There is a newer version of the North Dakota Century Code
2009 North Dakota Code
16.1 Elections
16.1-02 Central Voter File
Download pdfsecretary of state and county auditors linked together by a centralized statewide system. The
county auditor is chief custodian of the central voter file records in each county. The secretary of
state shall maintain the central voter file. The central voter file must be accessible by the secretary of state and all county auditors for purposes of preventing and determining voter fraud,
making changes and updates, and generating information, including pollbooks, reports, inquiries,
forms, and voter lists. 16.1-02-02. Costs of creating and maintaining a central voter file. The creation of the central voter file and its maintenance through June 30, 2011, must be paid for with funds
from the state's election fund, provided the election fund contains adequate funding to create and
maintain the central voter file. The creation of the central voter file and its maintenance through
June 30, 2011, may not be paid for from funds in the secretary of state's budget, the state's
general fund, or from county funds. Beginning July 1, 2011, the offices required to perform the
functions and duties of this chapter shall bear the costs incurred in performing those duties and
the secretary of state shall pay the costs of operating and maintaining the central voter file. As
used in this section, costs of maintaining the central voter file mean costs of annual software
licenses, hosting costs for the software in the state data center, costs of necessary
enhancements to the software, and the costs for implementing the duties and responsibilities of
the secretary of state's office relating to the central voter file. 16.1-02-03. Secretary of state to establish the central voter file with department of transportation and county auditors. 1. Not later than the primary election in 2008, the secretary of state shall establish the
central voter file in cooperation with the department of transportation and county
auditors. 2. The secretary of state shall establish the initial central voter file from records
maintained by the department of transportation. Each county auditor shall compare
the initial central voter file against all precinct pollbooks used in the auditor's county
during and created from the general elections in the two previous election years and
any reasonably reliable updates made by the county auditor since the general
elections in the two previous election years. Any individual contained in the initial
central voter file who voted at either of the general elections in the two previous
election years must be designated as "active" in the initial central voter file. Any
individual contained in the initial central voter file who did not vote at either of the
general elections in the two previous election years must be designated as "inactive"
in the initial central voter file. 3. Each individual contained in the initial central voter file must be assigned a unique
identifier. An individual's unique identifier must be created from unique information
and data obtained from records maintained by the department of transportation and
the pollbooks from the general elections in the two previous election years. If it is
not possible to assign a unique identifier to an individual contained in the initial
central voter file, a unique identifier must be randomly generated and assigned to
the individual. 4. The secretary of state shall adopt rules for generating and assigning a unique
identifier to each individual contained in the central voter file according to section
16.1-02-11 and subsection 3 of section 16.1-01-01. 5. When establishing the initial central voter file from the records maintained by the
department of transportation and the pollbooks from the general elections in the two Page No. 1 previous election years, the secretary of state and county auditors shall attempt to
correct address errors and misspellings of names. 16.1-02-04. Precinct boundaries changed - Change to the central voter file. When the boundaries of a precinct are changed, the county auditor shall immediately update the voter
records for that precinct in the central voter file to accurately reflect those changes. 16.1-02-05. Entry of new voters into the central voter file - Query of the central voter file for double voting - Challenges - Postelection verification. 1. Within forty-five days following an election, the county auditor shall enter the name
and required information of each individual who voted at the last election who is not
already contained in the central voter file and update any required information
requested and obtained at the last election for any individual contained in the central
voter file. 2. The secretary of state, with the assistance of the county auditors, within eighty-five
days following an election, shall query the central voter file to determine if any
individual voted more than once during the preceding election. The secretary of
state shall immediately notify the county auditor and state's attorney in each affected
county for further investigation. 3. Upon return of any nonforwardable mail from an election official, the county auditor
