21.0169.04000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1078
of North Dakota
Introduced by
Judiciary Committee
(At the request of the Commission on Uniform State Laws)
1 A BILL for an Act to create and enact sections 16.1-13-35, 16.1-13-36, 16.1-13-37, 16.1-13-38,
2 16.1-13-39, 16.1-13-40, 16.1-13-41, 16.1-13-42, 16.1-13-43, and 16.1-13-44 and chapter
3 16.1-14.1 of the North Dakota Century Code, relating to presidential elections and the adoption
4 of the Uniform Faithful Presidential Electors Act; to amend and reenact subsection 1 of section
5 16.1-03-14 and sections 16.1-06-06, 16.1-12-02, 16.1-14-01, 16.1-14-03, 16.1-14-08,
6 16.1-14-09, 16.1-14-10, 16.1-14-11, 16.1-14-12, 16.1-14-13, and 16.1-14-14 of the North
7 Dakota Century Code, relating to nominating presidential electors and alternate electors, and
8 presidential electors' roles and procedures; and to repeal sections 16.1-14-05, 16.1-14-18,
9 16.1-14-19, 16.1-14-20, 16.1-14-21, 16.1-14-22, 16.1-14-23, 16.1-14-24, 16.1-14-25,
10 16.1-14-26, 16.1-14-27, and 16.1-14-28 of the North Dakota Century Code, relating to the filling
11 of a vacancy of a presidential elector and voting of new and former residents at presidential
12 elections.
13 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
14 SECTION 1. AMENDMENT. Subsection 1 of section 16.1-03-14 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 1. The party state committee shall set the place and time of the state party convention to
17 be held in each general election year. Subject to party rules and bylaws, the state
18 party convention may:
19 a. Nominate the legal number of qualified electorselector nominees and alternate
20 elector nominees for its party for the offices of presidential electors. The
21 nominees must be qualified electors of this state.
22 b. Elect the required number of delegates and alternates to the national party
23 convention.
24 c. Endorse candidates as provided under subsection 2.
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1 SECTION 2. AMENDMENT. Section 16.1-06-06 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 16.1-06-06. General election ballots for persons authorized to vote for presidential
4 electors only - Prepared separately - General law governs.
5 In addition to the ballots prepared pursuant to section 16.1-06-05, ballots must be prepared
6 containing only the names of duly certified candidates for presidential electors for use by
7 persons authorized to vote for those offices by law. The provisions of this title regarding the
8 preparation, form, arrangement of names, and delivering of ballots must govern in regard to the
9 general election ballot prepared pursuant to this section. The ballots prepared pursuant to this
10 section must be delivered to electors who qualify only to vote for presidential electors pursuant
11 to sections 16.1-14-1816.1-13-35 and 16.1-14-1916.1-13-36.
12 SECTION 3. AMENDMENT. Section 16.1-12-02 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 16.1-12-02. Certificates of nomination by petition - Form and contents.
15 Certificates of nomination for nominees for an office to be filled at a general or special
16 election, except for an office appearing on the no-party ballot, may be made as provided by this
17 section. Except for nominees for president of the United States, names of nominees so
18 nominated must appear on the ballot as independent nominations. The names of nominees for
19 president of the United States may appear on the ballot with a designation, not to exceed five
20 words, that names the organization or political party to which the presidential candidate
21 affiliates. The designation may not falsely indicate an affiliation with or the support of any
22 political party organized in accordance with this title or include any substantive word or phrase
23 that is profane or that is already included in or resembles the name of a political party entitled to
24 a separate column under section 16.1-11-30. Except for candidates for the office of president of
25 the United States, each certificate of nomination by petition must meet the specifications for
26 nominating petitions set forth in section 16.1-11-16. A political party or organization desiring to
27 submit to the secretary of state the name of a qualified candidate for the office of the president
28 of the United States may begin gathering the signatures for the certificate of nomination on the
29 first day of January of a presidential election year and shall submit the petition to the secretary
30 of state before four p.m. on the sixty-fourth day before the general election. The signatures on
31 the petition must be in the following number:
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1 1. Except as provided in subsection 3, if the nomination is for an office to be filled by the
2 qualified electors of the entire state, there must be no fewer than one thousand
3 signatures.
