21.0471.05000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1253
of North Dakota
Introduced by
Representatives Louser, Christensen, Kasper, B. Koppelman, Rohr, D. Ruby, Schauer,
Toman
Senators Hogue, Meyer, K. Roers, Vedaa
1 A BILL for an Act to create and enact a new subdivision to subsection 2 of section 12-60-24, a
2 new section to chapter 16.1-01, sections 16.1-07-13.1 and 16.1-12-10, and a new section to
3 chapter 54-09 of the North Dakota Century Code, relating to election administration; to amend
4 and reenact subsection 1 of section 16.1-01-01, sections 16.1-01-03, 16.1-01-05.1, 16.1-01-06,
5 16.1-01-07, and 16.1-01-08, subsection 5 of section 16.1-01-09, subsection 7 of section
6 16.1-01-09.1, sections 16.1-01-12, 16.1-01-16, 16.1-01-17, 16.1-02-01, 16.1-02-02, 16.1-02-05,
7 16.1-02-06, 16.1-02-07, 16.1-02-10, 16.1-02-11, and 16.1-02-13, subsection 2 of section
8 16.1-05-01, sections 16.1-06-04, 16.1-06-11, 16.1-06-12, 16.1-06-14, 16.1-06-17, 16.1-06-18,
9 16.1-06-19, 16.1-06-25, and 16.1-06-26, subsection 1 of section 16.1-07-05, sections
10 16.1-07-06, 16.1-07-07, 16.1-07-08, 16.1-07-09, and 16.1-07-10, subsection 1 of
11 section 16.1-07-12.1, sections 16.1-07-15, 16.1-08.1-01, 16.1-08.1-03.1, 16.1-10-07,
12 16.1-11-05.1, 16.1-11-06, 16.1-11-10, 16.1-11-11, 16.1-11-12, 16.1-11-16, 16.1-11-18,
13 16.1-11-19, 16.1-11-20, 16.1-11-21, 16.1-11-22, 16.1-11-31, 16.1-11-32, 16.1-11-33, 16.1-11-35,
14 16.1-11-36, 16.1-11-37, 16.1-11-39, 16.1-11.1-03, 16.1-11.1-08, 16.1-12-01, 16.1-12-02.1,
15 16.1-12-03, 16.1-12-06, 16.1-12-07, 16.1-12-09, 16.1-13-05, 16.1-13-09, 16.1-13-10,
16 16.1-13-14, 16.1-13-17, 16.1-13-18, 16.1-13-19, 16.1-13-23, 16.1-13-25, 16.1-13-27,
17 16.1-13-28, 16.1-13-29, 16.1-13-30, and 16.1-13-31, subsection 1 of section 16.1-15-01, and
18 sections 16.1-15-01.1, 16.1-15-02, 16.1-15-08, 16.1-15-09, 16.1-15-10, 16.1-15-13, 16.1-15-15,
19 16.1-15-19, 16.1-15-20, 16.1-15-21, 16.1-15-25, 16.1-15-30, 16.1-15-37, 16.1-15-42,
20 16.1-15-43, 16.1-15-45, 16.1-15-47, 16.1-16-01, 16.1-16-02, and 16.1-16-07 of the North
21 Dakota Century Code, relating to election administration; to repeal sections 16.1-06-10.1,
22 16.1-07-11, 16.1-07-13, and 16.1-13-24 of the North Dakota Century Code, relating to election
23 administration; and to provide a penalty.
24 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
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1 SECTION 1. A new subdivision to subsection 2 of section 12-60-24 of the North Dakota
2 Century Code is created and enacted as follows:
3 The secretary of state for employees with access to personally identifying
4 information of residents or businesses of the state or with access to elections
5 systems that are critical infrastructure under section 44-04-24.
6 SECTION 2. A new section to chapter 16.1-01 of the North Dakota Century Code is created
7 and enacted as follows:
8 Definitions.
9 For purposes of this title, unless the context otherwise requires, "candidate" means an
10 individual who seeks nomination for election or election to public office, and includes:
11 1. An individual holding public office;
12 2. An individual who publicly has declared that individual's candidacy for nomination for
13 election or election to public office or has filed or accepted a nomination for public
14 office;
15 3. An individual who has formed a campaign or other committee for that individual's
16 candidacy for public office;
17 4. An individual who has circulated a nominating petition to have that individual's name
18 placed on the ballot; and
19 5. An individual who, in any manner, has solicited or received a contribution for that
20 individual's candidacy for public office, whether before or after the election for that
21 office.
