# Title 16.1 — Elections

## Chapter 16.1-02 — Central Voter File

### § 16.1-02-01. Permanent central voter file.

A permanent, centralized electronic database of voters, to be known as the central voter file,
is established with the offices of the secretary of state and county auditors linked together by a
centralized statewide system. The county auditor is chief custodian of the central voter file
records in each county. The secretary of state shall maintain the central voter file and provide
training and documentation that users who have been granted access to the system shall follow.
The central voter file must be accessible by the secretary of state and all county auditors for
purposes of preventing and determining voter fraud, making changes and updates, and
generating information, including pollbooks, reports, inquiries, forms, and voter lists.
### § 16.1-02-02. Costs of creating and maintaining a central voter file.

The offices required to perform the functions and duties of this chapter shall bear the costs
incurred in performing those duties, and the secretary of state shall pay the costs of operating
and maintaining the central voter file. As used in this section, costs of maintaining the central
voter file mean costs of annual software licenses, costs for software hosting, costs of necessary
enhancements to the software, database updates, and the costs for implementing the duties
and responsibilities of the secretary of state's office relating to the central voter file.
### § 16.1-02-03. Secretary of state to establish the central voter file with department of

transportation and county auditors.
1. Not later than the primary election in 2008, the secretary of state shall establish the
central voter file in cooperation with the department of transportation and county
auditors.
2. The secretary of state shall establish the initial central voter file from records
maintained by the department of transportation. Each county auditor shall compare the
initial central voter file against all precinct pollbooks used in the auditor's county during
and created from the general elections in the two previous election years and any
reasonably reliable updates made by the county auditor since the general elections in
the two previous election years. Any individual contained in the initial central voter file
who voted at either of the general elections in the two previous election years must be
designated as "active" in the initial central voter file. Any individual contained in the
initial central voter file who did not vote at either of the general elections in the two
previous election years must be designated as "inactive" in the initial central voter file.
3. Each individual contained in the initial central voter file must be assigned a unique
identifier. An individual's unique identifier must be randomly generated and assigned to
the individual.
4. When establishing the initial central voter file from the records maintained by the
department of transportation and the pollbooks from the general elections in the two
previous election years, the secretary of state and county auditors shall attempt to
correct address errors and misspellings of names.
### § 16.1-02-04. Precinct boundaries changed - Change to the central voter file.

When the boundaries of a precinct are changed, the county auditor shall immediately
update the voter records for that precinct in the central voter file to accurately reflect those
changes. The county auditor shall provide to the secretary of state all materials requested for
existing precincts or to assist in making or verifying the required changes.
### § 16.1-02-05. Entry of new voters into the central voter file - Query of the central voter

file for double voting - Postelection verification.
1. Before the meeting of the county canvassing board following an election, the county
auditor shall enter the name and required information of each individual who voted at
the last election who is not already contained in the central voter file and update any

required information requested and obtained at the last election for any individual
contained in the central voter file.
2. The secretary of state, with the assistance of the county auditors, before the meeting
of the state canvassing board, shall query the central voter file to determine if any
individual voted more than once during the preceding election. The secretary of state
shall immediately notify the county auditor and state's attorney in each affected county
for further investigation.
3. Upon return of any nonforwardable mail from an election official, the county auditor
shall ascertain the name and address of that individual. If the individual is no longer at
the address recorded in the central voter file, the county auditor shall transfer the voter
to the correct precinct in the central voter file or notify the county of the voter's new
residence so the voter record can be transferred to the correct county. If a notice
mailed at least sixty days after the return of the first nonforwardable mail is also
returned by the postal service, the county auditor shall designate the individual as
"inactive" in the central voter file.
### § 16.1-02-06. Reporting deceased individuals and changes of names - Changes to

records in the central voter file.
1. The department of health and human services shall provide for the regular reporting to
the secretary of state the name, address, date of birth, and county of residence, if
available, of each individual eighteen years of age or older who has died while
maintaining residence in this state since the last report. Within thirty days after
receiving a report, the secretary of state shall designate each individual included in the
report as "deceased" in the central voter file.
2. The department of health and human services shall provide for the regular reporting to
the secretary of state the name, address, date of birth, and county of residence, if
available, of each individual eighteen years of age or older whose name was changed
by marriage since the last report.
3. After receiving notice of death of an individual who has died outside the county, the
county auditor shall designate that individual as "deceased" in the central voter file.
Notice must be in the form of a printed obituary or a written statement signed by an
individual having knowledge of the death of the individual.
### § 16.1-02-07. Reporting changes of names - Changes to records in the central voter file.

