# Title 16.1 — Elections

## Chapter 16.1-11 — Nominations for Office - Primary Election

### § 16.1-11-01. Primary election - When held - Nomination of candidates - Nomination for

special elections.
On the second Tuesday in June of every general election year, a primary election must be
held for the nomination of candidates for the following offices in the years of their regular
election: United States senators, member of the United States house of representatives,
members of the legislative assembly, elected state officials, judges of the supreme court and
district court, county officers, and county commissioners. In special elections the nominations
for the officers enumerated in this section must be made as provided in this title.
### § 16.1-11-02. Presidential preference contest - Time for holding.

Repealed by S.L. 2003, ch. 174, § 6.
### § 16.1-11-02.1. Presidential preference contest conduct - Mail ballot election.

Repealed by S.L. 2003, ch. 174, § 6.
### § 16.1-11-02.2. Presidential preference contest - Requirements.

Expired under S.L. 1995, ch. 209, § 13.
### § 16.1-11-02.3. Presidential preference contest - Rules.

Repealed by S.L. 2003, ch. 174, § 6.
### § 16.1-11-03. Political parties authorized to conduct presidential preference contest.

Repealed by S.L. 2003, ch. 174, § 6.
### § 16.1-11-03.1. 2000 presidential caucus.

Expired pursuant to S.L. 1999, ch. 207, § 6.
### § 16.1-11-04. Presidential preference contest.

Repealed by S.L. 2003, ch. 174, § 6.
### § 16.1-11-05. Secretary of state to give notice to county auditor of officers to be

nominated.
Repealed by S.L. 2015, ch. 158, § 5.
### § 16.1-11-05.1. Participation in endorsements for nomination.

1. An individual may not participate directly or indirectly in the endorsement for
nomination of more than one individual for each office to be filled, except an individual
may sign a petition for placement of a candidate's name on the primary ballot:
a. For more than one individual for each office for an office not under party
designation.
b. For more than one individual for each office for an office under party designation
only if all the candidates for whom the individual signs a petition for an office are
running under the same party designation.
2. Except for individuals allowed to seek nomination to more than one office pursuant to
section 16.1-12-03, an individual may not accept endorsement for nomination by
certificate or petition to more than one office. A political party may not endorse for
nomination by certificate more than one set of nominees.

### § 16.1-11-06. State candidate's petition or political party certificate of endorsement

required to get name on ballot - Contents - Filing.
1. Every candidate for United States senator, United States representative, a state office,
including the office of state senator or state representative, and judges of the supreme
and district courts shall present to the secretary of state, between the first date
candidates may begin circulating nominating petitions according to this chapter and
before four p.m. of the sixty-fourth day before any primary election, either:
a. The certificate of endorsement signed by the state or district chairman of any
legally recognized political party containing the candidate's name, post-office
address, nongovernment issued electronic mail address, and telephone number,
the title of the office to which the candidate aspires, and the party which the
candidate represents; or
b. The nominating petition containing the following:
(1) The candidate's name, post-office address, nongovernment issued
electronic mail address, and telephone number, and the title of the office to
which the candidate aspires, the appropriate district judgeship number if
applicable, and whether the petition is intended for nomination for an
unexpired term of office if applicable.
(2) The name of the party the candidate represents if the petition is for an office
under party designation.
(3) The signatures and printed names of qualified electors, the number of which
must be determined as follows:
(a) If the office is under party designation, the signatures of three percent
of the total vote cast for the candidates of the party with which the
candidate affiliates for the same position at the last general election.
However, no more than three hundred signatures may be required.
(b) If there was no candidate of a party for a position at the preceding
general election, at least three hundred signatures.
(c) If the office is under the no-party designation, at least three hundred
signatures.
(d) If the office is a legislative office, the signatures of at least one percent
of the total resident population of the legislative district as determined
by the most recent federal decennial census.
(4) The mailing address and the date of signing for each signer.
2. If the petition or certificate of endorsement is for the office of governor and lieutenant
governor, the petition or certificate must contain the names and other information
required of candidates for both offices.
3. A petition or certificate of endorsement may be filed electronically, through the mail, or
by personal delivery. However, the petition or certificate must be complete and in the
possession of the secretary of state before four p.m. of the sixty-fourth day before the
primary election.
### § 16.1-11-07. Presidential candidates on ballot - Filing time.

