# Title 16.1 — Elections

## Chapter 16.1-07 — Absent Voters' Ballots and Absentee Voting

### § 16.1-07-01. Absent voter.

Any qualified elector of this state may vote an absent voter's ballot at any general, special,
or primary state election, any county election, or any city or school district election. An elector
who votes by absentee ballot may not vote in person at the same election.
### § 16.1-07-02. Elector may vote before leaving - No voting in person upon return.

Repealed by S.L. 1997, ch. 192, § 5.
### § 16.1-07-03. Preparation and printing of ballots.

Repealed by S.L. 2011, ch. 154, § 19.
### § 16.1-07-04. When ballots furnished proper officials.

The county auditor, or any other officer required by law to prepare any general, special, or
primary state election ballots or any county election ballots, shall prepare, have printed, and
deliver to the county auditor at least forty days before the holding of any general, special, or
primary state election a sufficient number of absent voter ballots for the use of all voters likely to
require such ballots for that election. In city or school elections, the auditor or clerk of the city,
the business manager of the school district, or any other officer required by law to prepare city
or school election ballots shall prepare and have printed and available for distribution to the
public at least forty days before the holding of any city or school election a sufficient number of
absent voter's ballots for the use of all voters likely to require such ballots for that election.
Officers authorized to distribute absent voter's ballots under this chapter shall ensure all ballots
used as absent voter's ballots are secure at all times and accessible only to those persons
under the officer's supervision for distribution. If an election official personally distributes and
collects an absent voter's ballot outside the election official's office, appointed election judges
from an election board shall accompany the election official along with the ballot to and from the
voter's location and be present while the voter is marking the ballot.
### § 16.1-07-05. Time for applying for ballot - Emergency situations - Sufficient time for

application and ballot return.
1. At any time in an election year, any qualified elector may apply to the county auditor,
the auditor or clerk of the city, or the business manager of the school district, as the
case may be, by personal delivery, facsimile, electronic mail or otherwise, for an official
ballot to be voted at that election. A voter may obtain an application form approved by
the secretary of state, for an absent voter's ballot for a general, special, primary,
county, city, or school election from the secretary of state, a county or city auditor, a
candidate, a political party, or a political committee. The application form must provide
the applicant the ability to indicate which elections in the calendar year the applicant
wishes to vote by absentee ballot.
2. No auditor or clerk may issue ballots for absentee voters on the day of the election
except to individuals prevented from voting in person on the day of the election due to
an emergency. An individual requesting an absentee ballot on the day of the election
due to an emergency must do so through an agent as set forth in this chapter. An
agent may represent only one individual. The absentee ballot must be returned to the
county auditor's office by four p.m. on the day of the election.
3. A completed application must be submitted to the appropriate election official in a
timely manner so as to allow the applicant to receive, complete, and mail the absent
voter's ballot before the day of the election.
### § 16.1-07-06. Application form.

1. Application for an absent voter's or mail ballot must be made on a form, prescribed by
the secretary of state, to be furnished by the proper officer of the county, city, or school

district in which the applicant is an elector, or any form, approved by the secretary of
state, containing the following:
a. The applicant's name.
b. The applicant's current or most recent North Dakota residential address.
c. The applicant's mailing address.
d. The applicant's current contact telephone number, if available.
e. The election for which the ballot is being requested.
f. The date of the request.
g. An affirmation that the applicant has resided, or will reside, in the precinct for at
least thirty days next preceding the election and will be a qualified elector of the
precinct.
h. The applicant's signature, a notification the signature on this affidavit will be
compared to the signature on the affidavit on the envelope in which the absentee
ballot must be placed.
i. The designation of the individual's status as a citizen of this country and resident
of this state living outside the United States, a uniformed service member living
away from the individual's North Dakota residence, or an immediate family
member of the uniformed service member living away from the individual's North
Dakota residence.
j. The applicant's date of birth.
k. The identification number from one of the applicant's valid forms of identification,
a copy of the applicant's long-term care certificate, and, if necessary, a copy of
the applicant's supplemental identification under section 16.1-01-04.1.
2. If the applicant is unable to sign the applicant's name to the application, the applicant
shall mark (X) or use the applicant's signature stamp on the application in the
presence of a disinterested individual. The disinterested individual shall print the name
of the individual marking the X or using the signature stamp below the X or signature
stamp and shall sign the disinterested individual's own name following the printed
name together with the notation "witness to the mark".
3. If the applicant does not possess or cannot secure an approved form of identification
as provided for under section 16.1-01-04.1 due to a disability with which the individual
lives and which prevents the individual from traveling to obtain, the application also
must be signed by another qualified elector who, by signing, certifies that the applicant
is a qualified elector. The secretary of state shall prescribe the form of the certification
required under this subsection. An individual may not certify the qualifications of more
than four applicants in an election.
4. The application must include the following additional information if the individual
desires to access the ballot by electronic means:
a. Facsimile telephone number; or
b. Electronic mail address.
5. An incomplete application must be returned to the applicant for completion and
resubmission.
6. Except for the applicant's date of birth, identification card number, and any
supplemental documentation provided under section 16.1-01-04.1, the application is
an open record under section 44-04-18.
### § 16.1-07-07. Delivering application form for ballot.