The state court administrator shall provide for the regular reporting to the secretary of state
the name, address, date of birth, and county of residence, if available, of each individual
eighteen years of age or older whose name was changed by divorce or any order or decree of
the court since the last report. Any individual who has obtained a civil protection order under
chapter 14-07.7 must be listed in the central voter file with a "secured active" designation. A
"secured active" designation means a record maintained as an active voter for pollbook
purposes, but otherwise is an exempt record. The state court administrator or the bureau of
criminal investigation shall make available upon request of the secretary of state the name of
each individual who has obtained such an order.
### § 16.1-02-08. Reporting incarcerations - Changes to records in the central voter file.

Repealed by S.L. 2005, ch. 181, § 7.
### § 16.1-02-08.1. Reporting incarcerations - Changes to records in the central voter file.

1. The director of the department of corrections and rehabilitation shall provide a report to
the secretary of state, including the name, address, date of birth, date of sentence,
effective date of the sentence, and county in which the conviction occurred, if
available, of each individual who has been convicted of a felony and incarcerated
under the legal and physical custody of the department of corrections and
rehabilitation since the last report. The report must be provided every Monday

morning. The secretary of state shall designate each individual in the report with an
ineligible voter status in the central voter file.
2. The director of the department of corrections and rehabilitation shall provide a report to
the secretary of state, including the name, address, and date of birth, if available, of
each individual previously convicted of and incarcerated for a felony whose civil rights
have been restored as provided in chapter 12.1-33 since the last report. The report
must be provided every Monday morning. The secretary of state shall change the
ineligible voter status of the individual in the central voter file to the appropriate status.
3. An individual who has been convicted of and incarcerated for a felony and whose civil
rights have been restored as provided under chapter 12.1-33 must be allowed to vote
if the individual meets the qualifications of an elector under section 16.1-01-04. The
county auditor shall change the status of the individual's record in the central voter file
as necessary.
### § 16.1-02-09. Department of transportation to report updates to the secretary of state.

The department of transportation shall report regularly to the secretary of state any
relevant changes and updates to records maintained by the department of transportation which
may require changes and updates to be made to records of individuals contained in the central
voter file. The report must include the individual's:
1. Complete legal name, including both previous and current names if changed;
2. Complete residential address, including both previous and current residential
addresses if changed;
3. Complete mailing address, including both previous and current mailing addresses if
changed;
4. Driver's license or nondriver identification number, including both previous and current
numbers if changed; and
5. Citizenship status, including both previous and current citizenship status if changed.
### § 16.1-02-10. Posting voting history - Failure to vote - Individuals designated inactive.

Before the end of the contest period allowed under section 16.1-16-04, each county auditor
shall post the voting history for each individual who voted in the election. After the close of each
even-numbered calendar year, the secretary of state shall determine if any individual has not
voted during the preceding four years and shall change the status of each such individual to
"inactive" in the central voter file. Although not counted in an election, a late absentee ballot
from an individual may not be used to designate an individual as "inactive" in the central voter
file.
### § 16.1-02-11. Secretary of state may adopt rules for the purpose of maintaining the

central voter file.
The secretary of state may adopt rules and procedures according to subsection 3 of section
may:
1. Provide for the establishment and maintenance of a central voter file.
2. Provide for the generation and assignment of a unique identifier to each individual
contained in the central voter file.
3. Provide procedures for entering data into the central voter file.
4. Provide for any additional information to be requested of and obtained from an
individual which is to be maintained in the central voter file, not already provided by
law, but necessary for the proper administration of the central voter file.
5. Provide for the exchange of records maintained by the appropriate state and county
agencies and officials for receiving regular reports regarding individuals and records of
individuals contained in the central voter file.
6. Allow each county auditor and the secretary of state to add, modify, and delete
information from the central voter file to ensure accurate and up-to-date records.

7. Allow each county auditor and the secretary of state to have access to the central
voter file for review, search, and inquiry capabilities.
8. Provide security and protection of all information contained in the central voter file and
ensure unauthorized access and entry is prohibited.
9. Provide a system for each county to identify the precinct to which an individual should
be assigned for voting purposes.
### § 16.1-02-12. Information contained and maintained in the central voter file.