4 2. If the nomination is for an office to be filled by the qualified electors of a district less
5 than the entire state, the number of signatures must be at least two percent of the
6 resident population of the district as determined by the most recent federal decennial
7 census, but in no case may more than three hundred signatures be required.
8 3. If the nomination is for the office of president, there must be no fewer than four
9 thousand signatures and the petition must contain the names of the presidential and
10 vice presidential candidates along with the names of the elector nominees and
11 alternate elector nominees for the office of the North Dakota presidential electors
12 selected from the qualified electors of North Dakota. The elector nominees and
13 alternate elector nominees must be qualified electors of North Dakota.
14 4. If the petition is for the office of governor or lieutenant governor, it must contain the
15 names and other required information of candidates for both those offices.
16 SECTION 4. Section 16.1-13-35 of the North Dakota Century Code is created and enacted
17 as follows:
18 16.1-13-35. Eligibility of new residents to vote for presidential electors.
19 A citizen of the United States who, immediately before the citizen's relocation to this state,
20 was a citizen of another state and who has been a resident of the precinct for less than thirty
21 days before a presidential election, is entitled to vote for presidential electors at the election, but
22 for no other offices, if:
23 1. The citizen otherwise possesses the substantive qualifications to vote in this state,
24 except the required residence; and
25 2. The citizen complies with the provisions of sections 16.1-13-37, 16.1-13-41, and
26 16.1-13-44.
27 SECTION 5. Section 16.1-13-36 of the North Dakota Century Code is created and enacted
28 as follows:
29 16.1-13-36. Eligibility of former residents to vote for presidential electors.
30 A citizen of the United States who was a qualified elector in this state immediately before
31 establishing residence in another state and who has not qualified for voting purposes due to the
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1 residency requirement of that state may vote in this state for president and vice president only,
2 by applying for a separate ballot under section 16.1-13-37 at least one day before the election.
3 The requirements and procedure for former residents to vote are governed by sections
4 16.1-13-37, 16.1-13-40, 16.1-13-41, 16.1-13-42, 16.1-13-43, and 16.1-13-44, and the
5 statements relative to new residents contained in those sections must be changed by the
6 county auditor and inspector of elections to comply with this section for this purpose.
7 SECTION 6. Section 16.1-13-37 of the North Dakota Century Code is created and enacted
8 as follows:
9 16.1-13-37. Application for presidential elector ballot by new residents.
10 An individual desiring to qualify to vote for presidential electors is not required to register,
11 but, at least ten days before the election, the individual shall apply in the form of an affidavit
12 executed in duplicate in the presence of the county auditor substantially as follows:
13 State of North Dakota )
14 ) ss.
15 County of ________ )
16 I, __________, do solemnly swear that:
17 1. I am a citizen of the United States.
18 2. Before becoming a resident of this state, I resided at __________ street, in the (town)
19 (township) (city) of __________, county of __________ in the state of __________.
20 3. On the day of the next presidential election, I shall be at least eighteen years of age. I
21 have been a resident of this state since __________, ___, now residing at
22 __________ street, in the (town) (township) (city) of __________, county of
23 __________ in the state of North Dakota.
24 4. I have resided in __________ precinct for less than thirty days. I believe I am entitled
25 under the laws of this state to vote at the presidential election to be held on November
26 __________, ___.
27 5. I apply for a presidential election ballot. I have not voted and will not vote otherwise
28 than by this ballot at that election.
29 Signed _______________________________
30 (Applicant)
31 _______________________________
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1 (Applicant's telephone number)
2 Subscribed and sworn to before me this __________ day of __________, ___.
3 Signed _______________________________
4 (Title and name of officer
5 authorized to administer oaths)
6 SECTION 7. Section 16.1-13-38 of the North Dakota Century Code is created and enacted
7 as follows:
8 16.1-13-38. Mailing duplicate application for presidential elector ballot.
9 The county auditor immediately shall mail a duplicate of the application for a presidential
10 elector ballot to the appropriate official of the state in which the applicant last resided.
11 SECTION 8. Section 16.1-13-39 of the North Dakota Century Code is created and enacted
12 as follows:
13 16.1-13-39. Filing and indexing applications for presidential elector ballots from other
14 states.
15 The county auditor shall file each duplicate application for a presidential elector ballot or
16 other official information received by the county auditor from another state indicating a former
17 resident of this state has applied to vote at a presidential election in another state and shall
18 maintain an alphabetical index of the information for four months after the election.
