2012 North Dakota Century Code Title 16.1 Elections Chapter 16.1-03 Party Committee Organization
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CHAPTER 16.1-03
PARTY COMMITTEE ORGANIZATION
16.1-03-01. Precinct caucus to elect precinct committeemen - Time and manner of
holding - Caucus call - Notice.
1. On or before May fifteenth following the last preceding general election, a party caucus
must be held by every election precinct at a site within or reasonably close to the
precinct in the manner provided in sections 16.1-03-01 through 16.1-03-03.
2. The legislative district chairman of each party shall issue the call for the precinct
caucus at least twenty days before the time set for holding the caucus and the call
must contain the following:
a. Name of party.
b. Precinct number or name.
c. Date of caucus.
d. Place of caucus.
e. Hours of caucus.
f. A statement of the business to be conducted, including the election of precinct
committeemen and such other persons as may be provided by state law and
party rules.
g. The name of the district chairman issuing the call.
3. The district chairman shall provide ten days' published notice in the official newspaper
in circulation within each precinct in the district. The notices must contain that
information set forth in subsection 2. The district chairman may include the information
required by this section for all precincts in the district in one notice for publishing
purposes.
16.1-03-02. Who may participate in and vote at caucus.
1. Only those persons who are qualified electors pursuant to section 16.1-01-04 may
vote or be elected as committeemen or officers at the precinct caucus.
2. Only those persons who either voted or affiliated with the party at the last general
election or intend to vote or affiliate with the party at the next general election may vote
at the precinct caucus.
3. In case the right of a person to participate at the caucus is challenged, the question of
the person's right to participate must be decided by a vote of the whole caucus. A
person so challenged may not vote on the question of the person's right to participate
in the caucus, and a two-thirds vote of the whole caucus is required to exclude a
person from participation.
4. No person may vote or participate at more than one precinct caucus in any one year.
16.1-03-03. Caucus business and elections - Political parties entitled to elect
committeemen.
1. Each precinct caucus shall elect a chairman, committeemen as provided in subsection
3, and other officers as may be provided by party rules. The caucus may also discuss
party policies, candidates, and any other business as prescribed by party rules.
2. No political organization is entitled to elect a precinct committeeman at its precinct
caucus unless:
a. The organization nominated and had printed on the ballot at the last preceding
general 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, attorney general, or secretary of state; and
b. The candidates provided for in subdivision a received at least five percent of the
total vote cast for presidential electors or for governor, attorney general, or
secretary of state within this state at that election.
3. Each political party in each voting precinct of this state, otherwise qualifying under
subsection 2, is entitled to elect one precinct committeeman for each two hundred fifty
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votes, or fraction thereof, cast for the party's presidential electors, governor, attorney
general, or secretary of state in the precinct in the last general election. Each precinct
is entitled to at least one precinct committeeman for each party which qualifies under
subsection 2. Each precinct committeeman must be an elector of the precinct in which
the committeeman resides and must be elected for a two-year term.
16.1-03-04. Candidates elected at caucus - Tie vote - Canvassing vote.
Repealed by S.L. 1997, ch. 189, § 12.
16.1-03-05. Vacancies in office of precinct committeeman - Filling.
A vacancy in the office of precinct committeeman, which occurs after the organization of the
district committee, must be filled by appointment from the precinct by the district executive
committee of the party. Notice of the appointment must be given to the county auditor.
16.1-03-06. District committee of political party - How constituted.
Repealed by S.L. 1997, ch. 189, § 12.
16.1-03-07. Meeting of district committee - Organization.
1. In every odd-numbered year, the district committee of each party shall meet within
fifteen days after the precinct caucus provided for in section 16.1-03-01. The day, hour,
and site must be set by the existing district committee chairman. The precinct
committeemen of a party, selected as provided by this chapter, with any other persons
provided for by the district committee's bylaws and as the district committee
designates, constitute the district committee of the party. The district committee of a
party must be organized to coincide with the geographical boundary lines of state
legislative districts. Each member of any committee provided for in this chapter must
be a qualified elector and must retain the office the member was elected to until a
successor is chosen. The district committee shall organize by:
a. Selecting a chairman, vice chairman, secretary, and treasurer chosen by the
district committee. The officers selected need not be precinct committeemen;
however, all the officers must be voting members of the district committee.
b. Adopting rules and modes of procedure not in conflict with law.
c. Filling any vacancies in the office of precinct committeeman pursuant to section
16.1-03-05.
d. Selecting an executive committee consisting of five or more persons chosen from
the district committee. The chairman, vice chairman, treasurer, and secretary of
the district committee must be members and the officers of the executive
committee. That party's nominees for and members of the legislative assembly
may also be members of the executive committee.
2. If the office of chairman becomes vacant, the vice chairman shall hold the office until
the next regular election for the office or until a new chairman is selected by the district
committee for the balance of the term, whichever occurs first.
16.1-03-08. State committee - Membership.
The state committee of each party consists of the chairman of each of the district
committees of the party and any person provided for in the bylaws of the state committee.
16.1-03-09. Proxies permissible - Exception.
Repealed by S.L. 1997, ch. 189, § 12.
16.1-03-10. Member of committee to be qualified elector - Term of member.