The officers specified in section 16.1-07-05, upon request, shall provide an application form
for an absent voter's ballot to the voter or may deliver the application form to the voter upon a
personal application made at the officer's office. The officers also may make available or
distribute the applications, prescribed by the secretary of state, to the public without any specific
request being made for the applications. For every primary, general, special statewide, district,
or county election, the county auditor shall mail the applications in an envelope prescribed by
the secretary of state.

### § 16.1-07-08. Delivering ballots - Envelopes accompanying - Affidavit on envelope -

Challenging electors voting by absentee ballot - Inability of elector to sign name.
1. Upon receipt of an application for an official ballot properly filled out and duly signed,
or as soon after receipt of the application as the official ballot for the precinct in which
the applicant resides has been prepared, the county auditor, city auditor, or business
manager of the school district, as the case may be, shall send to the absent voter by
mail or secure electronic delivery, if the secretary of state determines the necessary
technology is available and according to the choice made by the voter on the
application for the ballot, at the expense of the political subdivision conducting the
election, one official ballot, or personally deliver the ballot to the applicant or the
applicant's agent, which agent may not, at that time, be a candidate for any office to be
voted upon by the absent voter. The agent shall sign the agent's name before
receiving the ballot and deposit with the auditor or business manager of the school
district, as the case may be, authorization in writing from the applicant to receive the
ballot or according to requirements set forth for signature by mark. The auditor or
business manager of the school district, as the case may be, may not provide an
absent voter's ballot to an individual acting as an agent who cannot provide a signed,
written authorization from an applicant. A person may not receive compensation,
including money, goods, or services, for acting as an agent for an elector, and a
person may not act as an agent for more than four electors in any one election. A voter
voting by absentee ballot may not require the political subdivision providing the ballot
to bear the expense of the return postage for an absentee ballot.
2. With the exception provided in section 16.1-07-24 for secure remote electronic casting
of a ballot granted to a covered voter, the absent voter marking the ballot by electronic
means shall return the instrument containing the vote selections made by the voter to
the assigned polling place where, after being recorded in the pollbook by a poll clerk,
the choices listed in the instrument will be converted into the official ballot. Upon
confirmation by the voter the vote selections marked by the ballot marking device are
correct, the voter shall cast the ballot in the tabulation device.
3. Any qualified elector living with a disability that prevents the elector from reading or
marking the ballot without assistance and who wishes to cast an absentee ballot may
mark the electronic ballot by electronic means. The voter then shall deposit the ballot
electronically on the secure server that is used by covered voters as defined in section
### § 16.1-07-18. Upon system notification that a ballot has been left by a qualified voter, an

