# Title 16.1 — Elections

## Chapter 16.1-13 — General Elections

### § 16.1-13-01. Date of general election.

The general election must be held in all the election districts of this state on the first
Tuesday after the first Monday in November of each even-numbered year.
### § 16.1-13-02. Officers to be elected at general election.

All elective state, district, and county officers, and the United States senators, and the
members of the United States house of representatives, must be elected at the general election
next preceding the expiration of the term of each such officer. In a year when a president and
vice president of the United States are to be chosen, a number of presidential electors equal to
the number of senators and representatives to which this state is entitled in the Congress of the
United States must be elected at such general election.
### § 16.1-13-03. Secretary of state to give notice to county auditor of officers to be elected.

Repealed by S.L. 2015, ch. 158, § 5.
### § 16.1-13-04. Candidates' names placed on official general election ballot.

The names of all candidates of each political party or principle or no-party designation, who
are shown to have been nominated for the several offices in accordance with the certificates of
nomination filed in the secretary of state's office, must be placed by the secretary of state on the
official ballot to be voted for at the next general election.
### § 16.1-13-05. Notice of election - Contents - Publication with sample ballot.

1. Notice of all general elections must be published by the county auditor in the official
county newspaper at the same time as, and as a part of, the publication of the sample
ballot preceding the election. The notice must be substantially as follows:
Notice is given that on Tuesday, November ______, ___, at the polling places in the various
precincts in the county of _______________, an election will be held for the election of
state, district, and county officers, which election will be opened at ________ a.m. and will
continue open until ________ p.m. of that day with the following exceptions:
______________________________________________________________
______________________________________________________________
Dated ______________, _______
Signed _____________________________________
County Auditor
2. The county auditor shall publish a copy of the sample ballot of the general election
once each week for two consecutive weeks before the election in the official county
newspaper. If no newspaper is published in the county, the publication must be in a
newspaper published in an adjoining county in the state. The form of the sample ballot
as ordered and arranged by the county auditor must conform in all respects to the form
prescribed by the secretary of state for the sample general election ballot. The county
auditor shall publish the sample ballot in all forms appropriate for the method or
methods of voting in the county. Candidates from each legislative district within the
boundaries of the county must be listed in a separate box or category within the
sample ballot by legislative district number to enable the voters in each legislative
district to ascertain the legislative candidates in their specific district. Sample ballots
used for publication purposes must be arranged in accordance with section
### § 16.1-11-27. The notice must include a statement in substantially the following format:

The arrangement of candidate names appearing on ballots in your precinct may vary
from the published sample ballots, depending upon the precinct and legislative district
in which you reside.

### § 16.1-13-06. Defeated primary candidate ineligible to have name printed on general

ballot - Exception.
Except to fill a vacancy occurring on the ballot, an individual who was a candidate for
nomination by any party or a candidate for a no-party office at any primary election in any year
and who was defeated for the nomination may not have that individual's name printed upon the
official ballot at the ensuing general election for the same office.
### § 16.1-13-07. Preparation, printing, distributing, canvassing, and returning of no-party

ballot.
The no-party ballot must be prepared, printed, distributed, canvassed, and returned in the
same manner provided for other general election ballots.
### § 16.1-13-08. Filling vacancy in office of United States senator.

When a vacancy occurs in the office of United States senator from this state, the governor
shall call a special election to be held within ninety-five days to fill the vacancy. If the vacancy
occurs within ninety-five days of the expiration of the term of office for that office, no election
may be held to fill the vacancy.
### § 16.1-13-08.1. Special election to fill a vacancy in the United States House of

