# Title 54 — State Government

## Chapter 54-09 — Secretary of State

### § 54-09-01. Records in custody of secretary of state.

The secretary of state is charged with the custody of:
1. The enrolled copy of the Constitution of North Dakota.
2. All the acts and resolutions passed by the legislative assembly.
3. The journals of the legislative assembly.
4. The great seal.
5. All books, records, deeds, parchments, maps, and papers kept or deposited in the
secretary of state's office pursuant to law.
### § 54-09-02. Duties of secretary of state.

In addition to the duties prescribed by the constitution, the secretary of state shall:
1. Receive bills and resolutions from every session of the legislative assembly, and shall
perform such other duties as may devolve upon the secretary of state by resolution of
the two houses, or either of them.
2. Keep a register of and attest the official acts of the governor.
3. Affix the great seal with the secretary of state's attestation to commissions and other
public instruments to which the official signature of the governor is required.
4. Record and maintain records of all conveyances made to the state and all articles of
incorporation filed in the secretary of state's office.
5. Maintain records for all books distributed by the secretary of state and direct the
county auditor of each county to do the same as provided by law.
6. Furnish on demand to persons paying the fees therefor a certified copy of all or any
part of any law, record, or other instrument filed, deposited, or recorded in the
secretary of state's office.
7. Keep records of all the fees, commissions, and compensation of whatever nature or
kind earned, collected, or charged by the secretary of state, with the date, name of
payer, and the nature of the services in each case.
8. Biennially report to the governor with copies filed in the secretary of state's office as
prescribed by section 54-06-04 all moneys received from any source for services
performed and accompany the report with a detailed statement under oath of the
manner in which the appropriations for the secretary of state's office have been
expended during the preceding two fiscal years.
9. Immediately after the laws, resolutions, and journals of the legislative assembly are
bound, distribute the laws, resolutions, and journals to the persons entitled thereto by
law or rules of the senate and house of representatives.
10. Keep records of cities as prescribed by law.
11. Indicate on each bill passed by the legislative assembly the date of filing in the
secretary of state's office.
12. Perform all other duties as are prescribed by law.
### § 54-09-02.1. Secretary of state - Certificates and certified copies to be received in

evidence.
1. All certificates issued by the secretary of state and all copies of records filed in
accordance with this chapter or any other chapter, when certified by the secretary of
state, may be taken and received in all courts, public offices, and official bodies as
evidence of the facts stated.
2. A certificate by the secretary of state under the great seal of this state, as to the
existence or nonexistence of the facts relating to records filed by the secretary of state
in accordance with this chapter or any other chapter which would not appear from a
certified copy of any of the foregoing records or certificates, may be taken and
received in all courts, public offices, and official bodies as evidence of the existence or
nonexistence of the facts stated.

3. Any certificate or certified copy issued by the secretary of state under this section may
be created and disseminated as an electronic record with the same force and effect as
if produced in a paper form.
### § 54-09-03. Secretary of state to mark books distributed.

Repealed by S.L. 1999, ch. 449, § 1.
### § 54-09-04. Fees.

1. The secretary of state shall charge and collect the following fees:
a. Unless otherwise provided by law, for affixing the signature of the secretary of
state, certificate, or seal, or combination thereof to any document, ten dollars.
b. For searching records and archives of the state, five dollars. For the purposes of
this section, a search of records conducted by the secretary of state for which a
fee must be collected includes the following:
(1) A search of a filed document that is active or archived, an archived index, or
an index of business name changes to identify specific information to satisfy
a request;
(2) A search of any record for which written verification of the facts of the search
is required; and
(3) For every search of records when the request for the search is contained in
a list compiled by the requester.
The secretary of state may provide, at no charge, information from publications or
reference materials published or maintained by the secretary of state and verbal
confirmation of any element of information maintained in a computer database.
c. For filing any transaction not otherwise provided for, ten dollars.
d. For filing any process, notice, or demand for service, the fee provided in section
10-01.1-03.
e. For preparing any listing or compilation of any information recorded or filed in the
office of the secretary of state, forty dollars for each record type requested.
Unless otherwise agreed to by the secretary of state, the information must be
provided in an electronic format. If provided in a paper format, an additional fee of
fifty cents per page may be charged.
2. An individual required to file an oath of office with the secretary of state may not be
charged for filing the oath of office, nor may a state or county officer be charged for
filing any document with the secretary of state when acting in the officer's official
capacity. All fees when collected must be paid by the secretary of state into the state
treasury at the end of each month and placed to the credit of the state. Unless
otherwise provided by law, the secretary of state shall retain a handling charge from
filing fees tendered when a document submitted to the secretary of state under any
law is rejected and not perfected. The handling charge is five dollars or fifty percent of
the filing fee, whichever is greater, but may not exceed one hundred dollars.
3. If, upon due presentment, any check, draft, money order, or other form of lawful
payment provisionally accepted in payment of any filing fee authorized to be charged
and collected by the secretary of state, is not honored or paid, or if no lawful form of
payment accompanies the filing, any record of credit or payment must be canceled or
reversed as though no credit had been given or payment attempted and the filing or
action is void. The secretary of state may return to the last-known address of the filer
any record or document that was attempted to be filed or may retain as unfiled the
record or document for a reasonable time to permit proper payment and filing.
4. This section does not apply to fees submitted for filing in, or information obtained from,
the computerized central notice system, to the computerized Uniform Commercial
Code central filing database, or to the computerized statutory liens database.