election official shall print the ballot, place the ballot in a secrecy envelope, attach the
absent voter's application for the ballot, and securely store the enveloped ballot and
the application with all the other absentee ballots. When the absentee ballot election
board meets to process and count absentee ballots, the ballot from the covered voter
must be transferred onto a paper ballot and tabulated with all the other valid absent
voters' ballots.
4. For every primary, general, special statewide, district, or county election, the county
auditor shall use the outgoing, return, and secrecy envelopes prescribed by the
secretary of state. If there is more than one ballot to be voted by an elector of the
precinct and the voting system will be unable to tabulate one or more of the ballots,
one of each kind must be included and a secrecy envelope and a return envelope
must be enclosed with the ballot or ballots. The front of the return envelope must bear
the official title and post-office address of the officer supplying the voter with the ballot
and upon the other side a printed voter's affidavit in substantially the following form:
Precinct ______________________________________________
Name ________________________________________________
Residential Address _____________________________________
City ___________________________ ND Zip Code ____________
Under penalty of possible criminal prosecution for making a false
statement, I swear that I reside at the residential address provided
above, that I have resided in my precinct for at least thirty days
next preceding the election, and this is the only ballot I will cast

in this election.
Applicant's Signature ____________________________________
Date _________________________________________________
The signature on this affidavit will be compared to the signature on the
affidavit included in the application for the absentee ballot.
5. If the absent voter is unable to sign the voter's name on the affidavit required under
this section, the voter shall mark (X) or use the applicant's signature stamp on the
affidavit in the presence of a disinterested individual. The disinterested individual shall
print the name of the individual marking the X or using the signature stamp below the
X or signature stamp and shall sign the disinterested individual's own name following
the printed name together with the notation "witness to the mark".
6. Each individual requesting an absent voter's ballot under this chapter must be
provided a set of instructions, prescribed by the secretary of state, sufficient to
describe the process of voting by absent voter's ballot. The voting instructions must
contain a statement informing the individual that the individual is entitled to complete
the absent voter's ballot in secrecy.
7. Each individual requesting an absent voter's ballot by mail under this chapter who
cannot read the English language or lives with a disability preventing the individual
from marking the voter's ballot may receive, upon request, the assistance of any
individual of the voter's choice, other than the voter's employer, an officer or agent of
the voter's union, a candidate running in that election, or a relative of a candidate as
described in subsection 2 of section 16.1-05-02, in marking the voter's ballot.
8. An election official shall deliver an absentee ballot to a qualified elector only upon
receipt of an application meeting the requirements of section 16.1-07-06 from the
elector.
### § 16.1-07-08.1. Procedures for voting with special write-in or federal write-in absentee

ballot.
Repealed by S.L. 2011, ch. 154, § 19.
### § 16.1-07-09. Canvassing of mailed absent voter's ballot received late.

1. In congressional, state, county, city, or school district elections, an envelope containing
an absent voter's ballot must be received by the officer before the close of polls on
election day. An absent voter's ballot received after the close of polls on election day
must be forwarded to the canvassing board of the county, the governing body of the
city, or the school board of the school district, as the case may be, at the time the
returns are canvassed.
2. Before forwarding a ballot to the canvassing board under this section, the officer
forwarding the ballot shall print the date and time of receipt on the envelope. An absent
voter may personally deliver the absent voter's ballot to the appropriate officer's office
at any time before the close of polls on election day. Any envelope containing an
absent voter's ballot received after the close of polls on election day may not be tallied
with the ballots timely submitted for the election. Upon receipt, the canvassing board
shall determine that the elector was qualified to vote in that precinct, that the elector
did not previously vote in that precinct on the date of the election, and that the
signatures on the absentee ballot application and the voter's affidavit were signed by
the same individual before allowing the ballot to be tallied.
### § 16.1-07-10. Care and custody of ballot - Submitted ballot may not be returned.

Upon receipt of an envelope containing the absent voter's ballot, the proper officer
immediately shall attach the application of the absent voter and file the ballot with other
absentee ballots from the same precinct. If the election official has reason to suspect the
signature on the application was made by a different individual than the individual who signed
the affidavit on the return ballot envelope, the election official shall attempt to contact the absent
voter as soon as practicable to provide an opportunity to validate the signatures. Contact shall

first be attempted by phone if the absent voter provided a phone number on the submitted
application. If the election official is unable to speak with the absent voter, the election official
shall mail a notice informing the absent voter the absentee ballot has been identified as having
a signature mismatch and will be rejected if not verified. After submission to the appropriate
election officer, a marked absent voter's ballot may not be returned to the voter for any reason
other than to complete any missing information required on the affidavit on the back of the
return envelope. Before delivering the absentee ballots to the absentee ballot precinct, the
proper officer shall package the ballots in a manner so the ballots are sealed securely. The
package must be endorsed with the name of the proper voting precinct, the name and official
title of the officer, and the words "This package contains an absent voter's ballot and must be
opened only according to the processing provisions of section 16.1-07-12." The officer shall
keep the package safely in the officer's office until the package is delivered by the officer as
provided in this chapter.
### § 16.1-07-11. Submitting ballot to inspector of elections.

