# Title 16.1 — Elections

## Chapter 16.1-04 — Precincts and Voting Places

### § 16.1-04-01. Precincts - Duties and responsibilities of the board of county

commissioners or the governing body of the city.
1. The board of county commissioners of each county:
a. Shall divide the county into precincts and establish the precinct boundaries,
except that within the boundaries of any incorporated city, the governing body of
the city shall divide the city into precincts and establish their boundaries pursuant
to title 40. Any number of townships or parts of townships may be joined into a
single precinct provided that no precinct may encompass more than one
legislative district.
b. May alter the number and size of precincts within the county by combining or
dividing precincts. However, the governing body of any incorporated city has the
authority to alter the number and size of precincts located within its boundaries.
The board of county commissioners may relinquish the jurisdiction provided
under subdivision a over all or any portion of a township or townships under its
jurisdiction to a city for the purpose of establishing a voting precinct if a majority
of the governing body of the city agrees to assume such jurisdiction. The
governing body of a city, by majority vote, may return jurisdiction granted herein
to the county and the county shall accept that jurisdiction.
2. When establishing precincts under subsection 1, a board of county commissioners, in
cooperation with the county auditor, or a city governing body shall consult with and
seek input regarding the size, number, and proposed boundaries of the precincts from
representatives of the political parties organized within the county. Upon the request of
the district chairman of a political party, a board of county commissioners, in
consultation with the county auditor, or the governing body of a city shall consider
proposals to change precinct boundaries.
3. The precincts may not be established later than December thirty-first of the year
immediately preceding an election cycle and not later than seventy days before a
special election.
### § 16.1-04-02. Polling places - Duties and responsibilities of the board of county

commissioners or the governing body of the city.
The board of county commissioners of each county:
1. Shall designate one or more polling places for each precinct. However, the polling
places for precincts located within the boundaries of any incorporated city must be
designated, and altered if required, by the governing body of the city. Polling places
may not be designated later than the sixty-fourth day before an election.
2. Shall provide that all polling places are accessible to the elderly and the physically
disabled.
3. May utilize vote centers that contain all of the precincts in a county so that any
qualified elector of the county may choose to cast a ballot in that polling place.
Qualified electors may vote early at early voting precincts, by absentee ballot, at a
polling place of their residential precinct, or at a county vote center. Vote center polling
places must serve as a designated polling place for at least one precinct in the county
in addition to serving as the site where any county voter may cast a ballot.
4. May change the location of a polling place previously established by the sixty-fourth
day immediately preceding an election when there is good and sufficient reason. When
a polling place is changed under this provision, the name and location of the new
polling place must be prominently posted on or near the main entrance of the prior
polling place on the date of the first election held following the change.
### § 16.1-04-03. Time limitations.

Repealed by S.L. 2017, ch. 154, § 17.