22 SECTION 3. AMENDMENT. Subsection 1 of section 16.1-01-01 of the North Dakota
23 Century Code is amended and reenacted as follows:
24 1. The secretary of state must beis, ex officio, supervisor of elections and may employ
25 additional personnel to administer this title. The secretary of state shall supervise the
26 conduct of elections and in that supervisory capacity has, in addition to other powers
27 conferred by law, the power to examine upon the secretary of state's request or the
28 request of any election official, any election ballot or other material, electronic voting
29 system or counting machine authorized by chapter 16.1-06, or device used in
30 connection with any election, for the purpose of determining sufficient compliance with
31 the law and established criteria and standards adopted by the secretary of state
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1 according to section 16.1-06-26. The secretary of state, upon determining that any
2 ballot or other material, electronic voting system or counting machine, or device is not
3 in sufficient compliance with the law or established criteria and standards, shall direct
4 the proper changes to be made, and in the case of electronic voting systems and
5 counting machines, may decertify the electronic voting systems and counting
6 machines according to the rules adopted under section 16.1-06-26.
7 SECTION 4. AMENDMENT. Section 16.1-01-03 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 16.1-01-03. Opening and closing of the polls.
10 The polls at all primary, general, and special elections must be opened at nine a.m. or
11 earlier, but not earlier than seven a.m., as designated for any precinct by resolution of the
12 governing body of the city or county in which the precinct is located. The polls must remain
13 open continuously until seven p.m. or sucha later hour, not later than nine p.m., as may be
14 designated for a precinct by resolution of the governing body of the city or county in which the
15 precinct is located. All electors standing in line to vote at the time the polls are set to close must
16 be allowed to vote, but electors arriving after closing time may not be allowed to vote. A voter
17 may take up to thirty minutes to mark and cast the ballot after receiving the ballot from the
18 election judge. After the polls close, the election board may generate the report of the vote
19 totals not later than thirty minutes after the last elector in line at the closing time received a
20 ballot. An elector remaining in the polling place after the thirty minutes have expired who has
21 not completed marking the ballot must be offered the choice of casting the ballot as marked or
22 continuing to mark the ballot. If the elector chooses to continue marking the ballot, the ballot
23 selections must be excluded from the report of the vote totals generated by the election board
24 but must be forwarded by the election board to the canvassing board and added to the final
25 tally. The secretary of state shall develop uniform, mandatory procedures for election boards to
26 ensure the secrecy of each elector's ballot. The election officers present are responsible for
27 determining who arrived in time to vote, and the election officers shall establish appropriate
28 procedures for making that determination. All determinations required to be made pursuant to
29 this section relating to polling hours must be made, and the county auditor notified of themthe
30 determinations, no later than thirty days prior tobefore an election.
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1 SECTION 5. AMENDMENT. Section 16.1-01-05.1 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 16.1-01-05.1. Voter lists - Addition or transfer of names.
4 Through the use of the central voter file provided for in chapter 16.1-02, the secretary of
5 state shall establish a procedure by which a county auditor may transfer a person'san
6 individual's name from the voter list of one precinct to the voter list of another precinct in the
7 state if that personthe individual establishes a new residence, and by which a personan
8 individual who establishes residence in the state may have that person'sthe individual's name
9 placed on the voter list in the appropriate precinct. The procedure provided for in this section
10 may not be used to require the registration of electors.
11 SECTION 6. AMENDMENT. Section 16.1-01-06 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 16.1-01-06. Highest number of votes elects.
14 Unless otherwise expressly provided by the laws of this state, in all elections for the choice
15 of any officer, the personindividual receiving the highest number of votes for any office must
16 beis deemed to have been elected to that office.
17 SECTION 7. AMENDMENT. Section 16.1-01-07 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 16.1-01-07. Constitutional amendments and other questions to be advertised -
20 Notification by secretary of state - Manner of publishing.
21 WheneverIf a proposed constitutional amendment or other question is to be submitted to
22 the people of the state for popular vote, the secretary of state shall, not less than fifty-five days
23 before the election, certify the amendment or other question to each county auditor not less
24 than fifty-five days before the election, and each auditor shall cause notice thereofof the
25 question to be included in the notice required by section 16.1-13-05. Questions to be submitted
26 to the people of a particular county must be advertised in the same manner.
27 TheAt the same time the secretary of state certifies notice to the county auditors of the
28 submission of a constitutional amendment or other question, the secretary of state shall, at the
29 same time the secretary of state certifies notice to the county auditors of the submission of a
30 constitutional amendment or other question, certify the ballot form for suchthe questions. The
31 ballot form must conform to the provisions of section 16.1-06-09 and must be used by all county
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1 auditors in preparingto prepare ballots for submission to the electorate of each county and in
2 the preparation ofto prepare sample ballots. Any requirements in this title that a sample ballot
3 be published will be met by theThe publication of either the paper ballot or the ballot as it will
4 appear to personsindividuals using an electronica voting system device, depending
5 uponwhichever corresponds to the method of voting used in the area involved, will satisfy any
6 requirement in this title for a sample ballot to be published. Absentee voter ballots may not be
7 considered in determining which method of voting is used in an area. If both paper ballots and
8 electronic voting system ballots are used in an area, both forms must be published as sample
9 ballots to meet publication and notice requirements. For two consecutive weeks before the
10 sample ballot is published, an analysis of any constitutional amendment, initiated measure, or
11 referred measure, written by the secretary of state after consultation with the attorney general,
12 must be published in columns to enable the electors to become familiar with the effect of the
13 proposed constitutional amendment or initiated or referred measure.
