2012 North Dakota Century Code Title 16.1 Elections Chapter 16.1-07 Absent Voters' Ballots and Absentee Voting
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CHAPTER 16.1-07
ABSENT VOTERS' BALLOTS AND ABSENTEE VOTING
16.1-07-01. Absent voter.
Any qualified elector of this state may vote an absent voter's ballot at any general, special,
or primary state election, any county election, or any city or school district election. An elector
who votes by absentee ballot may not vote in person at the same election.
16.1-07-02. Elector may vote before leaving - No voting in person upon return.
Repealed by S.L. 1997, ch. 192, § 5.
16.1-07-03. Preparation and printing of ballots.
Repealed by S.L. 2011, ch. 154, § 19.
16.1-07-04. When ballots furnished proper officials.
The county auditor, or any other officer required by law to prepare any general, special, or
primary state election ballots or any county election ballots, shall prepare, have printed, and
deliver to the county auditor at least forty days before the holding of any general, special, or
primary state election a sufficient number of absent voter ballots for the use of all voters likely to
require such ballots for that election. In city or school elections, the auditor or clerk of the city,
the business manager of the school district, or any other officer required by law to prepare city
or school election ballots shall prepare and have printed and available for distribution to the
public at least forty days before the holding of any city or school election a sufficient number of
absent voter's ballots for the use of all voters likely to require such ballots for that election.
Officers authorized to distribute absent voter's ballots under this chapter shall ensure all ballots
used as absent voter's ballots are secure at all times and accessible only to those persons
under the officer's supervision for distribution. If an election official personally distributes and
collects an absent voter's ballot outside the election official's office, appointed election judges
from an election board shall accompany the election official along with the ballot to and from the
voter's location and be present while the voter is marking the ballot.
16.1-07-05. Time for applying for ballot - Emergency situations - Sufficient time for
application and ballot return.
1. At any time in an election year, any qualified elector may apply to the county auditor,
the auditor or clerk of the city, or the business manager of the school district, as the
case may be, by personal delivery, facsimile, electronic mail or otherwise, for an official
ballot to be voted at that election. A voter may obtain an application form approved by
the secretary of state, for an absent voter's ballot for a general, special, primary,
county, city, or school election from the secretary of state, a county or city auditor, a
candidate, a political party, or a political committee. The application form must include
a space for the applicant to indicate whether the application is for all statewide
elections in the calendar year or only for the election that is immediately after the date
of the application.
2. No auditor or clerk may issue ballots for absentee voters on the day of the election
except to individuals prevented from voting in person on the day of the election due to
an emergency. An individual requesting an absentee ballot on the day of the election
due to an emergency must do so through an agent as set forth in this chapter. An
agent may represent only one individual. The absentee ballot must be returned to the
county auditor's office by four p.m. on the day of the election.
3. A completed application must be submitted to the appropriate election official in a
timely manner so as to allow the applicant to receive, complete, and mail the absent
voter's ballot before the day of the election.
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16.1-07-06. Application form.
1. Application for an absent voter's ballot must be made on a form, prescribed by the
secretary of state, to be furnished by the proper officer of the county, city, or school
district in which the applicant is an elector, on any form, approved by the secretary of
state, or any blank containing the following information:
a. The applicant's name.
b. The applicant's current or most recent North Dakota residential address.
c. The applicant's mailing address.
d. The applicant's current contact telephone number.
e. The election for which the ballot is being requested.
f. The date of the request.
g. An affirmation that the applicant has resided, or will reside, in the precinct for at
least thirty days next preceding the election.
h. The applicant's signature.
i. A space for the voter to indicate the voter's status as a citizen living outside the
United States, a uniformed service member living away from the voter's North
Dakota residence, or a family member of the uniformed service member living
away from the voter's North Dakota residence.
j. The applicant's birth date and year.
k. The applicant's motor vehicle operator's license or nondriver identification
number, if available.
If the applicant is unable to sign the applicant's name, the applicant shall mark (X) or
use the applicant's signature stamp on the application in the presence of a
disinterested individual. The disinterested individual shall print the name of the
individual marking the X or using the signature stamp below the X or signature stamp
and shall sign the disinterested individual's own name following the printed name
together with the notation "witness to the mark".
2. The application for a qualified elector serving on active duty as a uniformed service
member or a family member who is a qualified elector and stationed at a location other
than that individual's voting residential address must include the following additional
information if the voter desires to vote by facsimile or electronic mail:
a. Facsimile telephone number; or
b. Electronic mail address.
3. The application for a qualified elector living outside the United States must include a
facsimile telephone number or electronic mail address if the voter desires to vote by
facsimile or electronic mail.
16.1-07-07. Delivering application form for ballot.
The officers specified in section 16.1-07-05, upon request, shall mail an application form for
an absent voter's ballot to the voter or may deliver the application form to the voter upon a
personal application made at the officer's office. The officers may also make available or
distribute the applications, prescribed by the secretary of state, to the public without any specific
request being made for the applications.
