# Title 72 — Secretary of State

## Article 72-06 — Elections

## Chapter 72-06-01 — Certifying and Decertifying Electronic Voting Systems

Addressed in This Chapter
### § 72-06-01-01. Definitions.

1. "Company" means any company, corporation, limited liability company, or other entity
engaged in the business of supplying electronic voting systems.
2. "EAC" means the federal election assistance commission or any entity or agency succeeding
to its function or role.
History: Effective March 1, 2004; amended effective July 1, 2006.
General Authority: NDCC 16.1-06-26
Law Implemented: NDCC 16.1-06-26
### § 72-06-01-02. Certification by secretary of state of electronic voting systems.

Prior to procurement and subsequent use in this state, a company supplying electronic voting
systems shall give written notice to the secretary of state and provide a demonstration certifying that its
system complies with applicable laws and is certified by a voting system test laboratory accredited by
the EAC. If the secretary of state approves the voting system, the secretary of state shall issue a
certificate of approval.
Any substantive changes or modifications in electronic voting systems may be certified by the
secretary of state with or without the demonstration described in this section for initial approval
provided that the modified system has been certified by a voting system test laboratory accredited by
the EAC.
History: Effective March 1, 2004; amended effective July 1, 2006; April 1, 2008.
General Authority: NDCC 16.1-06-26
Law Implemented: NDCC 16.1-06-10.1, 16.1-06-11, 16.1-06-14, 16.1-06-26
### § 72-06-01-03. Decertification by secretary of state of electronic voting systems.

The secretary of state may decertify and revoke a certificate of approval of any electronic voting
system previously certified according to section 72-06-01-02 if the secretary of state becomes aware
that:

1. Any substantial modification was made to the electronic voting system that was not certified
according to section 72-06-01-02; or
2. Documented evidence exists showing malfunctioning by the electronic voting system that
cannot be explained by user or operator error, and which the company cannot adequately or
chooses not to account for.
History: Effective March 1, 2004; amended effective July 1, 2006.
General Authority: NDCC 16.1-06-26
Law Implemented: NDCC 16.1-06-14, 16.1-06-26
### § 72-06-01-04. Criteria for approving direct recording electronic voting systems.

Repealed effective January 1, 2022.
### § 72-06-01-05. Defining a vote on digital scan ballots used as a part of an electronic voting

system.
A voting mark that touches the oval on a digital scan ballot used as a part of an electronic voting
system shall be counted as if it were in the oval. A name of an individual who is eligible to be elected
which is written or entered by a voter on the space provided for write-in votes must be counted as a
vote whether or not the oval is darkened and provided there exist no other marks made by the voter for
that contest which would make it impossible to determine the intent of the voter.
History: Effective March 1, 2004; amended effective July 1, 2006; January 1, 2022.
General Authority: NDCC 16.1-06-26
Law Implemented: NDCC 16.1-06-26
### § 72-06-01-06. Defining a vote on direct recording electronic voting systems.

Repealed effective January 1, 2022.
### § 72-06-01-07. Temporarily defining a vote on new electronic voting system, not otherwise

addressed in this chapter.
After certifying a new electronic voting system according to section 72-06-01-01 which is not
otherwise addressed in this chapter, and within sixty days following the issue of a certificate of approval
by the secretary of state, the secretary of state shall temporarily define and publicize what constitutes a
vote on the newly certified voting system, which will govern until a permanent definition is adopted by
rule.
History: Effective March 1, 2004; amended effective July 1, 2006; January 1, 2022.
General Authority: NDCC 16.1-06-26
Law Implemented: NDCC 16.1-06-26
### § 72-06-01-08. Criteria for approving ballot marking devices.

Before the secretary of state grants a certificate of approval, the following capabilities or features of
a ballot marking device must be demonstrated to the secretary of state or the secretary of state's
designee upon such official's request. As used in this section, the term "device" means ballot marking
device. The secretary of state may grant a certificate of approval for a device if the device fulfills the
applicable subsection requirements of North Dakota Century Code section 16.1-06-14 and is approved
or certified by the EAC. The secretary of state may also require that one or more of the following
capabilities or features also be included in a system prior to its approval:

1. Presents the entire ballot to the voter in a series of sequential screens that include methods to
ensure the voter sees all ballot options on all screens before completing the vote and allows
the voter to review all ballot choices before casting a ballot;
2. Does not allow the voter to over vote or cross-party vote and informs the voter if a contest has
been under voted;
3. Is an electronic computer-controlled voting system that provides for direct marking of the
voter's choices on a paper ballot without tabulation of votes cast;
4. Has a battery backup system that, at a minimum, allows voting to continue uninterrupted for
two hours without external power;
5. Is designed to accommodate multiple ballot styles in each election precinct and multiple
precincts;
6. Has a real-time clock capable of recording and documenting the total time polls are open in a
precinct and capable of documenting the opening and closing of polls;
7. Complies with the disability voting requirements of the Help America Vote Act [Pub. L.
107-252; 42 U.S.C. 15301-15545];
8. For security purposes, along with each associated activating and recording device and
component, employs a unique, electronically implanted election-specific internal security code
such that the absence of the security code prevents operation;
9. Has a color touchscreen that is at least fifteen inches [38.1 centimeters] in diagonal measure;
10. Has an option to accommodate a wheelchair voter without intervention of the poll worker other
than a minor adjustment such as the angle of the display, and the voter must be able to vote in
a face-first position so that privacy is maintained with the ballot surface adjusted to a vertical
position;
11. Has wheels so that the system may be easily rolled by one person on rough pavement and
rolled through a standard thirty-inch [76.2-centimeter] doorframe if the net weight of the
system, or aggregate of voting device parts, is over twenty pounds [9.07 kilograms];
12. Is activated by an official election ballot;
13. Upon activation is able to detect any premarked votes, and if votes are present, the device will
not allow the voter to mark any additional votes with the device;
14. Has the capability to display, both visually and through voice files, the marked votes on a
paper ballot for the benefit of a person who is not able to read or see the marks on the ballot
and who desires an independent verification of marked votes prior to casting and tabulation of
the votes;
15. The system central processing unit is designed so that no executable code may be launched
from random access memory. If the operating system is open or widely used, it must be an
embedded system;
16. Has a programmable memory card that plugs into the system. This programmable memory
card shall contain the ballot definitions;
17. Has a self-contained, internal backup battery that powers all components of the system that
are powered by alternating current power. In the event of a power outage, the self-contained,
internal backup battery power shall engage with no disruption of operation or loss of ballot
definitions;

18. Has the capability to support early voting; and
19. Has internal operating system software or firmware that:
a. Is specifically designed and engineered for the election application;
b. Is contained within each ballot marking device;
c. Is stored in a nonvolatile memory within each terminal;
d. Includes internal quality checks such as purity or error detection and correction codes;
and
e. Includes comprehensive diagnostics to ensure that failures do not go undetected.
History: Effective July 1, 2006; amended effective January 1, 2022.
General Authority: NDCC 16.1-06-26
Law Implemented: NDCC 16.1-06-14, 16.1-06-26