Repealed by S.L. 1997, ch. 189, § 12.
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16.1-03-11. State committee - Meetings - Organization - Vacancies.
The state committee shall meet on or before July first of each odd-numbered year. The
committee shall organize by selecting a chairman, vice chairman, secretary, and treasurer and
by adopting rules and modes of procedure. The party's bylaws must be filed with the secretary
of state. The officers elected need not be members of the committee, but they shall become
voting members of the committee after their election. Within thirty days following the state
committee's organization, the newly elected chairman shall notify the secretary of state of the
names of the party officers selected. These officers, with any other persons provided for by the
party's bylaws and as the state committee designates, constitute the executive committee of the
state committee. If the office of chairman becomes vacant, the vice chairman holds the office
until the next regular election for the office or until a new chairman is selected by the state
committee for the balance of the term, whichever occurs first. A vacancy in an office of the state
committee, other than chairman and a party district chairman, must be filled upon a majority
vote of the state committee. The chairman of the state committee may temporarily fill any
vacancy existing on the state committee until the state committee convenes to fill the vacancy.
The secretary of state must be notified of any changes in membership of the state's committee
officers.
16.1-03-12. Meeting of district committee to elect delegates to state party convention Optional precinct caucus - Proxies.
Prior to the sixtieth day before the primary election in each election year and upon the call
of the chairman, the district committee of each state legislative district shall meet at a place
designated by the chairman to elect delegates to a state party convention to be held as provided
in this chapter. If the bylaws of the state legislative district so provide, precinct committeemen
may call a precinct caucus prior to the district meeting to elect additional delegates to attend the
district meeting. Delegates to the state convention must be elected as provided by the state
party's bylaws. Delegates to the state convention must be electors of their district.
16.1-03-13. When state party convention held.
Repealed by S.L. 1997, ch. 189, § 12.
16.1-03-14. When state party convention held and duties of state party convention.
The state party conventions must be held in each presidential election year at a place and
time designated by the party state committee. The state party convention provided for in this
chapter shall:
1. Nominate the legal number of candidates for its party for the offices of presidential
electors.
2. Elect the required number of delegates and alternates to the national party convention
as provided by the party's bylaws or national party rules.
3. Conduct other business as shall come before the convention.
The candidate or candidates for endorsement or election must be declared endorsed or elected
pursuant to the rules of the party involved, and the chairman and secretary of the convention
shall issue certificates of endorsement as provided in section 16.1-11-06 or certificates of
election. The names of the candidates nominated for presidential electors with the surname of
the presidential candidate the party wishes to place on the general election ballot must be
certified by the chairman and secretary of the convention to the secretary of state by four p.m.
on the sixtieth day before the general election to be placed upon the general election ballot as
provided in section 16.1-06-07.1.
16.1-03-15. Expenses of delegates to national conventions.
Repealed by S.L. 1987, ch. 247, § 1.
16.1-03-16. Filling vacancy occurring in office of national committeeman or
committeewoman.
Repealed by S.L. 1997, ch. 189, § 12.
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16.1-03-17. Political party reorganization after apportionment.
If apportionment of the legislative assembly becomes effective after the organization of
political parties as provided in this chapter and before the primary or the general election, the
secretary of state shall establish a timetable for the reorganization of the parties as rapidly as
possible before the ensuing election. When the timetable is established, the secretary of state
shall notify all the county auditors of the timetable and of the details of the legislative
apportionment as it affects each county. The secretary of state or county auditor may not require
reorganization of precincts in which boundaries are unchanged after apportionment by the
board of county commissioners or the governing body of the city pursuant to chapter 16.1-04.
Each county auditor shall publish a notice in the official county newspaper containing:
1. A statement that legislative apportionment has occurred.
2. A description and a map of the new legislative districts and the precincts as
established by the governing bodies of the counties and cities in the county, pursuant
to section 16.1-04-01.
3. The date, time, and places of the precinct caucuses and district committee meetings
determined by the secretary of state and the county auditor to be necessary according
to the new districts and precincts established.
The political parties, in the newly established precincts and districts, shall then proceed to
reorganize as closely as possible in conformance with this chapter and in conformance with the
timetable established by the secretary of state.
16.1-03-18. Unfair and corrupt election practices applicable to chapter.
Repealed by S.L. 1997, ch. 189, § 12.
16.1-03-19. Organizations allowed to nominate statewide and legislative candidates.
A political organization may not endorse candidates or have candidates petition for
president, vice president, Congress, statewide office, or legislative office as set forth in chapter
16.1-11, unless the organization:
1. Had printed on the ballot at the last preceding general election the names of a set of
presidential electors pledged to the election of the party's candidate for president and
vice president, a candidate for governor, a candidate for attorney general, or a
candidate for secretary of state and those candidates for presidential electors,
governor, attorney general, or secretary of state received at least five percent of the
total vote cast for presidential electors, the office of governor, attorney general, or
secretary of state within this state at that election; and
2. Organized according to all requirements of this chapter; or
3. Filed a petition with the secretary of state as set forth in section 16.1-11-30.
16.1-03-20. Political parties may conduct presidential preference caucuses.
Repealed by S.L. 2009, ch. 181, § 1.
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