16.1-07-08. Delivering ballots - Envelopes accompanying - Affidavit on envelope Challenging electors voting by absentee ballot - Inability of elector to sign name.
1. Upon receipt of an application for an official ballot properly filled out and duly signed,
or as soon thereafter as the official ballot for the precinct in which the applicant resides
has been prepared, the county auditor, city auditor, or business manager of the school
district, as the case may be, shall send to the absent voter by mail, at the expense of
the political subdivision conducting the election, one official ballot, or personally deliver
the ballot to the applicant or the applicant's agent, which agent may not, at that time,
be a candidate for any office to be voted upon by the absent voter. The agent shall
sign the agent's name before receiving the ballot and deposit with the auditor or
business manager of the school district, as the case may be, authorization in writing
from the applicant to receive the ballot or according to requirements set forth for
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2.
3.
4.
signature by mark. The auditor or business manager of the school district, as the case
may be, may not provide an absent voter's ballot to a person acting as an agent who
cannot provide a signed, written authorization from an applicant. No person may
receive compensation, including money, goods, or services, for acting as an agent for
an elector, nor may a person act as an agent for more than four electors in any one
election. A voter voting by absentee ballot may not require the political subdivision
providing the ballot to bear the expense of the return postage for an absentee ballot.
If there is more than one ballot to be voted by an elector of the precinct, one of each
kind must be included and a secrecy envelope and a return envelope must be
enclosed with the ballot or ballots. The front of the return envelope must bear the
official title and post-office address of the officer supplying the voter with the ballot and
upon the other side a printed voter's affidavit in substantially the following form:
Precinct ______________________________________________
Name ________________________________________________
Residential Address _____________________________________
City ___________________________ ND Zip Code ____________
Under penalty of possible criminal prosecution for making a false
statement, I swear that I reside at the residential address provided
above, that I have resided in my precinct for at least thirty days
next preceding the election, and this is the only ballot I will cast
in this election.
Applicant's Signature ____________________________________
Date _________________________________________________
If the absent voter is unable to sign the voter's name, the voter shall mark (X) or use
the applicant's signature stamp on the affidavit in the presence of a disinterested
individual. The disinterested individual shall print the name of the individual marking
the X or using the signature stamp below the X or signature stamp and shall sign the
disinterested individual's own name following the printed name together with the
notation "witness to the mark".
Each individual requesting an absent voter's ballot under this chapter must be
provided a set of instructions, prescribed by the secretary of state, sufficient to
describe the process of voting by absent voter's ballot. The voting instructions must
contain a statement informing the individual that the individual is entitled to complete
the absent voter's ballot in secrecy.
Each individual requesting an absent voter's ballot under this chapter who cannot read
the English language or who because of blindness or other disability is unable to mark
the voter's ballot, upon request, may receive the assistance of any individual of the
voter's choice, other than the voter's employer, an officer or agent of the voter's union,
a candidate running in that election, or a relative of a candidate as described in
subsection 2 of section 16.1-05-02, in marking the voter's ballot.
16.1-07-08.1. Procedures for voting with special write-in or federal write-in absentee
ballot.
Repealed by S.L. 2011, ch. 154, § 19.
16.1-07-09. Canvassing of mailed absent voter's ballots received late.
In the case of congressional, state, county, city, or school district elections, if an envelope
postmarked or otherwise officially marked by the United States postal service or other mail
delivery system before the date of election and containing an absent voter's ballot is received by
the officer too late to be forwarded to the proper voting precinct in time to be tabulated, the
ballot must be tallied by the canvassing board of the county, the governing body of the city, or
the school board of the school district, as the case may be, at the time the returns are
canvassed. Any envelope without a postmark or other official marking by the United States
postal service or other mail delivery system or with an illegible postmark or other official marking
and containing an absentee voter's ballot must be received by mail by the proper officer prior to
the meeting of the canvassing board. An absent voter may personally deliver the absent voter's
Page No. 3
ballot to the appropriate officer's office at any time before five p.m. on the day before the
election. Any envelope containing an absent voter's ballot with a postmark or official date stamp
on the day of election or thereafter may not be tallied with the ballots timely submitted for the
election. Before forwarding any ballot to a canvassing board pursuant to this section, the officer
forwarding the ballot shall print the date of receipt on the envelope. Upon receipt, the
canvassing board shall determine that the elector was qualified to vote in that precinct, that the
elector did not previously vote in that precinct on the date of the election, and that the signatures
on the absentee ballot application and the voter's affidavit were signed by the same person
before allowing the ballot to be tallied.
16.1-07-10. Care and custody of ballot.
