21.0401.03000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1289
of North Dakota
Introduced by
Representatives Magrum, Christensen, Jones, Kasper
1 A BILL for an Act to amend and reenact subsection 7 of section 4.1-20-02, subsection 1 of
2 section 16.1-01-04, subsection 4 of section 16.1-01-04.2, subsection 2 of section 16.1-01-09,
3 subsection 2 of section 16.1-01-09.1, subdivision b of subsection 1 of section 16.1-05-02,
4 subdivision g of subsection 1 of section 16.1-07-06, and sections 16.1-14-18 and 16.1-14-20 of
5 the North Dakota Century Code, relating to increasing the residency requirement to become a
6 qualified elector to one year.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Subsection 7 of section 4.1-20-02 of the North Dakota Century
9 Code is amended and reenacted as follows:
10 7. "Qualified elector" means an individual who is at least eighteen years old, is a citizen
11 of the United States, has resided in this state for at least one year, and has resided in
12 the precinct thirtyninety days next preceding the election.
13 SECTION 2. AMENDMENT. Subsection 1 of section 16.1-01-04 of the North Dakota
14 Century Code is amended and reenacted as follows:
15 1. To qualify as an elector of this state, an individual must be:
16 a. A citizen of the United States;
17 b. Eighteen years or older; and
18 c. A resident of this state for at least one year who has resided in the precinct at
19 least thirtyninety days immediately preceding any election.
20 SECTION 3. AMENDMENT. Subsection 4 of section 16.1-01-04.2 of the North Dakota
21 Century Code is amended and reenacted as follows:
22 4. TheFor individuals changing residence from one residence in this state to another
23 residence in this state, the acts of residing at a new address for thirtyninety days and
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1 verifying that address as provided under section 16.1-01-04.1 constitute a change in
2 the individual's voting residence.
3 5. For individuals changing residence from a residence outside this state to a residence
4 in this state, the acts of residing in this state for one year and verifying residence in
5 this state through documents included under section 16.1-01-04.1 constitute a change
6 in the individual's state of residence.
7 SECTION 4. AMENDMENT. Subsection 2 of section 16.1-01-09 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 2. An individual may not sign any initiative or referendum petition circulated pursuant to
10 article III of the Constitution of North Dakota unless the individual is a qualified elector.
11 An individual may not sign any petition more than once, and each signer shall also
12 legibly print the signer's name, complete residential address or rural route or general
13 delivery address, and the date of signing on the petition. Every qualified elector
14 signing a petition shall do so in the presence of the individual circulating the petition. A
15 referendum or initiative petition must be on a form prescribed by the secretary of state
16 containing the following information:
17 REFERENDUM [INITIATIVE] PETITION
18 TO THE SECRETARY OF STATE,
19 STATE OF NORTH DAKOTA
20 We, the undersigned, being qualified electors request [House (Senate) Bill
21 __________ passed by the __________ Legislative Assembly] [the following
22 initiated law] be placed on the ballot as provided by law.
23 SPONSORING COMMITTEE
24 The following are the names and addresses of the qualified electors of the state
25 of North Dakota who, as the sponsoring committee for the petitioners, represent
26 and act for the petitioners in accordance with law:
27 Name Address
28 _____________________(Chairperson) __________________________
29 ______________________________ __________________________
30 PETITION TITLE
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1 (To be drafted by the secretary of state, approved by the attorney general, and
2 attached to the petition before circulation.)
3 FULL TEXT OF THE MEASURE
4 IF MATERIAL IS UNDERSCORED, IT IS NEW MATERIAL WHICH IS BEING
5 ADDED. IF MATERIAL IS OVERSTRUCK BY DASHES, THE MATERIAL IS
6 BEING DELETED. IF MATERIAL IS NOT UNDERSCORED OR OVERSTRUCK,
7 THE MATERIAL IS EXISTING LAW THAT IS NOT BEING CHANGED.
8 [The full text of the measure must be inserted here.]
9 INSTRUCTIONS TO PETITION SIGNERS
10 You are being asked to sign a petition. You must be a qualified elector. This
11 means you are eighteen years old, you have lived in North Dakota thirty daysone
12 year, and you are a United States citizen. All signers shall also legibly shall print
13 their name, complete residential address or rural route or general delivery
14 address, and the date of signing on the petition. Every qualified elector signing a
15 petition must do so in the presence of the individual circulating the petition.
16 QUALIFIED ELECTORS
17 Signed
18 Month, Name of Printed Residential Address or City
19 Day, Qualified Name of Complete Rural Route State,
20 Year Elector Qualified or General Delivery Zip Code
21 Elector Address
22 1. _____________________________________________________________
23 2. _____________________________________________________________
24 3. _____________________________________________________________
25 4. _____________________________________________________________
26 5. _____________________________________________________________
27 6. _____________________________________________________________
28 7. _____________________________________________________________
29 8. ____________________________________________________________
30 The number of signature lines on each page of a printed petition may vary if
31 necessary to accommodate other required textual matter. In this section for
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1 referral petitions "full text of the measure" means the bill as passed by the
2 legislative assembly excluding the session and sponsor identification. In this
3 section for initiative petitions "full text of the measure" means an enacting clause
4 which must be: "BE IT ENACTED BY THE PEOPLE OF THE STATE OF NORTH
5 DAKOTA" and the body of the bill. If the measure amends the law, all new
6 statutory material must be underscored and all statutory material to be deleted
7 must be overstruck by dashes. When repealing portions of the law, the measure
8 must contain a repealer clause and, in brackets, the text of the law being
9 repealed.