Repealed by S.L. 2021, ch. 164, § 114.
### § 16.1-07-12. Opening ballot - Voting or rejecting - Depositing in ballot box - Preserving.

1. At any time beginning three business days before election day and ending when the
polls close on election day, the election clerks and board members of the relevant
polling place first shall compare the signature on the application for an absent voter's
ballot with the signature on the voter's affidavit provided for in section 16.1-07-08 to
ensure the signatures correspond. If the applicant is then a duly qualified elector of the
precinct and has not voted at the election, an election clerk or board member shall
open the absent voter's envelope in a manner as not to destroy the affidavit on the
envelope. The election clerk or board member shall take out the secrecy envelope with
the ballot inside without unfolding the ballot, or permitting the ballot to be opened or
examined, and indicate in the pollbook of the election the elector has voted. The
election board members not participating in the comparing of signatures and entering
voters into the pollbook shall remove the ballot from the secrecy envelope, unfold and
initial the ballot, and deposit the ballot in the proper ballot box for tabulation. The votes
from the ballots may not be tallied and the tabulation reports may not be generated
until the polls have closed on election day.
2. If the affidavit on the outer envelope of a returned absentee ballot is found to be
insufficient, or the signatures on the application and affidavit do not correspond, or the
applicant is not then a duly qualified elector of the precinct, the vote may not be
allowed, and without opening the absent voter's envelope, the election inspector or
election judge shall mark across the face of the ballot "rejected as defective" or
"rejected as not an elector", as the case may be. The ballots rejected under this
subsection then are turned over to the county canvassing board for final determination
of eligibility. The subsequent death of an absentee voter after voting by absentee ballot
is not grounds for rejecting the ballot.
### § 16.1-07-12.1. Absentee ballot precinct - Election board appointment - Ballot counting.

1. For any primary, general, or special statewide, district, or county election, the board of
county commissioners shall create a special precinct, known as an absentee ballot
precinct, to count all absentee ballots cast in an election in that county. The election
board of the absentee ballot precinct must be known as the absentee ballot counting
board. The county auditor shall supply the board with all necessary election supplies
as provided in chapter 16.1-06.
2. If the board of county commissioners chooses to establish an absentee ballot precinct
according to this section, the following provisions apply:
a. The county auditor shall appoint the absentee ballot counting board that consists
of one independent representative to act as the inspector and an equal number of
representatives from each political party represented on an election board in the

county, as set forth in section 16.1-05-01, to act as judges. Each official of the
board shall take the oath required by section 16.1-05-02 and must be
compensated as provided in section 16.1-05-05.
b. The county auditor shall have the absentee ballots delivered to the inspector of
the absentee ballot counting board with the election supplies, or if received later,
then prior to the closing of the polls.
c. The absentee ballot counting board shall occupy a location designated by the
county auditor which must be open to any individual for the purpose of observing
the counting process.
d. The absentee ballots must be opened and handled as required in section
### § 16.1-07-12. The county auditor shall designate a location for the closing,

counting, and canvassing process under chapter 16.1-15, which location must be
open to any person for the purpose of observing. The board shall comply with the
requirements of sections 16.1-15-04 through 16.1-15-12, as applicable.
### § 16.1-07-13. Registration of absent voters' ballots on electronic voting systems.

Repealed by S.L. 2021, ch. 164, § 114.
### § 16.1-07-13.1. Signature mismatch - Verification of signatures.