Representatives due to a catastrophic circumstance.
If a vacancy occurs in the office of representative in Congress due to a catastrophic
circumstance in which one hundred or more representatives across the United States are no
longer able to serve and the next regular or special election is more than seventy-five days in
the future, the governor shall immediately issue a writ of election calling a special election to fill
the vacancy. The date of the election shall be forty-nine days from the date of the proclamation
and the following deadlines shall apply:
1. Certificate of endorsement as described in section 16.1-11-09, affidavits of candidacy
described in section 16.1-11-10, and statements of interest described in section
the state shall be filed with the secretary of state by four p.m. on the fortieth day before
the election.
2. If the election occurs in an election year, the precincts previously established by the
county shall be utilized.
3. If the election occurs in a year without a scheduled election, the board of county
commissioners must establish the precinct boundaries by the fortieth day before the
election.
4. The secretary of state shall certify to the county auditors the names of the candidates
for the election on the thirty-ninth day before the election.
5. Absentee ballots shall be made available to qualified electors by the thirtieth day
before the election.
### § 16.1-13-08.2. Death or disqualification of legislative candidate.

If a candidate for an office of a member of the legislative assembly who has died or become
disqualified for the office receives enough votes to be elected except for the death or
disqualification, a vacancy in the office is deemed to exist, and must be filled according to
section 44-02-03.1. If an individual elected to the legislative assembly dies or becomes
disqualified after the election but before the individual's term of office begins, a vacancy in the
office exists and must be filled according to section 44-02-03.1 as if the individual's term of
office had begun. An individual is disqualified for an office if the individual fails to meet the
qualifications under law for the office.

### § 16.1-13-09. Resignation of members of legislative assembly after certificate of

election.
Any individual who receives a certificate of election as a member of the legislative assembly
may resign the office even if the individual has not entered upon the execution of the duties of
the office or taken the requisite oath of office.
### § 16.1-13-10. Vacancy existing in office of member of legislative assembly.

Repealed by S.L. 2021, ch. 327, § 5.
### § 16.1-13-11. Vacancy occurring in legislative assembly during session - Duty of

governor.
Repealed by S.L. 2001, ch. 209, § 3.
### § 16.1-13-12. Notice of special election.

A notice of a special election and the copy of the sample ballot must be issued and
published in substantially the form and manner prescribed by section 16.1-13-05.
### § 16.1-13-13. Canvassing and returning votes cast at elections to fill vacancies.

Votes cast at special elections must be canvassed and returned as provided for primary and
general elections, and the county auditor within eight days shall forward to the secretary of state
the abstracts of the same.
### § 16.1-13-14. Special election to fill vacancies - Party committee to call convention to

nominate - Individual nominations.
If a special election is called to fill a vacancy in any office for which a party nomination may
be made, the proper party committee shall call a convention to make a party nomination for the
office, and the district must be duly convened and shall elect the required number of delegates
to the convention. Individual nominations for special elections must be made in accordance with
the provisions of chapter 16.1-12.
### § 16.1-13-15. Notice of holding convention for special election - Manner of giving.

Public notice of such a nominating convention must be given at least six days before the
holding of the convention by publication in the official newspaper in the county or counties in
which the election will be held. Such nomination must be made by delivering to and leaving with
the officer charged with directing the printing of the ballots upon which the name is to be placed,
within the time prescribed in this title, a certificate of nomination for each candidate.
### § 16.1-13-16. Basis of representation at convention - How determined.

The basis of representation of delegates to a convention, unless otherwise provided by law,
must be fixed and determined by the authorized district or state committee of each political party
entitled by law to make nominations for office by delegate convention.
### § 16.1-13-17. Certificate of nomination by convention - Contents - Delivery.

All nominations made by a convention as provided in this chapter must be certified. The
certificate must be delivered by the secretary or president of the convention by registered or
certified mail or in person, without charge, to the secretary of state. The certificates of
nomination must be in writing and must contain all of the following:
1. The name of each individual nominated, individual's post-office address, telephone
number, the office for which the individual is nominated, the legislative district number
if applicable, and whether the certificate is intended for an unexpired or full term of
office.
2. A designation in not more than five words of the party or principle which the convention
represents.
3. The signature, post-office address, and verification of the presiding officer and
secretary of the convention.