10 SECTION 5. AMENDMENT. Subsection 2 of section 16.1-01-09.1 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 2. An individual may not sign a recall petition circulated pursuant to article III of the
13 Constitution of North Dakota or section 44-08-21 unless the individual is a qualified
14 elector. An individual may not sign a petition more than once, and each signer shall
15 also legibly print the signer's name, complete residential, rural route, or general
16 delivery address, and the date of signing on the petition. Every qualified elector
17 signing a petition must do so in the presence of the individual circulating the petition. A
18 petition must be in substantially the following form:
19 RECALL PETITION
20 We, the undersigned, being qualified electors request that
21 ____________________________________(name of the individual being
22 recalled) the___________________(office of individual being recalled) be
23 recalled for the reason or reasons of______________________________.
24 RECALL SPONSORING COMMITTEE
25 The following are the names and addresses of the qualified electors of the state
26 of North Dakota and the political subdivision who, as the sponsoring committee
27 for the petitioners, represent and act for the petitioners in accordance with law:
28 Complete Residential,
29 Rural Route,
30 or General
31 Name Delivery Address
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1 1. _____________________(Chairperson) _________________________
2 2. __________________________________________________________
3 3. __________________________________________________________
4 4. __________________________________________________________
5 5. __________________________________________________________
6 INSTRUCTIONS TO PETITION SIGNERS
7 You are being asked to sign a petition. You must be a qualified elector. This
8 means you are eighteen years old, you have lived in North Dakota for thirty
9 daysone year, and you are a United States citizen. All signers shall also legibly
10 shall print their name, complete residential, rural route, or general delivery
11 address, and date of signing on the petition. Every qualified elector signing a
12 petition must do so in the presence of the individual circulating the petition.
13 QUALIFIED ELECTORS
14 Signed Printed Complete Residential,
15 Month, Name of Name of Rural Route, City
16 Day, Qualified Qualified or General State,
17 Year Elector Elector Delivery Address Zip Code
18 1. __________________________________________________________
19 2. __________________________________________________________
20 3. __________________________________________________________
21 4. __________________________________________________________
22 5. __________________________________________________________
23 6. __________________________________________________________
24 7. __________________________________________________________
25 8. __________________________________________________________
26 The number of signature lines on each page of a printed petition may vary if
27 necessary to accommodate other required textual matter.
28 SECTION 6. AMENDMENT. Subdivision b of subsection 1 of section 16.1-05-02 of the
29 North Dakota Century Code is amended and reenacted as follows:
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1 b. A student enrolled in a high school or college in this state who has attained the
2 age of sixteen is eligible to be appointed as a poll clerk if the student possesses
3 the following qualifications:
4 (1) Is a United States citizen or will be a citizen at the time of the election at
5 which the student will be serving as a member of an election board;
6 (2) IsHas been a resident of this state for at least one year and has resided in
7 the precinct at least thirtyninety days before the election; and
8 (3) Is a student in good standing attending a secondary or higher education
9 institution.
10 SECTION 7. AMENDMENT. Subdivision g of subsection 1 of section 16.1-07-06 of the
11 North Dakota Century Code is amended and reenacted as follows:
12 g. An affirmation that the applicant has resided, or will reside, in this state for at
13 least one year and has resided, or will reside, in the precinct for at least
14 thirtyninety days next preceding the election and will be a qualified elector of the
15 precinct.
16 SECTION 8. AMENDMENT. Section 16.1-14-18 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 16.1-14-18. Eligibility of new residents to vote.
19 Each citizen of the United States who, immediately prior tobefore the citizen's removal to
20 this state, was a citizen of another state and who has been a resident of the state for less than
21 one year and a resident of the precinct for less than thirtyninety days prior to before a
22 presidential election, is entitled to vote for presidential electors at that election, but for no other
23 offices, if:
24 1. The citizen otherwise possesses the substantive qualifications to vote in this state,
25 except requirement of residence; and
26 2. The citizen complies with the provisions of sections 16.1-14-18 through 16.1-14-28.
27 SECTION 9. AMENDMENT. Section 16.1-14-20 of the North Dakota Century Code is
28 amended and reenacted as follows:
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1 16.1-14-20. Application for presidential ballot by new residents.
2 A person desiring to qualify to vote for presidential electors is not required to register but,
3 not less than ten days in advance of the election, shall make an application in the form of an
4 affidavit executed in duplicate in the presence of the county auditor substantially as follows:
5 State of North Dakota )
6 ) ss.
7 County of ________ )
8 I, __________, do solemnly swear that:
9 1. I am a citizen of the United States.
10 2. Before becoming a resident of this state, I resided at __________ street, in the (town)
11 (township) (city) of __________, county of __________ in the state of __________.
12 3. On the day of the next presidential election, I shall be at least eighteen years of age. I
13 have been a resident of this state since __________, ___, now residing at
14 __________ street, in the (town) (township) (city) of __________, county of
15 __________ in the state of North Dakota.
16 4. I have resided in North Dakota for less than one year and have resided in __________
17 precinct for less than thirtyninety days. I believe I am entitled under the laws of this
18 state to vote at the presidential election to be held on November __________, ___.
19 5. I apply for a presidential election ballot. I have not voted and will not vote otherwise
20 than by this ballot at that election.
21 Signed _______________________________
22 (Applicant)
23 _______________________________
24 (Applicant's telephone number)
25 Subscribed and sworn to before me this __________ day of __________, ___.
26 Signed _______________________________
27 (Title and name of officer
28 authorized to administer oaths)
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Statutes affected: INTRODUCED: 4.1-20-02, 16.1-01-04, 16.1-01-04.2, 16.1-01-09, 16.1-01-09.1, 16.1-05-02, 16.1-07-06, 16.1-14-18, 16.1-14-20