Bill Summary – FastDemocracy

0576.03000
     Sixty-seventh
     Legislative Assembly                       HOUSE BILL NO. 1238
     of North Dakota
     Introduced by
       Representatives Kasper, B. Koppelman, Lefor, Louser, Pollert, Rohr, D. Ruby, Steiner
       Senators Meyer, Myrdal
  A BILL for an Act to amend and reenact sections 16.1-04-02 and 16.1-11.1-01 of the North
  Dakota Century Code, relating to polling places.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 16.1-04-02 of the North Dakota Century Code is
  amended and reenacted as follows:
      16.1-04-02. Polling places - Duties and responsibilities of the board of county
  commissioners or the governing body of the city.
      The board of county commissioners of each county:
      1.   Shall designate one or more polling places for each precinct. However, the polling
          places for precinctsa precinct that includes territory located within the boundaries of
          any incorporated city must be designated, and altered if required, by the governing
          body of the city.
          a.     Each incorporated city that has a population of over one thousand must have at
                 least one polling place within the city open on the day of a statewide election,
                 unless the city is included in a county with a vote center compliant with
                 subsection 3 of section 16.1-04-02 which is open on the day of the election.
          b.     Each legislative district must have at least one polling place within the district
                 open on the day of a statewide election. In any legislative district that comprises
                 more than one county, at least one voting place within the district in each county
                 must be open on the day of a statewide election. However, if a legislative district
                 is included, in whole or in part, in a county with a vote center compliant with
                 subsection 3 of section 16.1-04-02 which is open on the day of the election, the
                 legislative district is not required to have a polling place open within the district on
                 the day of the election.
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     Legislative Assembly
           c.   Polling places may not be designated later than the sixty-fourth day before an
                election.
      2.   Shall provide that all polling places are accessible to the elderly and the physically
           disabled.
      3.   May utilize vote centers that contain all of the precincts in a county so that any
           qualified elector of the county may choose to cast a ballot in that polling place.
           Qualified electors may vote early at early voting precincts, by absentee ballot, at a
           polling place of their residential precinct, or at a county vote center. Vote center polling
           places must serve as a designated polling place for at least one precinct in the county
          in addition to serving as the site where any county voter may cast a ballot.
     4.   May change the location of a polling place previously established by the board by the
          sixty-fourth day immediately preceding an election when there is good and sufficient
          reason. When a polling place is changed under this provision, the name and location
          of the new polling place must be prominently posted on or near the main entrance of
          the prior polling place on the date of the first election held following the change.
    SECTION 2. AMENDMENT. Section 16.1-11.1-01 of the North Dakota Century Code is
 amended and reenacted as follows:
    16.1-11.1-01. Counties may conduct mail ballot elections - Polling places - Records.
     1.   The board of county commissioners of a county may conduct an election by mail
          ballot. The mail ballot election must include city elections administered by the county
          auditor and may include any other election administered by the county auditor
          pursuant to an agreement with the governing body of a political subdivision within the
          county. The board and the governing body of a city shall designate one or more, in
          accordance with section 16.1-04-02, polling places in the county to be open on the day
          of the election for voting in the usual manner. The county auditor shall place a notice
          at all polling places in the county used at the last statewide election which states the
          location of the polling places open for the election. The county auditor shall keep a
          record of each mail ballot provided to qualified electors and provide to the election
          board at each polling place open on the day of the election a list of every person who
          applied for a mail ballot.
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    Legislative Assembly
     2.   The board of county commissioners of a county may conduct an election partially by
          mail ballot. If the board of county commissioners chooses to conduct an election
          partially by mail ballot, the commission may use mail ballots for any precinct in which
          fewer than four hundred votes were cast for the office of governor at the last general
          election at which that office was on the ballot.
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Statutes affected: 
INTRODUCED: 16.1-04-02, 16.1-11.1-01
FIRST ENGROSSMENT: 16.1-04-02, 16.1-11.1-01