### § 16.1-13-18. Two or more organizations filing certificates representing same party -

Secretary of state to determine authorized organization - Review of determination.
If two or more organizations claiming or purporting to represent the same political party file
certificates of nomination under the same party designation, or if the certificates indicate the
nominations were made by any individual or organization representing the same political party,
the secretary of state, within the time prescribed by law for certifying state nominations to the
county auditor, shall determine from the best available sources of information which
organization filing the certificates is the legally authorized representative of the party. The
decision of the secretary of state in determining which organization is the legally authorized
representative of the party is subject to review by the district court in a proper action instituted
for such purpose.
### § 16.1-13-19. Election not to be held in room where alcoholic beverages sold.

An election may not be held in a room in which alcoholic beverages are being sold while the
polls are open or while election board members are completing assigned work.
### § 16.1-13-20. Examination of ballot box before opening of polls - Regulations for ballot

box while polls are open.
Before declaring the polls open, the inspector and the election judges shall inspect the
ballot box to assure that it is empty. The ballot box must then be locked. While the polls are
open, the ballot box must remain locked except as may be necessary to clear a ballot jam or to
move voted ballots to a separate locked ballot box to make room for additional ballots.
### § 16.1-13-21. Producing, opening, and delivering ballots on election day.

Upon arrival at the poll of all election board members, or at the latest, upon the opening of
the poll, the inspector of election shall produce the sealed package of official ballots and publicly
open them.
### § 16.1-13-22. Delivering ballot to elector - Initialing.

The inspector or one of the election judges shall deliver ballots to the qualified electors. The
inspector or judge delivering the paper ballot shall inform each elector that if the ballot is not
initialed by an election official it will be invalidated and to protect the elector's right to vote the
elector should verify that the ballot has been initialed. Before delivering any paper ballot to an
elector, the inspector or judge shall initial the ballot. Failure to initial a paper ballot in the proper
place does not invalidate the ballot, but a complete failure to initial a paper ballot does invalidate
the ballot.
### § 16.1-13-23. Preparation of ballot by elector - Depositing - Second-chance voting.

Upon receipt of a ballot within the provided secrecy sleeve, the elector, without leaving the
polling place, shall retire alone to one of the voting booths or compartments to prepare the
elector's ballot by darkening the oval opposite the name of each individual for whom the elector
wishes to vote. In the case of a ballot containing a constitutional amendment, an initiated or
referred measure, or any other question to be submitted to a vote of the people, the elector shall
darken the oval opposite the word or words expressing the elector's wish. After preparing the
ballot, the elector shall place the ballot back in the provided secrecy sleeve so the ballot is
concealed and so the initials of the inspector or election judge may be seen. The elector then
shall deposit the ballot in the optical scanning device and wait to determine if the ballot is
deposited into the ballot box or if the optical scanning device has indicated a possibility for a
second-chance voting condition. If a second-chance voting condition is indicated, a voter may
spoil and receive up to two additional ballots. The voter's third ballot must be cast as is and may
not be returned to the voter even if errors exist causing certain votes not to be counted.
### § 16.1-13-24. Voting on electronic voting system devices.

Repealed by S.L. 2021, ch. 164, § 114.

### § 16.1-13-25. Elector may write name on ballot - Counting.

The provisions of this title do not prevent any elector from writing on the paper ballot or
entering by touchscreen or other data entry device, the name of any individual for whom the
elector desires to vote, and the vote must be counted according to the provisions for the
counting of write-in votes found in section 16.1-15-01.1.
### § 16.1-13-26. Name written or pasted on ballot evidence of vote without marking X.

Repealed by S.L. 2005, ch. 184, § 18.
### § 16.1-13-27. Assistance to elector - Polling place accessibility.

Any elector may receive the assistance of any individual of the elector's choice, other than
the elector's employer, officer or agent of the elector's union, a candidate running in that
election, or a relative of a candidate as provided in subsection 2 of section 16.1-05-02, in
marking the elector's ballot. If the elector requests the assistance of a member of the election
board, the elector shall receive the assistance of both election judges in the marking of the
elector's ballot. An individual assisting any elector in marking a ballot under this chapter may not
give information regarding the ballot. An elector, other than one who requests assistance, may
not divulge to anyone within the polling place the name of any candidate for whom the elector
intends to vote, nor ask, nor receive the assistance of any individual within the polling place to
mark the elector's ballot. Parking facilities at polling places must be accessible to individuals
living with physical disabilities and the elderly, and must be clearly marked.
### § 16.1-13-28. Penalty for requesting voter to vote in certain manner.

