# Title 16.1 — Elections

## Chapter 16.1-12 — Certificates of Nomination - Vacancies

### § 16.1-12-01. Certificate of nomination - Party and independent.

A certificate of nomination must be:
1. The certificate of nomination required to be executed by the state or a county
canvassing board pursuant to sections 16.1-15-40 and 16.1-15-21, respectively, for
party nominations;
2. The certificate of nomination by petition for independent nominations provided for by
this chapter; or
3. The certificate of nomination executed by a state or district executive committee for
party nominations provided for by this chapter.
### § 16.1-12-02. Certificates of nomination by petition - Form and contents.

Certificates of nomination for nominees for an office to be filled at a general or special
election, except for an office appearing on the no-party ballot, may be made as provided by this
section. Except for nominees for president of the United States, names of nominees so
nominated must appear on the ballot as independent nominations. The names of nominees for
president of the United States may appear on the ballot with a designation, not to exceed five
words, that names the organization or political party to which the presidential candidate
affiliates. The designation may not falsely indicate an affiliation with or the support of any
political party organized in accordance with this title or include any substantive word or phrase
that is profane or that is already included in or resembles the name of a political party entitled to
a separate column under section 16.1-11-30. Except for candidates for the office of president of
the United States, each certificate of nomination by petition must meet the specifications for
nominating petitions set forth in section 16.1-11-16. A political party or organization desiring to
submit to the secretary of state the name of a qualified candidate for the office of the president
of the United States may begin gathering the signatures for the certificate of nomination on the
first day of January of a presidential election year and shall submit the petition to the secretary
of state before four p.m. on the sixty-fourth day before the general election. The signatures on
the petition must be in the following number:
1. Except as provided in subsection 3, if the nomination is for an office to be filled by the
qualified electors of the entire state, there must be no fewer than one thousand
signatures.
2. If the nomination is for an office to be filled by the qualified electors of a district less
than the entire state, the number of signatures must be at least two percent of the
resident population of the district as determined by the most recent federal decennial
census, but in no case may more than three hundred signatures be required.
3. If the nomination is for the office of president, there must be no fewer than four
thousand signatures and the petition must contain the names of the presidential and
vice presidential candidates along with the names of the elector nominees and
alternate elector nominees for the office of the North Dakota presidential electors. The
elector nominees and alternate elector nominees must be qualified electors of North
Dakota.
4. If the petition is for the office of governor or lieutenant governor, it must contain the
names and other required information of candidates for both those offices.
### § 16.1-12-02.1. Applicant's name placed upon ballot - Affidavit to accompany petition.

Upon receipt by the secretary of state of the certificate of nomination provided for in section
applicant's name upon the general election ballot. The affidavit may be filed electronically,
through the mail, or by personal delivery, and must be in the possession of the appropriate filing
officer before four p.m. on the sixty-fourth day before the general or special election. If the
affidavit is filed electronically, the candidate shall retain the original copy. The affidavit must be
substantially as follows:

State of North Dakota )
) ss.
County of ________ )
I, ______________, being sworn, say that I reside at ______________, in the city of
__________________, in the county of_________________, state of North Dakota; and zip
code of____________; that I am a candidate for nomination to the office of
_________________ to be chosen at the general election to be held on _____________,
____, and I request that my name be printed upon the general election ballot as provided
by law, as a candidate of __________ party for said office. I am requesting that my name
be listed on the ballot as I have identified my ballot name below. I understand that
nicknames are allowed as part of my ballot name, but titles and campaign slogans are not
permissible. I have reviewed the requirements to hold office and I certify that I am qualified
to serve if elected.
_______________________________________
Ballot name requested
Date ______________ _______________________________________
Candidate's signature
Subscribed and sworn to before me on ______________, ______.
_______________________________________
Notary Public
NOTARY SEAL My Commission Expires ____________________
### § 16.1-12-02.2. Certificate of candidacy by write-in candidates.