19 SECTION 9. Section 16.1-13-40 of the North Dakota Century Code is created and enacted
20 as follows:
21 16.1-13-40. Delivery of presidential elector ballot to applicant.
22 If the county auditor is satisfied the application is proper and the applicant is qualified to
23 vote at the presidential election, the county auditor shall deliver a ballot for presidential electors
24 to the applicant no sooner than thirty days nor later than one day before the next presidential
25 election.
26 SECTION 10. Section 16.1-13-41 of the North Dakota Century Code is created and enacted
27 as follows:
28 16.1-13-41. Voting by new residents for presidential electors.
29 1. The applicant, upon receiving the ballot for presidential electors, immediately shall
30 mark the ballot in the presence of the county auditor but in a manner the official cannot
31 know how the ballot is marked. The applicant subsequently shall fold the ballot in the
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1 county auditor's presence to conceal the markings and deposit and seal the ballot in
2 an envelope furnished by the county auditor.
3 2. The voter shall enclose the envelope containing the ballot in a carrier envelope which
4 must be sealed securely. There must be imprinted on the outside of the carrier
5 envelope a statement substantially as follows:
6 CERTIFICATION OF NEW RESIDENT VOTER
7 I have qualified as a new resident voter in this state to vote for presidential electors. I
8 have not applied nor do I intend to apply for an absent voter's ballot from the state
9 from which I have relocated. I have not voted and I will not vote otherwise than by this
10 ballot.
11 Dated _________________________
12 Witness _______________________
13 County Auditor
14 ______________________________________
15 (Signature of Voter)
16 3. The voter shall sign the certification upon the carrier envelope and subsequently shall
17 deliver the sealed carrier envelope to the county auditor who shall keep the carrier
18 envelope in the county auditor's office until delivered by the county auditor to the
19 inspector of elections of the county absentee ballot precinct.
20 SECTION 11. Section 16.1-13-42 of the North Dakota Century Code is created and enacted
21 as follows:
22 16.1-13-42. List of applicants requesting presidential elector ballots open for public
23 inspection.
24 The county auditor shall keep open for public inspection a list of all individuals who have
25 applied to vote for presidential electors as new residents with their names, addresses, and
26 application dates for two years.
27 SECTION 12. Section 16.1-13-43 of the North Dakota Century Code is created and enacted
28 as follows:
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1 16.1-13-43. Delivery and processing of presidential elector ballots of new residents.
2 1. The county auditor shall deliver the presidential elector ballots for new residents to the
3 inspector of elections in the manner prescribed by law for absentee ballots. The ballots
4 must be processed in accordance with the law for absentee ballots.
5 2. The inspector of elections shall record the new resident voter's name with a notation
6 designating the individual as a new resident voting for presidential electors only.
7 SECTION 13. Section 16.1-13-44 of the North Dakota Century Code is created and enacted
8 as follows:
9 16.1-13-44. Application of other statutes to presidential elector ballots.
10 Except as provided in sections 16.1-14-35 through 16.1-14-44, the provisions of law relating
11 to absent voters' ballots apply also to the casting and counting of presidential elector ballots of
12 new residents, the furnishing of election supplies, ballots, canvassing of ballots, and making
13 proper returns of the results of the election.
14 SECTION 14. AMENDMENT. Section 16.1-14-01 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 16.1-14-01. Canvassing votes for presidential electors - Tie vote.
17 The state canvassing board, in examining and making a statement of the votes for, and in
18 determining and certifying the personsindividuals chosen as, presidential electors, shall proceed
19 in the manner prescribed in this title for the canvass of votes for state officers. The secretary of
20 state likewise shall file and record suchthe statement and determination. In canvassing the
21 returns for presidential electors, the group of electors having the greatest number of votes is to
22 be declared elected. If two or more groups of electors are found to have an equal and the
23 greatest number of votes, the election of one group must be determined by a drawing of names,
24 with the governor drawing the names in the presence of the other members of the state
25 canvassing board.
26 SECTION 15. AMENDMENT. Section 16.1-14-03 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 16.1-14-03. Proclamation of result by governor - Publishing - Certificate of election.
29 Within ten days after the state canvassing board completes the canvass of the votes cast
30 for presidential electors, as certified by the auditors of the respective counties, the governor
31 shall declare by proclamation, to be printed in the official county newspaper printed and
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1 published at the seat of government,