# Title 72 — Secretary of State

## Article 72-06 — Elections

## Chapter 72-06-03 — Tribal Identification for Voting

### § 72-06-03-01. Definitions.

1. "Federal" as used in paragraphs three and five of subdivision b of subsection 3 of North
Dakota Century Code section 16.1-01-04.1 includes tribal governments within the state.
2. "Supplemental documentation", for the purpose of voting, means documents provided by the
sources listed in subdivision b of subsection 3 of North Dakota Century Code section
16.1-01-04.1, including tribal governments in North Dakota, that correct, explain, or add to the
information included on an individual's current identification relating to name, date of birth, and
residential street address.
3. "Tribal government" means the officially recognized government of any Indian tribe, nation, or
other organized group or community located in North Dakota exercising self-government
powers and recognized as eligible for services provided by the United States. The term
includes:
a. The bureau of Indian affairs working on behalf of a tribal government located in North
Dakota; or
b. A tribal agency or entity of any tribal government located in North Dakota.
History: Effective February 5, 2020.
General Authority: NDCC 16.1-02-11
Law Implemented: NDCC 16.1-01-04.1
### § 72-06-03-02. Tribal identification.

A valid tribal identification for the purposes of voting may be any document deemed official by a
tribal government, issued by a tribal government in this state to a tribal member residing in North
Dakota, and listing the tribal member’s name, date of birth, and residential street address. The
secretary of state shall provide a form that a tribal government may use to provide a valid form of voting
identification to any tribal members that do not already have a tribal identification, North Dakota driver's
license, or North Dakota nondriver's identification. A tribal government may use any form prescribed by
the tribal government instead of the form provided by the secretary of state, so long as the form is
consistent with this section and North Dakota Century Code section 16.1-01-04.1.
History: Effective February 5, 2020.
General Authority: NDCC 16.1-02-11
Law Implemented: NDCC 16.1-01-04.1
### § 72-06-03-03. Central voter file and tribal identification.

To expedite the use of tribal identification for tribal members residing in North Dakota, the secretary
of state shall enter into a memorandum of agreement at the request of any tribal government located in
North Dakota for the purposes of receiving tribal identification information regarding tribal members for
entry and secure storage in the central voter file. The information provided must be added to a record
that already exists in the central voter file or must be used to create a new record if no record for the

individual exists in the file. On a regular basis, which must be outlined in the memorandum of
agreement, the tribal government shall provide to the secretary of state any changes to a record that
have been received from tribal members, which the secretary of state shall use to update the records in
the central voter file.
The information provided from tribal governments to the secretary of state for the central voter file
must include the tribal member's:
1. Full legal name;
2. Date of birth;
3. Current residential street address in North Dakota;
4. Current mailing address;
5. Tribal identification number;
6. If applicable, the North Dakota driver's license or nondriver's identification number issued to
the individual from the department of transportation; and
7. If necessary, any other information that would assist the secretary of state in assigning the
tribal member to the proper precinct in which the member resides.
Any memorandum of agreement entered into pursuant to this section must comply with
requirements of North Dakota Century Code chapter 54-40.2.
History: Effective February 5, 2020.
General Authority: NDCC 16.1-02-11
Law Implemented: NDCC 16.1-01-04.1
### § 72-06-03-04. Supplemental documentation.

The secretary of state shall provide a form that a tribal government may use for the purpose of
providing supplemental documentation to a tribal member whose identification does not provide the
tribal member's current name, date of birth, or residential street address. The supplemental
documentation provided by a tribal government to a tribal member must be brought by the member to
the polling place along with the identification and presented to the poll worker for the correct ballot to be
issued. For tribal members voting by absentee or mail ballot, a copy of the supplemental
documentation must be provided along with the application for the ballot. A tribal government may use
any form prescribed by the tribal government instead of the form provided by the secretary of state, so
long as the form is consistent with this section and North Dakota Century Code section 16.1-01-04.1.
The secretary of state shall provide a form that may be used by a federal, state, or local
government to provide supplemental documentation to an individual for the purpose of voting.
History: Effective February 5, 2020.
General Authority: NDCC 16.1-02-11
Law Implemented: NDCC 16.1-01-04.1
### § 72-06-03-05. Tribal members voting a set aside ballot.

In counties that include tribal reservation land, immediately after the election, the secretary of state
shall send to the applicable tribal government by electronic mail the names of all individuals whose
marked ballot was set aside because the identification provided did not contain current information.
Prior to the meeting of the county canvassing board occurring on the sixth day after the election, the
tribal government may respond to the secretary of state with correct information that was missing or not
current for any tribal member included in the list of individuals who marked a set aside ballot. The

secretary of state shall provide a form for the tribal government to use to respond with correct or
missing information. A tribal government may use any form prescribed by the tribal government instead
of the form provided by the secretary of state, so long as the form is consistent with this section and
North Dakota Century Code section 16.1-01-04.1.
Upon receipt of the information provided by the tribal government, the secretary of state shall
update the central voter file with the correct or current information and shall notify the county auditor of
the county in which the tribal member resides that the set aside ballot for the member must be counted
at the meeting of the canvassing board.
History: Effective February 5, 2020.
General Authority: NDCC 16.1-02-11
Law Implemented: NDCC 16.1-01-04.1