Repealed by S.L. 2007, ch. 197, § 9.
### § 16.1-11-08. Reference to party affiliation in petition and affidavit prohibited for certain

offices.
No reference may be made to a party ballot or to the party affiliation of a candidate in a
petition and affidavit filed by or on behalf of a candidate for nomination in the primary election to
an elective county office, the office of judge of the supreme court, judge of the district court, or
superintendent of public instruction.
### § 16.1-11-09. Form of certificate of endorsement.

A certificate of endorsement filed with the proper officer as provided in this chapter must be
in substantially the following form:

I, ______________, do certify that I am the state (district) chairman of the
______________ political party of the ______________ legislative district (if appropriate) of
the state of North Dakota and that ______________ (insert name of endorsee), residing at
____________, whose nongovernment issued electronic mail address is ______________,
was duly endorsed for nomination to the office of ______________ on the
______________ day of __________, by the ______________ political party of the
______________ legislative district (if appropriate), duly convened and organized in
accordance with the bylaws of the ______________ political party and the laws of this
state, and do hereby request ______________ name be printed upon the ballot as a
candidate for nomination to the office of ______________ at the forthcoming primary
election to be held on ______________ of this year.
Dated this ____________ day of _________.
_________________________________________
(signature of state or district chairman)
### § 16.1-11-10. Applicant's name placed upon ballot - Affidavit to accompany petition.

Upon receipt by the secretary of state of the petition or certificate of endorsement provided
for in section 16.1-11-06 accompanied by the following affidavit, the secretary of state shall
place the applicant's name upon the primary election ballot in the columns of the applicant's
party as provided or within the no-party office for which the applicant desires nomination. Upon
receipt by the county auditor of the petition provided for in section 16.1-11-11 accompanied by
the following affidavit, the county auditor shall place the applicant's name upon the primary
election ballot within the no-party office for which the applicant desires nomination. The affidavit
may be filed electronically, through the mail, or by personal delivery. However, the affidavit must
be in the possession of the appropriate filing officer before four p.m. on the sixty-fourth day
before the primary 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 ______________ of North Dakota; and zip code of
________________; that I am a candidate for nomination to the office of _____________ to
be chosen at the primary election to be held on _____________, ______, and I request that
my name be printed upon the primary election ballot as provided by law, as a candidate of
the ______________ 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
_______________________________________
Candidate's signature
Subscribed and sworn to before me on ______________, _____.
________________________________________
Notary Public
NOTARY SEAL My Commission Expires ____________________
### § 16.1-11-11. County candidates' petitions - Filing - Contents.

Every candidate for a county office shall present a petition to the county auditor of the
county in which the candidate resides between the first date candidates may begin circulating
nominating petitions according to this chapter and four p.m. of the sixty-fourth day before any
primary election. The petition or certificate of endorsement may be filed electronically, through
the mail, or by personal delivery. However, the petition or certificate of endorsement must be

complete and in the possession of the county auditor before four p.m. on the sixty-fourth day
before the primary election. A petition under this section must include the following:
1. The candidate's name, post-office address, nongovernment issued electronic mail
address, and telephone number, the title of the office to which the candidate aspires,
the appropriate district number if applicable, and whether the petition is intended for
nomination for an unexpired term of office if applicable.
2. The printed names and signatures of qualified electors, the number of which must be
determined as follows:
a. If the office is a county office, the signatures of not less than two percent of the
total vote cast for the office at the most recent general election at which the office
was voted upon.
b. If the office is a county office and multiple candidates were elected to the office at
the preceding general election at which the office was voted upon, the signatures
of not less than two percent of the votes cast for all candidates divided by the
number of candidates that were to be elected to that office.
c. If the office is a county office and no candidate was elected or no votes were cast
for the office at any general election, the number of signers equal to at least
two percent of the total average vote cast for the offices of sheriff and county
auditor at the most recent general election at which those officers were elected in
the petitioner's county. This average must be determined by dividing by two the
total vote cast for those offices.
d. In no case may more than three hundred signatures be required.
3. The residential address, mailing address (if different from residential address), and
date of signing for each signer. A post office box does not qualify as a residential
address. In areas of the state where street addresses are not available, a description
of where the residential address is located must be used.
### § 16.1-11-11.1. Deadline for placing county and city measures on primary, general, or

special election ballots.
Notwithstanding any other provision of law, a county may not submit a measure for
consideration of the voters at a primary, general, or special statewide, district, or county election
after four p.m. on the sixty-fourth day before the election. A city that has combined its regular or
a special election with a primary, general, or special county election, according to the provisions
set forth in section 40-21-02, may not submit a measure for consideration of the voters at that
election after four p.m. on the sixty-fourth day before the election.
### § 16.1-11-12. Applicant's name placed on ballot.