The central voter file must contain the following information for each individual included in
the file:
1. The complete legal name of the individual.
2. The complete residential address of the individual.
3. The complete mailing address of the individual, if different from the individual's
residential address.
4. The unique identifier generated and assigned to the individual.
5. A status designation of the individual's eligibility to vote in a precinct.
6. The county, legislative district, city or township, school district, county commissioner
district, if applicable, precinct name, and precinct number in which the individual
resides.
7. Beginning in 2008, four years of an individual's voting history, if applicable.
8. Date of birth.
9. The individual's driver's license or nondriver identification card number issued by the
department of transportation, or the unique identifier from an official form of
identification issued by a tribal government to a tribal member residing in this state.
10. Any other information requested of and obtained from the individual deemed
necessary by the secretary of state for the proper administration of the central voter
file.
### § 16.1-02-13. Information contained in pollbooks generated from the central voter file.

The county auditor shall generate a pollbook for each precinct in the county from the central
voter file by the day before an election. With the exception of a record designated "secured
active" and the voter's birth date and driver's license or nondriver identification card number
issued by the department of transportation, which are exempt records, the precinct pollbooks
are open records under section 44-04-18. When providing access to or a copy of a pollbook, the
election official administering the election shall redact from the pollbook any voter records
designated as secured active along with the voter's date of birth and identification numbers
listed on the paper pollbook used in an election. If an electronic pollbook is used, the election
official, upon request for a copy of the pollbook, shall generate a list including the allowable
information detailed in this section for the individuals who voted in the election. The list provided
from an electronic pollbook may be requested by precinct or county. The secretary of state shall
prescribe procedures for generating pollbooks and for transporting the pollbooks to the poll
clerks for use on election day. Electronic pollbooks may have a secure connection from the
polling place to the data maintained in the central voter file to ensure the integrity of the election.
Each pollbook generated from the central voter file must contain the following information for
each individual contained in the pollbook:
1. The complete legal name of the individual.
2. The complete residential address of the individual.
3. The complete mailing address of the individual, if different from the individual's
residential address.
4. The unique identifier generated and assigned to the individual.
5. The county, legislative district, city or township, school district, county commissioner
district, if applicable, precinct name, and precinct number in which the individual
resides. A ballot-style code identifying this information may be used in place of the
information required by this subsection.
6. Any other information requested of and obtained from the individual deemed
necessary by the secretary of state for the proper administration of the pollbook.

### § 16.1-02-14. Voter lists and reports to be made available for jury management.

1. By February first of each year, the secretary of state shall transmit information from the
central voter file to the state court administrator for the purpose of compiling the
master list of jurors under chapter 27-09.1.
2. After each general election at which the president of the United States is elected, the
secretary of state shall transmit information from the central voter file to the jury
administrator for the federal court in North Dakota.
### § 16.1-02-15. Voter lists and reports may be made available for election-related

purposes - Funds received.
Except as otherwise provided by law, a voter list or a report generated from the central voter
file may be made available to a candidate, political party, or a political committee for
election-related purposes. Any information obtained by a candidate, political party, or political
committee for election-related purposes from a list or report generated from the central voter file
may not be sold or distributed for a purpose that is not election-related. Except for information
identified in the central voter file under subsections 1, 2, 3, 4, 5, 6, 7, and 10 of section
16.1-02-12, which may be made available to a candidate, political party, or political committee
for election-related purposes, information in the central voter file is an exempt record. An
individual's record that is designated as "secured active" is an exempt record and is not
available to any candidate, political party, or political committee for any purpose. Any funds
received by the secretary of state to pay the cost of producing a report or list of voters contained
in the central voter file must be deposited in the secretary of state's general services operating
fund.
### § 16.1-02-15.1. Voter lists and reports - Availability for voter list maintenance.

The secretary of state may generate a voter list or a report generated from the central voter
file to be transmitted to other states, or a consortium of states, for maintaining the integrity of
elections.
### § 16.1-02-16. Violations - Penalties.

1. An individual may not intentionally:
a. Remove an individual from the central voter file or change a record of an
individual contained in the central voter file in a manner or for a purpose not
authorized by law; or
b. Add a name of an individual to the central voter file or add a record of an
individual contained in the central voter file in a manner or for a purpose not
authorized by law.
2. A deputy, clerk, employee, or other subordinate of a county auditor who has
knowledge or reason to believe that a violation of this chapter has occurred shall
immediately transmit a report of the knowledge or belief to the county auditor, except if
the suspected violation may have been committed by the county auditor, in which case
the report must be immediately transmitted to the state's attorney, together with any
evidence of the violation. A county auditor who has knowledge or reason to believe
that a violation of this chapter has occurred shall immediately transmit a report of the
knowledge or belief to the state's attorney of the county where the violation is believed
to have occurred, together with any evidence of the violation. The county auditor shall
also immediately send a copy of the report to the secretary of state.
3. An individual who intentionally violates any provision of this chapter is guilty of a
class A misdemeanor, unless a different penalty is specifically provided by law.