### § 54-09-04.1. Exception from fees.

A member of the legislative assembly or a state or county office may not be charged by the
secretary of state for any search relative to matters appertaining to duties of office, any fee for a
certified copy of any law or resolution passed by the legislative assembly relative to the
individual's official duties, or for filing any process, notice, or demand for service relative to the
individual's official duties.
### § 54-09-05. Salary of secretary of state.

The annual salary of the secretary of state is one hundred thirty-nine thousand two hundred
fifty-six dollars though June 30, 2026, and one hundred forty-three thousand four hundred
thirty-four dollars thereafter.
### § 54-09-06. Official bond.

Repealed by S.L. 1999, ch. 113, § 24.
### § 54-09-07. Service of process on secretary of state if agent not found or if secretary of

state appointed as agent for individual.
If an agent other than the secretary of state has been appointed for receipt of service, but
the affidavit of a sheriff or of an adult who is not a party to a proceeding establishes that diligent
inquiry has been made and that personal service cannot be accomplished upon any registered
agent, officer, or superintending, managing, or general agent of an entity, then the secretary of
state may be deemed the agent of the entity for receiving service of process. Service on the
secretary of state must be made as provided in section 10-01.1-13. Except as otherwise
provided by law, if the secretary of state is appointed as agent for service of process for any
individual under any provision of this code, then service on the secretary of state and the
responsibilities of the secretary of state with respect to the service shall be made or executed in
the manner provided in section 10-01.1-13, to the extent practicable.
### § 54-09-08. Secretary of state's general services operating fund.

The secretary of state's general services operating fund is a special fund in the state
treasury. Moneys in the fund are to be used pursuant to legislative appropriations for the
provision of services under section 16.1-02-15, subsection 4 of section 41-09-94, subsection 5
of section 41-09-96, subsection 7 of section 54-09-04, and sections 10-35-33, 54-09-10, and
54-09-11.
### § 54-09-09. Computerized central indexing system - Rules.

1. The secretary of state shall maintain a computerized central indexing system that
contains the information filed pursuant to sections 35-13-02, 35-17-04, 35-20-16,
35-30-02, 35-31-02, 35-34-04, 35-34-06, 41-09-72, 57-38-49, 57-39.2-13, 57-40.2-16,
57-40.3-07.1, 57-43.1-17.4, 57-43.2-16.3, and 57-51-11. The system must allow
access to financing statement information by equipment that conforms to requirements
determined by the information technology department. The system must have
safeguards to allow access to information that is in the system relating to security
interests or liens and to prevent unauthorized alteration or deletion of that information
and to allow access to other information in the system as prescribed by the secretary
of state.
2. Within two working days of receipt of a financing statement, continuation statement,
amendment, or termination statement filed electronically pursuant to chapter 41-09 or
a statement filed electronically pursuant to section 35-13-02, 35-17-04, 35-20-16,
35-30-02, or 35-31-02, the information contained in the statement must be filed in the
computerized central indexing system. A computer printout of information from the
system is prima facie evidence of the existence or nonexistence of the filing of a
financing statement or lien. The secretary of state shall provide an electronic means
that can be used to perfect a security interest in farm products or gain protection under
the central notice system, or both.