1. If an election official, absentee ballot precinct election board, or the canvassing board
has reason to suspect the absent voter's signatures on the application and the affidavit
on the returned ballot envelope do not match, the election official shall notify the
absent voter the signatures do not appear to match. The notification must include
instructions by which the absent voter may confirm the validity of the signatures, a
statement that verification is required before the ballot can be counted, the date and
time of the canvassing board meeting, and a statement that verification must be
completed by the absent voter before close of the meeting of the canvassing board
occurring thirteen days after the election.
2. The absent voter may confirm the validity of the signatures by written communication
or personal visit to the office of the election official administering the election. If the
voter confirms by written communication, the written communication must include a
copy of the identification used when applying for the ballot. If the voter confirms
through a personal visit to the election official, the voter must show the identification
used when applying for the ballot. The election official shall make a copy of the
identification shown, and the copy must be included with the application and ballot
when provided to the election board or canvassing board, whichever would be
appropriate based on when the voter verified the signatures. The canvassing board
shall include in the final tally the ballot from an absent voter who has completed the
verification process and was eligible to vote the returned ballot.
3. An individual contacted regarding the mismatch of signatures may deny making the
application or returning the ballot. The election official receiving the denial shall turn
the application and uncounted ballot over to the county state's attorney for
investigation of attempted voter fraud.
4. The election official shall record in the minutes of the county canvassing board the
manner and number of attempts made to contact an absent voter for signature
verification, the number of ballots included in the tally because the signatures were
verified, and the number of ballots ultimately rejected by the canvassing board along
with the reasons for the rejections.
5. After the meeting of the canvassing board, the election official shall send a written
notice to each absent voter whose ballot was rejected and not counted because of
signature mismatch.
### § 16.1-07-14. Penalty.

Any person who violates any of the provisions of this chapter is guilty of a class A
misdemeanor.

### § 16.1-07-15. Early voting precinct - Election board appointment - Closing and

canvassing.
1. For any primary, general, or special statewide, district, or county election, the board of
county commissioners may, before the sixty-fourth day before the day of the election,
create a special precinct, known as an early voting precinct, to facilitate the conduct of
early voting in that county according to this title. At the determination of the county
auditor, more than one polling place may be utilized for the purposes of operating the
early voting precinct. The election board of the early voting precinct must be known as
the early voting precinct election board. The county auditor shall supply the board with
all necessary election supplies as provided in chapter 16.1-06.
2. If the board of county commissioners establishes an early voting precinct according to
this section, the following provisions apply:
a. Early voting must be authorized during the fifteen days immediately before the
day of the election. The county auditor shall designate the business days and
times during which the early voting election precinct will be open and publish
notice of the early voting center locations, dates, and times in the official county
newspaper once each week for three consecutive weeks immediately before the
day of the election.
b. The county auditor shall appoint the early voting precinct election board for each
early voting polling place that consists of one independent representative to act
as the inspector and an equal number of representatives from each political party
represented on an election board in the county, as set out in section 16.1-05-01,
to act as judges. Each official of the board shall take the oath required by section
c. The county auditor, with the consent of the board of county commissioners, shall
designate each early voting polling place in a public facility, accessible to the
elderly and the physically disabled as provided in section 16.1-04-02. With
respect to polling places at early voting precincts, "election day" as used in
sections 16.1-10-03 and 16.1-10-06.2 includes any time an early voting precinct
polling place is open.
d. At the close of each day of early voting, the inspector, along with a judge from
each political party represented on the board, shall secure all election-related
materials, including:
(1) The pollbooks and access to any electronically maintained pollbooks.
(2) The ballot boxes containing voted ballots.
(3) Any void, spoiled, and unvoted ballots.
e. Ballot boxes containing ballots cast at an early voting polling place may not be
opened until the day of the election except as may be necessary to clear a ballot
jam or to move voted ballots to a separate locked ballot box in order to make
room for additional ballots.
f. Each early voting polling place may be closed, as provided in chapter 16.1-15, at
the end of the last day designated for early voting in the county. Results from the
early voting precinct may be counted, canvassed, or released under chapter
16.1-15 as soon as any precinct within the county, city, or legislative district
closes its polls on the day of the election. The county auditor shall designate a
location for the closing, counting, and canvassing process under chapter 16.1-15,
which location must be open to any person for the purpose of observing.
g. The early voting precinct election board shall comply with the requirements of
chapters 16.1-05, 16.1-06, 16.1-11, 16.1-11.1, 16.1-13, and 16.1-15, as
applicable.
### § 16.1-07-16. Secretary of state to provide information regarding absentee voting for

military and overseas voters.
The secretary of state is designated as the official responsible for providing information
regarding absentee voting by military and overseas citizens eligible to vote in the state
according to section 702 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116 Stat. 1666;