1. Upon receipt of the petition or certificate of endorsement provided for in section
16.1-11-06, accompanied by an affidavit as provided in section 16.1-11-10, the
secretary of state shall place the name of the applicant on the primary election ballot in
the party or appropriate section if the documentation meets all applicable
requirements.
2. Upon receipt of the petition or certificate of endorsement provided for in section
16.1-11-11, accompanied by an affidavit as provided in section 16.1-11-10, the county
auditor shall place the name of the applicant on the appropriate section of the no-party
primary election ballot if the documentation meets all applicable requirements.
3. A candidate whose name was placed on the ballot under this section may have the
candidate's name removed from the ballot by submitting a written request to the
appropriate filing officer within forty-eight hours after the filing deadline under sections
### § 16.1-11-13. Filing petition or certificate of endorsement when legislative district

composed of more than one county - Certificate of county auditor.
Repealed by S.L. 2013, ch. 175, § 11.

### § 16.1-11-14. Application by other persons to place name on ballot - Petition - Affidavit.

Repealed by S.L. 1995, ch. 207, § 20.
### § 16.1-11-15. Nominating petition not to be circulated prior to January first - Special

election.
No nominating petition provided for in sections 16.1-11-06 and 16.1-11-11 may be circulated
or signed prior to January first preceding the primary election. Any signatures to a petition
secured before that time may not be counted. A nominating petition for a special election may
not be circulated or signed more than thirty days before the time when a petition for the special
election must be filed.
### § 16.1-11-16. Form of nominating petitions.

1. Each nominating petition circulated by candidates for any state, district, county, or
other political subdivision office must include or have attached the following
information, which must be made available to each signer at the time of signing:
a. The candidate's name, address, nongovernment issued electronic mail address,
and telephone number and the title of the office to which the candidate aspires,
including the appropriate district number if applicable, and whether the petition is
intended for a full or unexpired term of office.
b. The name of the party the candidate represents if the petition is for an office
under party designation.
c. The date of the election at which the candidate is seeking nomination or election.
2. Only qualified electors of the state, district, county, or other political subdivision, as the
case may be, may sign nominating petitions. In addition to signing and printing the
individual's name, petition signers shall include the following information:
a. The date of signing.
b. Complete residential address. A post office box does not qualify as a residential
address. In areas of the state where street addresses are not available, a
description of where the residential address is located must be used.
c. Complete mailing address if different from residential address.
3. Incomplete signatures or accompanying information of petition signers which does not
meet the requirements of this section invalidates the applicable signatures. The use of
ditto marks to indicate the information contained on the previous signature line carries
over does not invalidate a signature. Signatures that are not accompanied by a
complete date are not invalid if the signatures are preceded and followed by a
signature that is accompanied by a complete date.
### § 16.1-11-17. Filling vacancy in party primary election ballot permissible - Petition -

Affidavit.
Repealed by S.L. 1995, ch. 207, § 20.
### § 16.1-11-18. Filling vacancy occurring in endorsement or nomination by petition for

party office.
1. If a vacancy occurs in any party certificate of endorsement at the primary election for
any state or legislative district office, the proper state or district executive committee of
the political party may fill the vacancy by filing another certificate of endorsement with
the secretary of state as provided in section 16.1-11-06.
2. If no party endorsement has been made by certificate and a vacancy occurs in a slate
of candidates seeking party nomination by petition at the primary election, the proper
state or district executive committee may fill the vacancy by filing a certificate of
endorsement with the secretary of state as provided in section 16.1-11-06.
3. If party endorsements by certificate have been made for any state or district office and
a vacancy occurs in the slate of individuals seeking nomination at the primary election
because of the unavailability of the individual who is seeking nomination by petition,
that vacancy may not be filled except by petition.