Any individual chosen to assist a voter who requests the assisted voter to vote for or against
any person or any issue is guilty of a class B misdemeanor.
### § 16.1-13-29. Election booths or compartments - Number required - Expense.

The inspector of elections shall provide a sufficient number of voting booths or
compartments in the inspector's polling place, which must be designed to enable the elector to
mark, or in the case of ballot marking devices, enter by touchscreen or other data entry device,
the elector's ballot screened from observation. The number of booths or compartments in
precincts may not be less than one for each one hundred fifty electors or fraction of
one hundred fifty electors in the precincts served by the polling place. The expense of providing
the booths or compartments must be paid in the same manner as other election expenses. At
least one certified tabulation device and ballot marking device must be provided in each polling
place.
### § 16.1-13-30. One individual to occupy booth - Time limit in booth.

No more than one individual may be permitted to occupy any one voting booth or
compartment at one time except when providing lawful assistance. An individual may not remain
in or occupy a booth or compartment longer than necessary to prepare the individual's ballot.
### § 16.1-13-31. Removal of ballot from polling place before closing of polls - Prohibited.

An individual may not take or remove any ballot from the polling place before the close of
the polls.
### § 16.1-13-32. Securing new ballot upon spoiling of others.

If any elector spoils a ballot before casting the ballot in the ballot box, the elector may obtain
others successively, one at a time, not exceeding three in all, upon returning each spoiled ballot.
Each paper ballot returned must be canceled immediately and, together with those not
distributed to the electors, must be preserved and secured in sealed packages and returned to
the county recorder.

### § 16.1-13-33. Electronic voting systems - Election laws apply.

All provisions of law relating to the conduct of elections apply as closely as possible to
elections at which electronic voting systems are used.
### § 16.1-13-34. Voters casting ballots after regular poll closings - Provisional ballots.

An individual who votes after the regular poll closing time in an election in which a federal
office appears as a result of a federal or state court order or any other order extending the time
established for closing the polls under state law in effect ten days before the date of that
election may only vote in that election by casting a provisional ballot. The ballot must be marked
as a provisional ballot and must be separated and held apart from other ballots cast by those
not affected by the order. The secretary of state shall approve the form of any provisional ballot
and may prescribe any procedures the secretary of state determines to be necessary to
facilitate the casting, secrecy, and counting of provisional ballots.
### § 16.1-13-35. Eligibility of new residents to vote for presidential electors.

A citizen of the United States who, immediately before the citizen's relocation to this state,
was a citizen of another state and who has been a resident of the precinct for less than thirty
days before a presidential election, is entitled to vote for presidential electors at the election, but
for no other offices, if:
1. The citizen otherwise possesses the substantive qualifications to vote in this state,
except the required residence; and
2. The citizen complies with the provisions of sections 16.1-13-37, 16.1-13-41, and
16.1-13-44.
### § 16.1-13-36. Eligibility of former residents to vote for presidential electors.

A citizen of the United States who was a qualified elector in this state immediately before
establishing residence in another state and who has not qualified for voting purposes due to the
residency requirement of that state may vote in this state for president and vice president only,
by applying for a separate ballot under section 16.1-13-37 at least one day before the election.
The requirements and procedure for former residents to vote are governed by sections
16.1-13-37, 16.1-13-40, 16.1-13-41, 16.1-13-42, 16.1-13-43, and 16.1-13-44, and the
statements relative to new residents contained in those sections must be changed by the county
auditor and inspector of elections to comply with this section for this purpose.
### § 16.1-13-37. Application for presidential elector ballot by new residents.