shall ascertain the name and address of that individual. If the individual is no longer
at the address recorded in the central voter file, the county auditor shall transfer the
voter to the correct precinct in the central voter file or notify the county of the voter's
new residence so the voter record can be transferred to the correct county. If a
notice mailed at least sixty days after the return of the first nonforwardable mail is
also returned by the postal service, the county auditor shall designate the individual
as "inactive" in the central voter file. 4. Within forty-five days after an election, the county auditor shall send a notice to each
individual who was challenged on election day according to section 16.1-05-06. If a
notice is returned as not deliverable, the county auditor shall attempt to determine
the reason for the return. A county auditor who does not receive or obtain satisfactory proof of an individual's eligibility to vote shall notify immediately the
state's attorney to conduct an investigation of the individual's eligibility to vote in that
election. 16.1-02-06. Reporting deceased individuals and changes of names - Changes to records in the central voter file. 1. The state health officer shall provide for the regular reporting to the secretary of state
the name, address, date of birth, and county of residence, if available, of each
individual eighteen years of age or older who has died while maintaining residence
in this state since the last report. Within thirty days after receiving a report, the
secretary of state shall designate each individual included in the report as
"deceased" in the central voter file. The secretary of state shall prepare and distribute a list of individuals designated as "deceased" to each county auditor. 2. The state health officer shall provide for the regular reporting to the secretary of state
the name, address, date of birth, and county of residence, if available, of each
individual eighteen years of age or older whose name was changed by marriage
since the last report. The secretary of state shall prepare and distribute a list of
those individuals to each county auditor. 3. After receiving notice of death of an individual who has died outside the county, the
county auditor shall designate that individual as "deceased" in the central voter file. Page No. 2 Notice must be in the form of a printed obituary or a written statement signed by an
individual having knowledge of the death of the individual. 16.1-02-07. Reporting changes of names - Changes to records in the central voter file. The state court administrator shall provide for the regular reporting to the secretary of state
the name, address, date of birth, and county of residence, if available, of each individual eighteen
years of age or older whose name was changed by divorce or any order or decree of the court
since the last report. The secretary of state shall prepare and distribute a list of those individuals
to each county auditor. Any individual who has obtained a protection order under section 14-07.1-03 or who is protected by a disorderly conduct restraining order under section
12.1-31.2-01 must be listed in the central voter file with a "secured active" designation. A "secured active" designation means a record maintained as an active voter for pollbook
purposes, but otherwise is an exempt record. The state court administrator or the bureau of
criminal investigation shall make available upon request of the secretary of state the name of
each individual who has obtained such an order. 16.1-02-08. Reporting incarcerations - Changes to records in the central voter file. Repealed by S.L. 2005, ch. 181, § 7. 16.1-02-09. Department of transportation to report updates to the secretary of state - Changes to records in the central voter file. 1. The department of transportation shall report regularly to the secretary of state any
relevant changes and updates to records maintained by the department of
transportation which may require changes and updates to be made to records of
individuals contained in the central voter file. 2. The county auditor may change the designation of individuals contained in the
central voter file whose change of address can be confirmed by the United States
postal service. The secretary of state may provide each county auditor with periodic
reports on any individual whose change of address can be confirmed by the United
States postal service. 3. If a qualified elector makes a written request to the county auditor for inclusion in the
central voter file, the county auditor shall collect the required information from the
individual and add the individual's name to the central voter file with the designation
of "inactive". 16.1-02-10. Posting voting history - Failure to vote - Individuals designated inactive. Within seventy-five days after each election, each county auditor shall post the voting
history for each individual who voted in the election. After the close of the 2010 calendar year,
the secretary of state shall determine if any individual has not voted during the preceding four
years and shall change the status of each such individual to "inactive" in the central voter file.