1. An individual who intends to be a write-in candidate for president of the United States
or for statewide or judicial district office at any election shall file a certificate of write-in
candidacy with the secretary of state by four p.m. on the twenty-first day before the
election. The certificate must contain the name and address of the candidate and be
signed by the candidate. Before the thirteenth day before the election, the secretary of
state shall certify the names of the candidates to each county auditor as write-in
candidates.
2. An individual who intends to be a write-in candidate at the general election for
president of the United States shall file a certificate of write-in candidacy with the
secretary of state by four p.m. on the twenty-first day before the general election. The
certificate must contain the names and addresses of the candidates for presidential
electors for that presidential candidate and a certification of acceptance signed by
each candidate for elector. The candidate shall sign the certificate. The certificate may
also include the name and address of a candidate for vice president of the United
States and a certification of acceptance signed by that candidate. The secretary of
state shall prescribe the form of the certificate of write-in candidacy and the
certification of acceptance. Before the thirteenth day before the election, the secretary
of state shall certify the names of the presidential candidates and the presidential
electors to each county auditor as write-in candidates.
3. An individual who intends to be a write-in candidate for any legislative district office
shall file a certificate of write-in candidacy with the secretary of state. The certificate
must contain the name, address, and signature of the candidate. Certificates must be
filed by four p.m. on the twenty-first day before the election.
4. A certificate under this section is not required when:
a. No names will appear on the ballot for an office;
b. The number of candidates appearing on the ballot for an office is less than the
number to be elected; or
c. The number of candidates appearing on the ballot for a party office is less than
the number of nominations a party is entitled to make.
5. An individual required to file a certificate of write-in candidacy may not seek more than
one office appearing on the primary and general election ballots.

### § 16.1-12-02.3. Nominating petition for an independent candidate not to be circulated

more than one hundred fifty days before filing time - Special election.
A petition provided for in this chapter may not be circulated or signed more than one
hundred fifty days before the date when any petition must be filed under this chapter. Any
signatures to a petition obtained more than one hundred fifty days before that date may not be
counted. A nominating petition for a special election may not be circulated or signed more than
thirty days before the date when the petition must be filed.
### § 16.1-12-03. Certificate of nomination to contain only one name - Individual to

participate in only one nomination - Exception.
No certificate of nomination provided for by this chapter, except in the case of presidential
electors, may contain the name of more than one nominee for each office to be filled. An
individual elected or appointed to an office appearing on the no-party ballot or seeking
nomination and election to a no-party office may also seek nomination to legislative office and
may serve in the legislative assembly, unless the no-party office is the office of district court
judge, or a statewide elective office. Except as may be permitted in this section, no individual
may participate directly or indirectly in the nomination of more than one individual for each office
to be filled on the general election ballot, except an individual may sign a certificate of
nomination by petition for more than one individual for each office, and no individual may accept
a nomination to more than one office on the general election ballot. No political party is entitled
to more than one set of nominees on the official general election ballot.
### § 16.1-12-04. Certificates of nomination - Time and place of filing.

1. Certificates of nomination for nominees for offices to be filled by the qualified electors
of the entire state must be filed with the secretary of state. Not less than fifty-five days
before any general or special election to fill any statewide office, the secretary of state
shall electronically transmit a certified list to each county auditor the names of the
individuals nominated for statewide office according to this chapter as shown on the
certificates of nomination filed in the secretary of state's office.
2. Certificates of nomination for nominees for county offices must be filed with the county
auditor of the county in which the candidate resides.
3. Certificates of nomination must, without regard to the means of delivery, be filed and in
the actual possession of the appropriate officer not later than four p.m. on the
sixty-fourth day prior to the day of election.
4. The secretary of state and the county auditors shall keep on file for six months all
certificates of nomination filed with them under this chapter and all certificates of
nomination must be open to public inspection during regular business hours.
### § 16.1-12-05. Secretary of state to certify nominations to county auditor - Duty of

county auditor.
Repealed by S.L. 1997, ch. 200, § 4.
### § 16.1-12-06. Individual nominated by more than one party.

When one individual has been nominated for the same office by more than one body of
electors qualified to make nominations for public office, the nominee shall file with the secretary
of state on or before the last day fixed by law for filing certificates of nomination for the office, a
signed statement designating the political party the nominee desires to represent. The political
party so designated must be the political party of one of the bodies of electors by whom the
individual was nominated. In the absence of a timely written designation as provided by this
section, the secretary of state shall place the individual's name with the name of the political
party of the body of electors from which the individual's nomination was received first.
### § 16.1-12-07. If nominee declines - Certificate void.