4. Vacancies to be filled according to the provisions of this section may be filled not later
than the sixty-fourth day before the election.
### § 16.1-11-19. Filling vacancy existing on no-party ballot - Petition required - Time of

filing.
1. If 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 before the primary election, a written petition as provided in section
16.1-11-06, stating the petitioner desires to become a candidate for nomination to the
office for which a vacancy exists. If the petition is mailed, the petition must be in the
possession of the secretary of state before four p.m. on the sixty-fourth day before the
primary election. 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 governor at the most recent general election in the state or district at
which the office of governor was voted upon, but in no case may more than three
hundred signatures be required.
2. If 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 before the primary election, a written petition as provided in section
16.1-11-11, stating the petitioner desires to become a candidate for nomination to the
office for which a vacancy exists. If the petition is mailed, the petition must be in the
possession of the county auditor before four p.m. on the sixty-fourth day before the
primary election. The petition for the nomination of any individual to fill the vacancy
must be signed by qualified electors as provided in subdivision c of subsection 2 of
section 16.1-11-11.
3. A vacancy in the no-party ballot must be deemed to exist when a candidate who was
qualified by filing a petition pursuant to section 16.1-11-06 or 16.1-11-11 dies, resigns,
or otherwise becomes disqualified to have the candidate's name printed on the ballot.
### § 16.1-11-20. Certified list of nominees transmitted to county auditor by secretary of

state.
At least fifty-five days before any primary election, the secretary of state shall transmit
electronically to each county auditor a certified list containing the names of each individual for
whom nomination papers have been filed in the secretary of state's office and who is entitled to
be voted for at the primary election. A designation of the office for which each is a candidate,
and if applicable, the party or principle represented by each must be included.
### § 16.1-11-21. County auditor to publish sample primary election ballot and notice of

time and place of election.
The county auditor shall publish, once each week for two consecutive weeks before the
primary election, in the official county newspaper, and if no newspaper is published in the
county then in a newspaper published in an adjoining county in the state, a notice accompanied
by a statement substantially the same as: "The arrangement of candidate names on ballots in
your precinct may vary from the published sample ballots, depending on the precinct and
legislative district in which you reside." The notice must include:
1. A copy of the sample ballot of the primary election, as arranged by order and direction
of the county auditor. The form of the sample ballot must conform in all respects to the
form prescribed for the sample primary ballot by the secretary of state. 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 that falls
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.
2. The date of the primary election.
3. The hours during which the polls will be open.

4. The name and address for each polling place in the county.
### § 16.1-11-22. Primary election ballot - Form - Voters to vote for candidates of only one

political party.
At the primary election there may be only one ballot containing the separate sections for all
parties or principles. The judges and the inspector of elections shall inform each elector at the
primary, before voting, if the voter votes for candidates of more than one political party the
voter's political party ballot will be rejected. The ballot must be in the following form:
1. The ballot must be entitled the "consolidated primary election ballot".
2. Each political party or principle having candidates at the primary election must have a
separate section on the ballot.
3. At the head of each section must be printed the name of the political party or principle
which it represents.
4. Spanning the columns containing the political party ballot sections and before the party
names or principle titles must be printed: "In a Political Party Primary Election, you
may only vote for the candidates of one political party. This ballot contains the number
of political parties or principles and a description of where the political parties or
principles are to be found in the sections below. If you vote in more than one political
party's section, your Political Party Ballot will be rejected; however, all votes on the No
Party and Measure Ballots will still be counted."
5. Immediately below the warning against voting for candidates of more than one political
party must be printed: "To vote for the candidate of your choice, you must darken the
oval next to the name of that candidate. To vote for an individual whose name is not
printed on the ballot, you must darken the oval next to the blank line provided and
write that individual's name on the blank line."
6. The offices specified in section 16.1-11-26 must be arranged in each section with the
name of each office in the center of each political party section at the head of the
names of all the candidates for the office.
7. Immediately under the name of each office must be printed: "Vote for no more than
__________ name (or names)."
8. Immediately preceding and on the same line as the name of each candidate must be
printed an oval in which the voter is to mark the voter's choice by darkening the oval
next to the name of the candidate chosen.
9. The political party or principle which cast the largest vote for governor at the most
recent primary election at which the office of governor was voted upon must have the
first section, and the political party or principle casting the next largest vote must have
the second section, and so on.
### § 16.1-11-23. Presidential preference contest ballots.