42 U.S.C. 1973ff-1]. The secretary of state shall develop and provide uniform procedures for
county auditors to follow when transmitting and receiving applications for absentee ballots to
and from military and overseas voters.
### § 16.1-07-17. Notification of rejected absentee ballots cast by military and overseas

voters.
The secretary of state shall establish a uniform procedure for county auditors to follow when
notifying a military or overseas voter that the voter's absentee ballot was rejected. The
procedure must provide that the notice include the reason why the voter's absentee ballot was
rejected as provided by section 707 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116
Stat. 1666; 42 U.S.C. 1973ff-1].
### § 16.1-07-18. Definitions.

In sections 16.1-07-18 through 16.1-07-33:
1. "Covered voter" means:
a. A uniformed-service voter whose voting residence is in this state;
b. An overseas voter who, before leaving the United States, was last eligible to vote
in this state and, except for a state residency requirement, otherwise satisfies this
state's voter eligibility requirements;
c. An overseas voter who, before leaving the United States, would have been last
eligible to vote in this state had the voter then been of voting age and, except for
a state residency requirement, otherwise satisfies this state's voter eligibility
requirements; or
d. Any other overseas voter who was born outside the United States and, except for
a state residency requirement, otherwise satisfies this state's voter eligibility
requirements, if:
(1) The last place where a parent or legal guardian of the voter was, or under
this Act would have been, eligible to vote before leaving the United States is
within this state; and
(2) The voter has not previously registered to vote or voted in any other state.
2. "Dependent" means an individual recognized as a dependent by the applicable
uniformed service.
3. "Military-overseas ballot" means:
a. A federal write-in absentee ballot described in the Uniformed and Overseas
Citizens Absentee Voting Act [103, 42 U.S.C. 1973ff-2];
b. A ballot specifically prepared or distributed for use by a covered voter in
accordance with sections 16.1-07-19 through 16.1-07-33; or
c. A ballot cast by a covered voter in accordance with sections 16.1-07-19 through
16.1-07-33.
4. "Overseas voter" means a United States citizen who is outside the United States.
5. "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
6. "Uniformed service" means:
a. Active and reserve components of the army, navy, air force, marine corps, and
coast guard of the United States;
b. The merchant marine, the commissioned corps of the public health service, and
the commissioned corps of the national oceanic and atmospheric administration
of the United States; and
c. The national guard and state militia units.
7. "Uniformed-service voter" means an individual who is qualified to vote and is:
a. A member of the active or reserve components of the army, navy, air force,
marine corps, or coast guard of the United States who is on active duty;
b. A member of the merchant marine, the commissioned corps of the public health
service, or the commissioned corps of the national oceanic and atmospheric
administration of the United States;

c. A member of the national guard or state militia unit who is on activated status; or
d. A spouse or dependent of a member referred to in this subsection.
### § 16.1-07-19. Elections covered.

The voting procedures in sections 16.1-07-18 through 16.1-07-33 apply to:
1. A general, special, or primary election for federal office.
2. A general, special, or primary election for statewide or state legislative office or state
ballot measure.
3. A general, special, or primary election for political subdivision office or political
subdivision ballot measure.
### § 16.1-07-20. Role of secretary of state.