Any individual intending to decline a nomination shall do so by filing written notice of that
intention with the officer with whom the certificate nominating the individual is filed. If the written

notice is filed with the appropriate officer within forty-eight hours after four p.m. on the sixty-
fourth day before the election, the nomination is void. If written notice is mailed, it must be in the
physical possession of the appropriate officer within forty-eight hours after four p.m. on the sixty-
fourth day before the election.
### § 16.1-12-08. Vacancy occurring on ballot before election day but after ballots are

printed - Stickers used.
Repealed by S.L. 2001, ch. 203, § 9.
### § 16.1-12-09. Filling vacancy existing on no-party ballot - Petition required - Time of

filing.
1. Whenever a vacancy exists on a no-party ballot for a state office or for judge of a
district court, the vacancy may be filled by filing with the secretary of state, before
four p.m. on the sixty-fourth day, a written petition as provided in section 16.1-11-06,
stating that the petitioner desires to become a candidate for election to the office for
which a vacancy exists. The petition for the nomination of any individual to fill the
vacancy must be signed by qualified electors equal in number to at least two percent
of the total vote cast for the office of governor in the state or district, at the most recent
general election at which the office of governor was voted upon, but in no case may
more than three hundred signatures be required.
2. Whenever a vacancy exists on a no-party ballot in a county or district within a county,
the vacancy may be filled by filing with the county auditor before four p.m. of the sixty-
fourth day a written petition as provided in section 16.1-11-11, stating the petitioner
desires to become a candidate for election to the office for which a vacancy exists. The
petition for the nomination of any individual to fill the vacancy must be signed by
qualified electors equal in number to at least thirty percent of the total vote cast for the
office of governor at the most recent general election in the county or district at which
the office of governor was voted upon, but in no case may more than three hundred
signatures be required.
3. A vacancy in the no-party ballot must be deemed to exist when:
a. A candidate nominated at the primary election dies, resigns, or otherwise
becomes disqualified to have the candidate's name printed on the ballot at the
general election.
b. No candidates were nominated at the primary election because the office did not
yet exist.
c. The timing of the vacancy in an office makes it impossible to have the office
placed on the ballot.
4. The petition or certificate of endorsement may be filed electronically, through the mail,
or by personal delivery, and must be complete and in the possession of the filing
officer before four p.m. on the sixty-fourth day before the general or special election.
### § 16.1-12-10. Party committee to fill vacancy occurring after nomination for party office.

1. If a vacancy occurs in a slate of statewide candidates after the candidates have been
nominated at the primary election, the state executive committee of the party that
submitted the slate of statewide candidates may fill the vacancy by filing a certificate of
nomination with the secretary of state. The chairman and secretary of the committee
shall make and file with the secretary of state a certificate setting forth the cause of the
vacancy, the name of the individual for whom the new nominee is to be substituted, the
fact the committee was authorized to fill vacancies, and any other information required
to be provided in an original certificate of nomination. When the certificate of
nomination to fill a vacancy is filed, the secretary of state shall certify the new
nomination and the name of the individual who has been nominated to fill the vacancy
in place of the original nominee to the various county auditors. If the secretary of state
already has forwarded the certificate, the secretary of state shall certify to the county
auditors the name and address of the new nominee, the office the new nominee is

nominated for, the party or political principle the new nominee represents, and the
name of the individual for whom the new nominee is substituting, as soon as possible.
Failure to publish the name of a new nominee does not invalidate the election.
2. If a vacancy occurs in a slate of legislative candidates after the candidates have been
nominated at the primary election, the executive committee of the district in which the
vacancy occurs and of the party that submitted the slate of legislative candidates may
fill the vacancy by filing a certificate of nomination with the secretary of state. The
chairman and secretary of the committee shall make and file with the secretary of state
a certificate setting forth the cause of the vacancy, the name of the individual for whom
the new nominee is to be substituted, the fact the committee was authorized to fill
vacancies, and any other information required to be provided in an original certificate
of nomination. When the certificate of nomination to fill a vacancy is filed, the secretary
of state shall certify the new nomination to the various county auditors affected by the
change by forwarding to the auditors the name of the individual who has been
nominated to fill the vacancy in place of the original nominee, as soon as possible. The
certification must include the name and address of the new nominee, the office the
new nominee is nominated for, the party or political principle the new nominee
represents, and the name of the individual for whom the new nominee is substituting.
Failure to publish the name of a new nominee does not invalidate the election.
3. A vacancy in a nomination following a primary election may not be filled according to
subsection 1 or 2 unless the nominated candidate:
a. Dies;
b. Would be unable to serve, if elected, as a result of a debilitating illness;
c. Ceases to be a resident of the state;
d. Is nominated to be a member of the legislative assembly and, at the time of the
election, will not be a resident of the legislative district to be represented; or
e. Ceases to be qualified to serve, if elected, as otherwise provided by law.
4. Vacancies to be filled according to this section may be filled not later than the
sixty-fourth day before the election.