Repealed by S.L. 2005, ch. 185, § 18.
### § 16.1-11-24. No-party primary ballot - Contents.

There must be a separate ballot at all primary elections which must be entitled "no-party
primary ballot". The names of aspirants for nomination to each office must be arranged on the
no-party primary ballot in separate groups in their order. The separate ballot may be on the
same paper or electronic ballot, but the list of offices and candidates must be entitled "no-party
primary ballot" in a manner to indicate clearly the separation of the no-party list of offices and
candidates from the party list of offices and candidates. The names of all candidates for any of
the offices mentioned in section 16.1-11-08 must be placed on the ballot without party
designation. Immediately under the name of each office must be placed the language: "Vote for
no more than __________ name (or names)." The number inserted must be the number to be
elected to the office at the next succeeding general election.

### § 16.1-11-25. 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 primary election ballots.
### § 16.1-11-26. Order in which names of offices shall appear on ballot.

The primary election ballot for party nominations shall contain the following offices in the
following order under each party column:
1. Congressional:
United States senator
representative in Congress
2. Legislative:
state senator __________ district
state representative __________ district
3. State offices:
governor and lieutenant governor
secretary of state
state auditor
state treasurer
attorney general
insurance commissioner
agriculture commissioner
public service commissioner
tax commissioner
### § 16.1-11-27. Arrangement of names on ballots.

Sample ballots used for publication purposes must be arranged using the rotation of the
ballot in the precinct and ordered according to the precincts with the greatest eligible voter
population to the least. On the official ballot used at the election, including electronic voting
system ballots, the names of candidates beside or under headings designating each office to be
voted for must be alternated in the following manner:
1. The ballot must first be arranged with all the names for each office on the ballot in an
order determined by lot by the county auditor and prepared by the county auditor for all
state, district, and county offices. The position of names that require alternating under
the provisions of this section must be alternated by an algorithm approved by the
secretary of state designed to ensure to the extent possible that each name on the
ballot for an office is listed in each position order on an equal number of precinct
ballots spread across the county. There must be a different alternation sequence for
each of the following, based on the geographical area by which the office is filled:
a. Offices to be filled by the electors of the state, the entire county, or any district
which includes the entire county.
b. Offices to be filled by the electors of districts smaller than the county, with a
different rotation for each of those districts.
2. Although the names are to be alternated within the offices on the ballot, the name
order for an office is to be the same for all ballots within a precinct.
### § 16.1-11-28. Piling, cutting, and blocking ballots.

Repealed by S.L. 1999, ch. 209, § 2.
### § 16.1-11-29. Preparation of ballot.

Unless otherwise provided in this chapter, the primary election ballot must be prepared as
provided in chapter 16.1-06.

### § 16.1-11-30. Separate section on primary election ballot required for each political

party.
Any party that had printed on the ballot at the last preceding presidential election the names
of a set of presidential electors pledged to the election of the party's candidates for president
and vice president or a candidate for governor and those candidates for presidential electors or
governor received at least five percent of the total vote cast for presidential electors or the office
of governor within this state at that election; any party that had printed on the ballot at the last
preceding nonpresidential election a candidate for attorney general or secretary of state, and
the candidate received at least five percent of the total vote cast for the office the candidate was
seeking at the election; or any party that has organized according to all the requirements of
chapter 16.1-03 must be provided with a separate section on primary election ballots.
Any other political organization is entitled to endorse candidates or have candidates petition
to be included on the primary ballot in a separate section of the consolidated primary election
ballot, if a petition signed by at least seven thousand qualified electors of this state is filed with
the secretary of state before four p.m. of the sixty-fourth day before a primary or special
election, naming the political organization, stating the platform principles of the party, and
requesting the names of its candidates to be included on the state's primary ballot in a separate
section. Political organizations that are granted ballot access under this section are allowed
ballot access only for those offices for which the organization has identified candidates.
Regardless of the means by which the petition is delivered, the original must be in the
possession of the secretary of state before four p.m. on the sixty-fourth day prior to a primary or
special election. Candidates of that party are entitled to the same rights and privileges as those
of other parties. Petitions circulated according to this section must be filed with the secretary of
state in accordance with section 1-01-50.
A political organization that had printed on the ballot at the last preceding presidential
election the names of a set of presidential electors pledged to the election of the party's
candidates for president and vice president or a candidate for governor and those candidates
for presidential electors or governor received at least five percent of the total vote cast for
presidential electors or the office of governor within this state at that election, and any political
organization that has printed on the ballot at the last preceding nonpresidential election a
candidate for attorney general or secretary of state, and the candidate received at least five
percent of the total vote cast for the office the candidate was seeking at the election are entitled
to organize according to the requirements of chapter 16.1-03.
### § 16.1-11-31. Precinct election reports.

