Bill Summary – FastDemocracy

0074.01000
     Sixty-seventh
     Legislative Assembly                    HOUSE BILL NO. 1182
     of North Dakota
     Introduced by
       Representatives Louser, Kasper, Kempenich, B. Koppelman, Lefor, Nathe, D. Ruby, Schauer
       Senators O. Larsen, Meyer, Vedaa
  A BILL for an Act to amend and reenact sections 15.1-09-08 and 16.1-11-08, subsection 1 of
  section 16.1-11-11, subsection 1 of section 16.1-11-16, and sections 16.1-11-19, 16.1-11-24,
  and 40-21-08 of the North Dakota Century Code, relating to permitting party designations for
  candidates for county and local elections; and to repeal section 40-21-06 of the North Dakota
  Century Code, relating to party designations for candidates for municipal offices.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 15.1-09-08 of the North Dakota Century Code is
  amended and reenacted as follows:
      15.1-09-08. School district elections - Candidate filings.
     An individual seeking election to the board of a school district shall prepare and sign a
 document stating the individual's name and the position for which thatthe individual is a
 candidate. If the individual wishes to have a political party designated on the ballot next to the
 individual's name, the individual shall identify the political party on the document. A candidate
 shall also shall file a statement of interests as required by section 16.1-09-02. Whether or not
 the election is held in conjunction with a statewide election, these documents must be filed with
 the school district business manager, or mailed to and in the possession of the business
 manager, by four p.m. of the sixty-fourth day before the election.
     SECTION 2. AMENDMENT. Section 16.1-11-08 of the North Dakota Century Code is
 amended and reenacted as follows:
     16.1-11-08. Reference to party affiliation in petition and affidavit prohibited for certain
 offices.
     No referenceReference may not 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
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  primary election to an elective county office, the office of judge of the supreme court, judge of
  the district court, or superintendent of public instruction.
      SECTION 3. AMENDMENT. Subsection 1 of section 16.1-11-11 of the North Dakota
  Century Code is amended and reenacted as follows:
      1.    The candidate's name, post-office address, and telephone number, the title of the
            office to which the candidate aspires, the appropriate district number if applicable, and
            whether the petition is intended for nomination for an unexpired term of office if
            applicable, and, if the individual wishes to have a political party designated on the
            ballot next to the individual's name, the name of the political party.
     SECTION 4. AMENDMENT. Subsection 1 of section 16.1-11-16 of the North Dakota
 Century Code is amended and reenacted as follows:
     1.    Each nominating petition circulated by candidates for any state, district, county, or
           other political subdivision office must include or have attached the following
           information, which must be made available to each signer at the time of signing:
           a.   The candidate's name, address, and telephone number and the title of the office
                to which the candidate aspires, including the appropriate district number if
                applicable, or whether the petition is intended for an unexpired term of office if
                applicable.
           b.   The name of the party the candidate represents if the petition is for an office
                under party designation, or, if the petition is for an office that does not require
                party designation, the name of the party the candidate wishes to appear next to
                the candidate's name on the ballot.
           c.   The date of the election at which the candidate is seeking nomination or election.
     SECTION 5. AMENDMENT. Section 16.1-11-19 of the North Dakota Century Code is
 amended and reenacted as follows:
     16.1-11-19. Filling vacancy existing on state no-party ballot or county or district
 ballot - Petition required - Time of filing.
     1.    If a vacancy exists on a no-party ballot for a state office or for judge of a district court,
           the vacancy may be filled by filing with the secretary of state, before four p.m. on the
           sixty-fourth day prior tobefore the primary election, a written petition as provided in
           section 16.1-11-06, stating that the petitioner desires to become a candidate for
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            nomination to the office for which a vacancy exists. If the petition is mailed, itthe
            petition must be in the possession of the secretary of state before four p.m. on the
            sixty-fourth day prior to the primary election. The petition for the nomination of any
            personan individual to fill the vacancy must be signed by qualified electors equal in
            number to at least two percent of the total vote cast for governor at the most recent
            general election in the state or district at which the office of governor was voted upon,
            but in no case may more than three hundred signatures be required.
      2.    If a vacancy exists on a no-party ballot in a county or district within a county, the
            vacancy may be filled by filing with the county auditor, before four p.m. of the sixty-
           fourth day prior tobefore the primary election, a written petition as provided in section
           16.1-11-11, stating that the petitioner desires to become a candidate for nomination to
           the office for which a vacancy exists. If the petition is mailed, itthe petition must be in
           the possession of the county auditor before four p.m. on the sixty-fourth day prior
           tobefore the primary election. The petition for the nomination of any personan
           individual to fill the vacancy must be signed by qualified electors as provided in
           subdivision c of subsection 2 of section 16.1-11-11. A
     3.    For purposes of this section, a vacancy in the no-partyon a ballot must be deemed to
           exist whenexists if a candidate who was qualified by filing a petition pursuant to
           section 16.1-11-06 or 16.1-11-11 dies, resigns, or otherwise becomes disqualified to
           have the candidate's name printed on the ballot.
     SECTION 6. AMENDMENT. Section 16.1-11-24 of the North Dakota Century Code is
 amended and reenacted as follows:
     16.1-11-24. No-party primary ballot - Contents.
     There must be a separate ballot entitled "no-party primary ballot" at all primary elections
 which must be entitled "no-party primary ballot"on which candidates for nomination to the offices
 included in section 16.1-11-08 are listed. The names of aspirants for nomination to each office
 included in section 16.1-11-08 must be arranged on the no-party primary ballot in separate
 groups in their order. The separate ballot may be on the same paper or electronic ballot, but the
 list of offices and candidates must be entitled "no-party primary ballot" in a manner to indicate
 clearly the separation of the no-party list of offices and candidates from the party list of offices
 and candidates. The names of all candidates for any of the offices mentionedan office included
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  in section 16.1-11-08 must be placed on the ballot without party designation. Immediately under
  the name of each office must be placed the language: "Vote for no more than __________
  name (or names)." The number inserted must be the number to be elected to the office at the
  next succeeding general election.
      SECTION 7. AMENDMENT. Section 40-21-08 of the North Dakota Century Code is
  amended and reenacted as follows:
      40-21-08. Ballots in municipalities - Arrangement.
      The auditor of the city shall place only the names and, if applicable, party designations of
  the personsindividuals nominated upon the ballot. The auditor shall arrange the offices upon the
 ballot in the order in which theythe offices are named in the statutes. The auditor shall
 determine the arrangement of the names of the candidates upon the ballot by conducting a
 drawing immediately after the candidate filing deadline on the sixty-fourth day before the
 election. The city auditor shall set the date, time, and location for conducting the drawing and
 shall give advance notice of the drawing to the candidates involved.
     SECTION 8. REPEAL. Section 40-21-06 of the North Dakota Century Code is repealed.
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Statutes affected: 
INTRODUCED: 15.1-09-08, 16.1-11-08, 16.1-11-11, 16.1-11-16, 16.1-11-19, 16.1-11-24, 40-21-08, 40-21-06