14 SECTION 8. AMENDMENT. Section 16.1-01-08 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 16.1-01-08. Correcting errors on ballots - Requiring performance of duty - Correcting
17 or prosecuting wrongful performance.
18 1. The secretary of state shall thoroughly investigate thoroughly, when the matter comes
19 to the secretary of state's attention, any of the following:
20 1. a. Any error or omission whichthat has occurred or is about to occur in the placing
21 of any name on an official election ballot; however a question regarding a
22 candidate's residency may be resolved only by a court order.
23 2. b. Any error whichthat has been or is about to be committed in printing the ballot.
24 3. c. Any wrongful act whichthat has been or is about to be done by any judge or
25 election clerk, county auditor, canvassing board, a canvassing board member, or
26 any other personindividual charged with any duty concerning the election.
27 4. d. Any neglect of duty which has occurred or is about to occur.
28 2. If required, the secretary of state shall order the officer or personindividual charged
29 with suchthe error, wrong, or neglect to correct the error, desist from the wrongful act,
30 or perform any required duty. The secretary of state may call upon any county auditor
31 for aid in investigation and correction ofinvestigating and correcting the problem. The
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1 secretary of state shall cause any personindividual who violates the secretary of
2 state's order to be prosecuted, if the violation constitutes an offense pursuant to this
3 chapter. If the administrative remedies fail to correct the problem, or if the secretary of
4 state refuses to act, any personindividual may petition the supreme court, or the
5 district court of the relevant county whereif the election of a county officer is involved,
6 for an order compelling the correction of the error, wrong, neglect, or act.
7 SECTION 9. AMENDMENT. Subsection 5 of section 16.1-01-09 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 5. When signed petitions are delivered to the secretary of state, the chairperson of the
10 sponsoring committee shall submit to the secretary of state an affidavit stating that to
11 the best of that individual's knowledge, the petitions contain at least the required
12 number of signatures. The chairperson also shall submit a complete list of petition
13 circulators which must include each circulator's full name and residential address. The
14 residential address must be in this state and identify the circulator's street address,
15 city, and zip code. Upon submission of the petitions to the secretary of state, the
16 petitions are considered filed and may not be returned to the sponsoring committee for
17 the purpose of continuing the circulation process or resubmitting the petitions at a later
18 time. An elector's name may not be removed by the elector from a petition that has
19 been submitted to and received by the secretary of state.
20 SECTION 10. AMENDMENT. Subsection 7 of section 16.1-01-09.1 of the North Dakota
21 Century Code is amended and reenacted as follows:
22 7. When recall petitions are delivered to the secretary of state or other filing officer with
23 whom a petition for nomination to the office in question is filed, the chairman of the
24 sponsoring committee shall submit to the secretary of state or other filing officer an
25 affidavit stating that to the best of that individual's knowledge, the petitions contain at
26 least the required number of signatures. The chairperson also shall submit a complete
27 list of petition circulators which must include each circulator's full name and residential
28 address. The residential address must be in this state and identify the circulator's
29 street address, city, and zip code. Upon submission of the petitions to the appropriate
30 filing officer, the petitions are considered filed and may not be returned to the chairman
31 of the sponsoring committee for the purpose of continuing the circulation process or
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1 resubmitting the petitions at a later time. An elector's name may not be removed by
2 the elector from a recall petition that has been submitted to and received by the
3 appropriate filing officer.
4 SECTION 11. AMENDMENT. Section 16.1-01-12 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 16.1-01-12. Election offenses - Penalty.
7 1. It is unlawful for an individual, measure committee as described in section
8 16.1-08.1-01, or other organization to:
9 a. Fraudulently alter another individual's ballot or, substitute one ballot for another,
10 or to otherwise defraud a voter of that voter's vote.
11 b. Obstruct a qualified elector on the way to a polling place.
12 c. Vote more than once in any election.
13 d. Knowingly vote in the wrong election precinct or district.
14 e. Disobey the lawful command of an election officer as defined in chapter 16.1-05.
15 f. Knowingly exclude a qualified elector from voting or knowingly allow an
16 unqualified personindividual to vote.
17 g. Knowingly vote when not qualified to do so.
18 h. Sign an initiative, referendum, recall, or any other election petition when not
19 qualified to do so.
20 i. Circulate an initiative, referendum, recall, or any other election petition not in its
21 entirety o