Vote tabulation machines must print reports detailing the election results from the precinct
after the close of the polls.
### § 16.1-11-32. Poll lists kept by clerks of elections.

The clerks of primary elections shall keep either one paper or one electronic list of the
names of all individuals voting at each primary election. The clerks must return the list, which
must be a part of the records and filed with other election returns. Only one complete list of
voters may be kept whether or not a special election is held simultaneously with the primary
election.
### § 16.1-11-33. Judges of election to run report of primary election - Contents.

The judges of a primary election in each polling place shall run a separate report for each
political party or principle requesting the report, containing the names of all individuals voted for
at the primary election, the number of votes cast for each candidate, and for what office. The
report must be approved and signed by the election inspector and election judges and must be
filed with the returns in the office of the county auditor.
### § 16.1-11-34. Counting and canvassing of votes in presidential preference contest.

Repealed by S.L. 2005, ch. 185, § 18.

### § 16.1-11-35. Nominations by write-in.

This title does 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.
### § 16.1-11-36. Vote required at primary election for nomination.

An individual may not be deemed nominated as a candidate for any office at any primary
election unless that individual receives a number of votes at least equal to the number of
signatures required on a petition to have a candidate's name for that office placed on the
primary ballot.
### § 16.1-11-37. Vote required for nomination on no-party ballot - Partisan nominations

prohibited.
The number of individuals to be nominated as candidates for any one no-party office is the
number of individuals who receive the highest number of votes and who total twice the number
of available positions for the office if that many individuals are candidates for nomination.
However, an individual may not be deemed nominated as a candidate for any no-party office at
any primary election unless the number of votes received by the individual is no less than the
number of signatures of qualified electors required to be obtained on a petition to have a
candidate's name for the office placed on the primary ballot. Partisan nominations may not be
made for any of the offices mentioned in section 16.1-11-08.
### § 16.1-11-38. Tie vote determination.

In case of a tie vote the nominee or nominees must be determined by a drawing of names
in the presence of the candidates upon at least five days' notice to each candidate, by the
canvassing board or boards concerned, at a time and place designated by the board. A
candidate involved in a tie vote may withdraw the candidate's name from consideration if the
candidate is willing to sign a statement to that effect in the presence of and witnessed by the
filing officer of the election. If no candidates remain, the office is to be filled according to the
rules of filling an office when a vacancy exists.
### § 16.1-11-39. Individuals nominated in accordance with provisions of chapter eligible as

candidates in general election.
1. All individuals nominated in accordance with this chapter are eligible as candidates to
be voted for at the ensuing general election, except as provided in this section.
2. Upon receipt of the documents filed by each candidate, the filing officer immediately
shall complete a thorough review of the documents and notify the candidate of any
necessary corrections that must be made before four p.m. on the sixty-fourth day
before the primary election. The filing officer may not place a candidate's name on the
primary election ballot if the filed documents are insufficient and remain uncorrected.
3. If the filing officer discovers, after four p.m. on the sixty-fourth day before the primary
election, an insufficiency in the certificate of endorsement or petition or affidavit of
candidacy filed by a candidate, the candidate may not be deemed nominated until the
insufficiency is corrected. Upon discovery of the insufficiency, the filing officer
immediately shall notify the candidate in writing of the necessary corrections. The
candidate shall file the necessary corrections as soon as practicable, but not later than
four p.m. on the sixty-fourth day before the general election.
### § 16.1-11-40. Primary election and ballot governed by general election provisions.

Except as otherwise provided in this chapter, the primary election ballot must be arranged,
and the primary election must be provided for, conducted, and the expenses thereof paid as in
the case of a general election.
