots used during the test must be sealed and retained in the same
10 manner as election materials after an election.
11 2. The test of an electronic votinga tabulating system employing paper ballots must be
12 conducted by processing a preaudited group of ballots on which are recorded a
13 predetermined number of valid votes for each candidate and measure and must
14 include for each office one or more ballots which have votes in excess of the number
15 allowed by law in order to test the ability of the automatic tabulating system equipment
16 to reject such votes. During the test a different number of valid votes must be assigned
17 to each candidate for an office and for and against each measure. If an error is
18 detected, the cause of it must be ascertained and corrected, and an errorless count
19 must be secured and filed as provided in this section.
20 3. The test must be conducted at least one week before the election. One week before
21 the test is conducted, the county auditor must send the district chairman of each
22 political party having a candidate on the ballot a notice of the test. The notice must
23 state the time, place, and date of the test or tests and that the district chairman or
24 district chairman's designee may attend.
25 4. At the conclusion of the test, the programming for each electronic voting device must
26 be sealed within the device with a unique numbered seal that must be verified by the
27 election inspector before the opening of the polls to make sure the programming has
28 not been removed from the device.
29 5. After each election, the secretary of state shall order a random testing of the
30 votingtabulating system programming for one precinct in each county of the state
31 according to logic and accuracy testing procedures detailed in subsection 2 and as
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1 may be further defined by the secretary of state in writing. This test is to be conducted
2 before the meeting of the county canvassing board.
3 SECTION 11. AMENDMENT. Section 16.1-06-20 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 16.1-06-20. Election inspector and judges to display material and provide instruction.
6 In addition to other duties provided by law, the election inspector and judges shall provide
7 adequate instruction on the usemarking of the electronic voting devicea paper ballot to each
8 voter before the voter enters the voting booth.
9 SECTION 12. AMENDMENT. Section 16.1-06-25 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 16.1-06-25. VotingTabulating systems - Violations - Penalty.
12 Any person whothat violates any of the provisionsprovision of this chapter relating to
13 votingtabulating systems, who tampers with or injures any votingtabulating system or device to
14 be used or being used in any election, or who prevents the correct operation of any such
15 system or device to be used or being used in any election is guilty of a class C felony.
16 SECTION 13. AMENDMENT. Section 16.1-06-26 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 16.1-06-26. Secretary of state to adopt rules for the purpose of certifying and
19 decertifying votingtabulating systems.
20 1. The secretary of state may adopt rules according to subsection 3 of section
21 16.1-01-01 for certifying and decertifying votingtabulating systems authorized in
22 section 16.1-06-11, including any software, hardware, and firmware components used
23 as a part of a votingtabulating system device for use and procurement in the state.
24 The rules may:
25 a. Establish criteria and standards with which all votingtabulating systems must
26 comply.
27 b. Describe the procedures for votingtabulating systems, any single device of a
28 voting system, and any update and enhancement made to themthe system, to be
29