1. The secretary of state is responsible for implementing sections 16.1-07-18 through
Absentee Voting Act [42 U.S.C. 1973ff et seq.].
2. The secretary of state shall make available to covered voters information regarding
procedures for casting military-overseas ballots.
3. The secretary of state shall establish an electronic transmission system through which
covered voters may apply for and receive documents and other information under
sections 16.1-07-18 through 16.1-07-33.
4. The secretary of state shall develop standardized absentee-voting materials, including
privacy and transmission envelopes and electronic equivalents, authentication
materials, and voting instructions, to be used with the military-overseas ballot of a
voter authorized to vote in any jurisdiction in this state and, to the extent reasonably
possible, shall do so in coordination with other states.
5. The secretary of state shall prescribe the form and content of a declaration for use by
a covered voter to swear or affirm specific representations pertaining to the voter's
identity, eligibility to vote, status as a covered voter, and timely and proper completion
of an overseas-military ballot. The declaration must be based on the declaration
prescribed to accompany a federal write-in absentee ballot under the Uniformed and
Overseas Citizens Absentee Voting Act [103, 42 U.S.C. 1973ff-2], as modified to be
consistent with sections 16.1-07-18 through 16.1-07-33. The secretary of state shall
ensure that a form for the execution of the declaration, including an indication of the
date of execution of the declaration, is a prominent part of all balloting materials for
which the declaration is required.
### § 16.1-07-21. Methods of applying for military-overseas ballot.

1. A covered voter may apply for a military-overseas ballot using either the absentee
ballot application under this chapter or the federal postcard application, as prescribed
under the Uniformed and Overseas Citizens Absentee Voting Act
[42 U.S.C. 1973ff (b) (2)] or the application's electronic equivalent if approved under
guidelines established by the secretary of state.
2. The secretary of state shall ensure that the electronic transmission system described
in section 16.1-07-20 is capable of accepting the submission of both a federal postcard
application and any other approved electronic military-overseas ballot application sent
to the appropriate election official. The voter may use the electronic transmission
system or any other method approved under guidelines established by the secretary of
state to apply for a military-overseas ballot.
3. A covered voter may use the declaration accompanying the federal write-in absentee
ballot, as prescribed under the Uniformed and Overseas Citizens Absentee Voting Act
[42 U.S.C. 1973ff-2] as an application for a military-overseas ballot simultaneously with
the submission of the federal write-in absentee ballot, if the declaration is received by
the appropriate election official by the close of polls on election day.

4. To receive the benefits of sections 16.1-07-18 through 16.1-07-33, a covered voter
must inform the appropriate election official that the voter is a covered voter. Methods
of informing the appropriate election official that a voter is a covered voter include:
a. The use of a federal postcard application or federal write-in absentee ballot;
b. The use of an overseas address on a ballot application; and
c. The inclusion on a ballot application of other information sufficient to identify the
voter as a covered voter.
### § 16.1-07-22. Timeliness and scope of application for military-overseas ballot.

An application for a military-overseas ballot is timely if received by the appropriate election
official before the close of business on the day before the election. An application for a
military-overseas ballot for a primary election, whether or not timely, is effective as an
application for a military-overseas ballot for the general election.
### § 16.1-07-23. Transmission of unvoted ballots.

1. For all covered elections for which this state has not received a waiver under the
Military and Overseas Voter Empowerment Act [42 U.S.C. 1973ff-1(g)(2)] not later than
forty-five days before the election or, if the forty-fifth day before the election is a
weekend or holiday, not later than the business day preceding the forty-fifth day, the
appropriate election official shall transmit ballots and balloting materials to all covered
voters who by that date submit a valid military-overseas ballot application.
2. A covered voter who requests a ballot and balloting materials be sent to the voter by
electronic transmission may choose facsimile transmission, electronic mail, or other
electronic delivery approved by the secretary of state. The election official charged
with distributing a ballot and balloting materials shall transmit the ballot and balloting
materials to the voter using the means of transmission chosen by the voter.
3. If a ballot application from a covered voter arrives after the election official begins
transmitting ballots and balloting materials to voters, the official shall transmit them to
the voter not later than two business days after the application arrives.
### § 16.1-07-24. Timely casting of ballot.

To be valid, a military-overseas ballot must be submitted for mailing or other authorized
means of delivery not later than the close of polls on election day at the place where the voter
completes the ballot. A military-overseas ballot must be received by the appropriate election
official before the canvassing board meeting.
### § 16.1-07-25. Federal write-in absentee ballot.

A covered voter may use the federal write-in absentee ballot, in accordance with the
Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff-2], to vote for all
offices and ballot measures in a covered election.
### § 16.1-07-26. Receipt of voted ballot.