3. The secretary of state may adopt rules necessary to implement this section and
sections 54-09-10 and 54-09-11.
### § 54-09-10. Secretary of state to compile lists for crops and livestock - Distribution of

lists.
1. From the computerized central indexing system, the secretary of state or a designee
shall produce electronically a list for crops and a list for livestock that each contain the
information as filed pursuant to section 41-09-72. The secretary of state shall also
include on the lists the information filed for crops and livestock pursuant to sections
35-17-04, 35-30-02, and 35-31-02. The lists must be in alphabetical order according to
the last name of, or in numerical order according to the social security number of, the
person engaged in farming operations. The lists may be prepared in categories
according to county, regions as designated by the secretary of state, or on a statewide
basis. If requested, the lists must be in printed form. Each list must conspicuously note
the effective date of the list.
2. The secretary of state shall distribute by mail or deliver electronically the lists prepared
pursuant to subsection 1. If requested, the secretary of state shall mail or deliver
electronically the lists to any person making a request at a fee as provided in section
54-09-11.
3. Upon a verbal request of any person, the secretary of state or a designee of the
secretary of state shall verbally provide information contained on a list generated
through the computerized central indexing system if the collateral is crops or livestock.
The requesting party may request electronically a certificate from the central indexing
system to confirm the information given. Direct computer access is equivalent to oral
confirmation, and a computer printout constitutes the written confirmation of the
secretary of state, if use of this method of confirmation does not cause the central
indexing system to lose federal certification. A computer printout from the
computerized central indexing system constitutes the certificate of the secretary of
state as to whether there is on file, on the date and hour stated on the computer
printout, a financing statement.
### § 54-09-11. Fees.

1. The secretary of state shall establish fees for any programming charges specifically
incurred to provide information requested by persons which is related to the central
indexing system and for other services provided through the computerized system.
2. A fee may not be required for furnishing information on a verbal request pursuant to
subsection 3 of section 54-09-10, and the fee for furnishing a certificate under
subsection 3 of section 54-09-10 is fifteen dollars.
3. For preparing a listing or compilation of any information recorded or filed in the office of
the secretary of state, the secretary of state may charge a fee of forty dollars for each
record requested. The secretary of state shall provide the requested information in an
electronic format, unless the secretary of state agrees to a request to provide the
information in a different format. If the secretary of state provides the requested
information in a paper format, the secretary of state may charge an additional fee of
fifty cents per page.
4. Fees collected by the secretary of state under this section, under subsection 4 of
section 41-09-94, and subsection 5 of section 41-09-96, and twenty dollars from each
filing entered into the central indexing system must be deposited in the secretary of
state's general services operating fund. Fees collected by the secretary of state under
this section may be used for the programming and maintenance of information
technology systems administered by the secretary of state.
### § 54-09-12. Confidential information in filed records.

1. A social security number or federal tax identification number disclosed or contained in
any record filed with the secretary of state is confidential. However, a social security

number or federal tax identification number may be released as authorized in this
section or by other state or federal law.
2. The secretary of state shall delete or obscure a social security or federal tax
identification number before a copy of any record is released to the public. The
secretary of state, or an employee, agent, or contractor of the secretary of state's
office, may not be held civilly or criminally liable for the inadvertent disclosure of a
social security or federal tax identification number if the filer has placed the number in
an improper field on the form prescribed by the secretary of state or the filer submitted
a filing other than on the form prescribed by the secretary of state.
3. The secretary of state or an employee, agent, or contractor of the secretary of state's
office may release a social security number or federal tax identification number to
another public entity or the public entity's agents, employees, or contractors if
disclosure is necessary for the receiving public entity to perform the receiving public
entity's duties and responsibilities. The receiving public entity and the receiving public
entity's agents, employees, and contractors shall maintain the confidential status of the
social security number or federal tax identification number.
### § 54-09-12.1. Criminal history record check.

The secretary of state may require any employee who has access to personally identifying
information of residents or businesses of the state, or access to election systems that are critical
infrastructure under section 44-04-24, to submit to a statewide and nationwide criminal history
record check. The criminal history record check must be conducted as provided by section
12-60-24.
### § 54-09-13. Role of secretary of state in filing signed documents and records.

Whenever any provision of law requires or permits a signed document or record to be filed
with the secretary of state, the provision may not be construed to require the secretary of state
to make any determination the signed document or record filed or to be filed has been properly
signed or executed by or on behalf of the filer.
### § 54-09-14. Filing signed documents and records with the secretary of state - Use of

agent.
1. A person who signs a document submitted to the secretary of state without authority to
sign that document or who signs the document knowing the document is false in any
material respect is subject to the penalties of perjury or false statement set forth in
chapter 12.1-11.
2. Any document submitted to the office of the secretary of state online may be signed by
any person as agent of any person whose signature is required by law. The signing
party must indicate on the application that the person is acting as the agent of the
person whose signature would be required and that the person has been authorized to
sign on behalf of the applicant. The name of the person signing, entered on the online
application, constitutes a valid signature by such an agent.
3. Any document relating to a filing by a business entity or assumed name submitted to
the office of the secretary of state on paper may be signed by any person as agent of
any person whose signature is required by law. The signing party must indicate on the
document that the signing party is acting as the agent of the person whose signature
would be required and that the signing party has been authorized to sign on behalf of
that person.