The secretary of state shall prepare a report to each county auditor which contains the name of
each individual who has been designated as "inactive" in the central voter file. Although not
counted in an election, a late absentee ballot from an individual may not be used to designate an
individual as "inactive" in the central voter file. 16.1-02-11. Secretary of state to adopt rules for the purpose of maintaining the central voter file. The secretary of state shall adopt rules and procedures according to subsection 3 of section 16.1-01-01 for the purpose of implementing this chapter and for updating
and maintaining the central voter file. The rules must: 1. Provide for the establishment and maintenance of a central voter file. 2. Provide for the generation and assignment of a unique identifier to each individual
contained in the central voter file. 3. Provide procedures for entering data into the central voter file. Page No. 3 4. Provide for any additional information to be requested of and obtained from an
individual which is to be maintained in the central voter file, not already provided by
law, but necessary for the proper administration of the central voter file. 5. Provide for the exchange of records maintained by the appropriate state and county
agencies and officials for receiving regular reports regarding individuals and records
of individuals contained in the central voter file. 6. Allow each county auditor and the secretary of state to add, modify, and delete
information from the central voter file to ensure accurate and up-to-date records. 7. Allow each county auditor and the secretary of state to have access to the central
voter file for review, search, and inquiry capabilities. 8. Provide security and protection of all information contained in the central voter file
and to ensure that unauthorized access and entry is prohibited. 9. Provide a system for each county to identify the precinct to which an individual
should be assigned for voting purposes. 16.1-02-12. Information contained and maintained in the central voter file. The central voter file must contain the following information for each individual included in the file: 1. The complete legal name of the individual. 2. The complete residential address of the individual. 3. The complete mailing address of the individual, if different from the individual's
residential address. 4. The unique identifier generated and assigned to the individual. 5. A designation showing whether the individual's ability to vote in a precinct has been
inactivated as a result of death or because the individual is no longer a resident of
the precinct according to section 16.1-01-04. 6. The county, legislative district, city or township, school district, county commissioner
district, if applicable, precinct name, and precinct number in which the individual
resides. 7. Beginning in 2008, four years of an individual's voting history, if applicable. 8. Any other information requested of and obtained from the individual deemed
necessary by the secretary of state for the proper administration of the central voter
file. 16.1-02-13. Information contained in pollbooks generated from the central voter file. The county auditor shall generate a pollbook for each precinct in the county from the central
voter file by the day before an election. With the exception of a record designated "secured
active" and the unique identifier, which are exempt records, the precinct pollbooks are open
records under section 44-04-18. The secretary of state shall prescribe procedures for generating
pollbooks and for transporting the pollbooks to the election judges for use on election day.
Pollbooks generated from the central voter file must contain the following information for each
individual contained therein: 1. The complete legal name of the individual. 2. The complete residential address of the individual. Page No. 4 3. The complete mailing address of the individual, if different from the individual's
residential address. 4. The unique identifier generated and assigned to the individual. 5. The county, legislative district, city or township, school district, county commissioner
district, if applicable, precinct name, and precinct number in which the individual
resides. A ballot-style code identifying this information may be used in place of the
information required by this subsection. 6. Any other information requested of and obtained from the individual deemed
necessary by the secretary of state for the proper administration of the pollbook. 16.1-02-14. Voter lists and reports to be made available for jury management. By February first of each year, the secretary of state shall transmit information from the central voter
file to the state court administrator for the purpose of compiling the master list of jurors under
chapter 27-09. 16.1-02-15. Voter lists and reports may be made available for election-related purposes - Funds received. Except as otherwise provided by law, a voter list or a report generated from the central voter file may be made available to a candidate, political party, or a
political committee for election-related purposes. Any information obtained by a candidate, political party, or political committee for election-related purposes from a list or report generated
from the central voter file may not be sold or distributed for a purpose that is not election-related.
Except for information identified in the central voter file under subsections 1, 2, 3, 5, 6, 7, and 8 of
section 16.1-02-12, which may be made available to a candidate, political party, or political
committee for election-related purposes, information in the central voter file is an exempt record.
An individual's record that is designated as "secured active" is an exempt record and is not
available to any candidate, political party, or political committee for any purpose. Any funds
received by the secretary of state to pay the cost of producing a report or list of voters contained
in the central voter file must be deposited in the secretary of state's general services operating
fund. 16.1-02-16. Violations - Penalties. 1. An individual may not intentionally: a. Remove an individual from the central voter file or change a record of an
individual contained in the central voter file in a manner or for a purpose not
authorized by law; or b. Add a name of an individual to the central voter file or add a record of an
individual contained in the central voter file in a manner or for a purpose not
authorized by law. 2. A deputy, clerk, employee, or other subordinate of a county auditor who has
knowledge or reason to believe that a violation of this chapter has occurred shall
immediately transmit a report of the knowledge or belief to the county auditor, except
if the suspected violation may have been committed by the county auditor, in which
case the report must be immediately transmitted to the state's attorney, together
with any evidence of the violation. A county auditor who has knowledge or reason to
believe that a violation of this chapter has occurred shall immediately transmit a
report of the knowledge or belief to the state's attorney of the county where the
violation is believed to have occurred, together with any evidence of the violation.
The county auditor shall also immediately send a copy of the report to the secretary
of state. 3. An individual who intentionally violates any provision of this chapter is guilty of a
class A misdemeanor, unless a different penalty is specifically provided by law. Page No. 5 Document Outline chapter 16.1-02 central voter file
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