1. A valid military-overseas ballot cast in accordance with section 16.1-07-24 must be
counted if it is delivered before the canvassing board meets to canvas the returns.
2. If, at the time of completing a military-overseas ballot and balloting materials, the voter
has affirmed under penalty of perjury under section 16.1-07-27 that the ballot was
timely submitted, the ballot may not be rejected on the basis that it was received by
the officer after the close of polls on election day.
### § 16.1-07-27. Declaration.

Each military-overseas ballot must include or be accompanied by a declaration signed by
the voter declaring that a material misstatement of fact in completing the document may be
grounds for a conviction of perjury under the laws of the United States or this state.

### § 16.1-07-28. Confirmation of receipt of application and voted ballot.

The secretary of state, in coordination with local election officials, shall implement an
electronic free-access system by which a covered voter may determine by telephone, electronic
mail, or internet access whether:
1. The voter's military-overseas ballot application has been received and accepted; and
2. The voter's military-overseas ballot has been received and the current status of the
ballot.
### § 16.1-07-29. Use of voter's electronic mail address.

1. A covered voter who provides an electronic mail address to a local election official may
request that the voter's application for a military-overseas ballot be considered a
standing request for electronic delivery of a ballot for all elections held through
December thirty-first of the year following the calendar year of the date of the
application or another shorter period the voter specifies. An election official shall
provide a military-overseas ballot to a voter who makes a request for each election to
which the request is applicable. A covered voter entitled to receive a military-overseas
ballot for a primary election under this subsection also is entitled to receive a
military-overseas ballot for the general election.
2. An electronic mail address provided by a covered voter is a confidential record. An
election official may use the address only to communicate with the voter about the
voting process, including transmitting military-overseas ballots and election materials if
the voter has requested electronic transmission, and verifying the voter's mailing
address and physical location, as needed.
### § 16.1-07-30. Publication of election notice.

Repealed by S.L. 2025, ch. 200, § 20.
### § 16.1-07-31. Prohibition of nonessential requirements.

1. If a voter's mistake or omission in the completion of a document under sections
is eligible to vote, the mistake or omission does not invalidate the document. Failure to
satisfy a nonessential requirement, such as using paper or envelopes of a specified
size or weight, does not invalidate a document submitted under this chapter. In any
write-in ballot authorized by law, if the intention of the voter is discernable, as provided
under the Help America Vote Act [42 U.S.C. 15481(a)(6)], an abbreviation, misspelling,
or other minor variation in the form of the name of a candidate or a political party must
be accepted as a valid vote.
2. Notarization is not required for the execution of a document under sections 16.1-07-18
through 16.1-07-33. An authentication, other than the declaration specified in section
absentee ballot, is not required for execution of a document under sections 16.1-07-18
through 16.1-07-33. The declaration and any information in the declaration may be
compared against information on file to ascertain the validity of the document.
### § 16.1-07-32. Issuance of injunction or other equitable relief.

A court may issue an injunction or grant other equitable relief appropriate to ensure
substantial compliance with, or enforce, sections 16.1-07-18 through 16.1-07-33 on application
by:
1. A covered voter alleging a grievance under sections 16.1-07-18 through 16.1-07-33; or
2. An election official in this state.
### § 16.1-07-33. Relation to Electronic Signatures in Global and National Commerce Act.

Sections 16.1-07-18 through 16.1-07-33 modify, limit, and supersede the Electronic
Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but do not modify,

limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorized electronic
delivery of any of the notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
### § 16.1-07-34. Emergency procedures to facilitate absentee voting.

If an international, national, state, or local disaster or emergency or other situation arises
which makes substantial compliance with the Uniformed and Overseas Citizens Absentee
Voting Act [42 U.S.C. 1973ff et seq.] impossible or impracticable, as confirmed by the existence
of armed conflict involving the armed forces of the United States or the mobilization of those
forces, including national guard and reserve component members of this state, by the
occurrence of a natural disaster or the existence of a state of emergency, civil unrest, war, or
other exigency in a foreign country, or by an official declaration by the governor that a state of
disaster or emergency exists, the secretary of state may prescribe special procedures or
requirements as may be necessary to facilitate absentee voting by those absent uniformed
services voters or overseas voters directly affected and who are eligible to vote in this state.