An individual desiring to qualify to vote for presidential electors is not required to register,
but, at least ten days before the election, the individual shall apply in the form of an affidavit
executed in duplicate in the presence of the county auditor substantially as follows:
State of North Dakota )
) ss.
County of ________ )
I, __________, do solemnly swear that:
1. I am a citizen of the United States.
2. Before becoming a resident of this state, I resided at __________ street, in the (town)
(township) (city) of __________, county of __________ in the state of __________.
3. On the day of the next presidential election, I shall be at least eighteen years of age. I
have been a resident of this state since __________, ___, now residing at
__________ street, in the (town) (township) (city) of __________, county of
__________ in the state of North Dakota.
4. I have resided in __________ precinct for less than thirty days. I believe I am entitled
under the laws of this state to vote at the presidential election to be held on November
__________, ___.
5. I apply for a presidential election ballot. I have not voted and will not vote otherwise
than by this ballot at that election.
Signed _______________________________

(Applicant)
_______________________________
(Applicant's telephone number)
Subscribed and sworn to before me this __________ day of __________, ___.
Signed _______________________________
(Title and name of officer
authorized to administer oaths)
### § 16.1-13-38. Mailing duplicate application for presidential elector ballot.

The county auditor immediately shall mail a duplicate of the application for a presidential
elector ballot to the appropriate official of the state in which the applicant last resided.
### § 16.1-13-39. Filing and indexing applications for presidential elector ballots from other

states.
The county auditor shall file each duplicate application for a presidential elector ballot or
other official information received by the county auditor from another state indicating a former
resident of this state has applied to vote at a presidential election in another state and shall
maintain an alphabetical index of the information for four months after the election.
### § 16.1-13-40. Delivery of presidential elector ballot to applicant.

If the county auditor is satisfied the application is proper and the applicant is qualified to
vote at the presidential election, the county auditor shall deliver a ballot for presidential electors
to the applicant no sooner than thirty days nor later than one day before the next presidential
election.
### § 16.1-13-41. Voting by new residents for presidential electors.

1. The applicant, upon receiving the ballot for presidential electors, immediately shall
mark the ballot in the presence of the county auditor but in a manner the official cannot
know how the ballot is marked. The applicant subsequently shall fold the ballot in the
county auditor's presence to conceal the markings and deposit and seal the ballot in
an envelope furnished by the county auditor.
2. The voter shall enclose the envelope containing the ballot in a carrier envelope which
must be sealed securely. There must be imprinted on the outside of the carrier
envelope a statement substantially as follows:
I have qualified as a new resident voter in this state to vote for presidential electors. I
have not applied nor do I intend to apply for an absent voter's ballot from the state
from which I have relocated. I have not voted and I will not vote otherwise than by this
ballot.
Dated _________________________
Witness _______________________
County Auditor
______________________________________
(Signature of Voter)
3. The voter shall sign the certification upon the carrier envelope and subsequently shall
deliver the sealed carrier envelope to the county auditor who shall keep the carrier
envelope in the county auditor's office until delivered by the county auditor to the
inspector of elections of the county absentee ballot precinct.
### § 16.1-13-42. List of applicants requesting presidential elector ballots open for public

inspection.
The county auditor shall keep open for public inspection a list of all individuals who have
applied to vote for presidential electors as new residents with their names, addresses, and
application dates for two years.

### § 16.1-13-43. Delivery and processing of presidential elector ballots of new residents.

1. The county auditor shall deliver the presidential elector ballots for new residents to the
inspector of elections in the manner prescribed by law for absentee ballots. The ballots
must be processed in accordance with the law for absentee ballots.
2. The inspector of elections shall record the new resident voter's name with a notation
designating the individual as a new resident voting for presidential electors only.
### § 16.1-13-44. Application of other statutes to presidential elector ballots.

Except as provided in sections 16.1-13-35 through 16.1-13-44, the provisions of law relating
to absent voters' ballots apply also to the casting and counting of presidential elector ballots of
new residents, the furnishing of election supplies, ballots, canvassing of ballots, and making
proper returns of the results of the election.