Upon receipt of an envelope containing the absent voter's ballot, the proper officer
immediately shall attach the application of the absent voter and file the ballot with other
absentee ballots from the same precinct. Before delivering the absentee ballots to the precinct,
the proper officer shall package the ballots in a manner so the ballots are sealed securely. The
package must be endorsed with the name of the proper voting precinct, the name and official
title of the officer, and the words "This package contains an absent voter's ballot and must be
opened only according to the processing provisions of section 16.1-07-12." The officer shall
keep the package safely in the officer's office until it is delivered by the officer as provided in this
chapter.
16.1-07-11. Submitting ballot to inspector of elections.
If the envelope containing the absent voter's ballot is received by the county auditor, auditor
or clerk of the city, or business manager of the school district, as the case may be, prior to that
person's delivery of the sealed package containing the official ballots to the inspector of
elections of the precinct in which such absent voter resides, such ballot, after having been
enclosed with the application in an envelope as required by section 16.1-07-10, must be
enclosed in such package and delivered therewith to the inspector of the precinct. If the official
ballots for the precinct have been delivered to the election inspector at the time of receipt by the
proper officer of the absent voter's ballot, then the officer or the officer's designee shall
personally deliver it to the inspector prior to the close of the polls on election day. Any absent
voter's ballot sent to the wrong precinct by the official whose duty it is to forward such ballots to
the precincts, or any absent voter's ballot received by the inspector from the appropriate officer
too late to be counted at the precinct, must be returned to the official by the election inspector,
and must be tallied by the county canvassing board, the governing body of the city, or the
school board, as the case may be, with other absent voters' ballots received too late to be
counted on election day.
16.1-07-12. Opening ballot - Voting or rejecting - Depositing in ballot box - Preserving.
At any time beginning on the day before election day and the closing of the polls on election
day, the election clerks and board members of the relevant precinct first shall compare the
signature on the application for an absent voter's ballot with the signature on the voter's affidavit
provided for in section 16.1-07-08 to ensure the signatures correspond. If the applicant is then a
duly qualified elector of the precinct and has not voted at the election, they shall open the
absent voter's envelope in a manner as not to destroy the affidavit thereon. They shall take out
the secrecy envelope with the ballot or ballots contained therein without unfolding the same, or
permitting the same to be opened or examined and indicate in the pollbook of the election that
the elector has voted. The election board members not participating in the comparing of
signatures and entering voters into the pollbook shall remove the ballot or ballots from the
secrecy envelope, unfold and initial the same, and deposit in the proper ballot box for tabulation.
The votes from these cast ballots may not be tallied and the tabulation reports may not be
generated until the polls have closed on election day. If the affidavit on the outer envelope of a
returned absentee ballot is found to be insufficient, or that the signatures on the application and
affidavit do not correspond, or that the applicant is not then a duly qualified elector of the
precinct, the vote may not be allowed, but without opening the absent voter's envelope, the
Page No. 4
election inspector or election judge shall mark across the face thereof "rejected as defective" or
"rejected as not an elector", as the case may be. These rejected ballots are then turned over to
the county canvassing board for final determination of eligibility. The subsequent death of an
absentee voter after having voted by absentee ballot does not constitute grounds for rejecting
the ballot.
16.1-07-12.1. Absentee ballot precinct - Election board appointment - Ballot counting.
1. For any primary, general, or special statewide, district, or county election, the board of
county commissioners may create a special precinct, known as an absentee ballot
precinct, for the purpose of counting all absentee ballots cast in an election in that
county. The election board of the absentee ballot precinct must be known as the
absentee ballot counting board. The county auditor shall supply the board with all
necessary election supplies as provided in chapter 16.1-06.
2. If the board of county commissioners chooses to establish an absentee ballot precinct
according to this section, the following provisions apply:
a. The county auditor shall appoint the absentee ballot counting board that consists
of one independent representative to act as the inspector and an equal number of
representatives from each political party represented on an election board in the
county, as set forth in section 16.1-05-01, to act as judges. Each official of the
board shall take the oath required by section 16.1-05-02 and must be
compensated as provided in section 16.1-05-05.
b. The county auditor shall have the absentee ballots delivered to the inspector of
the absentee ballot counting board with the election supplies, or if received later,
then prior to the closing of the polls.
c. The absentee ballot counting board shall occupy a location designated by the
county auditor which must be open to any individual for the purpose of observing
the counting process.
d. The absentee ballots must be opened and handled as required in section
16.1-07-12. The county auditor shall designate a location for the closing,
counting, and canvassing process under chapter 16.1-15, which location must be
open to any person for the purpose of observing. The board shall comply with the
requirements of sections 16.1-15-04 through 16.1-15-12, as applicable.
16.1-07-13. Registration of absent voters' ballots on electronic voting systems.
At polling places using electronic voting systems, absent voters' ballots, if any, must be
entered in secrecy by the two election judges. The absentee electronic voting system ballots
prepared pursuant to this section must be deposited in the ballot boxes and counted as other
ballots. If the electronic voting system in use so provides, the actual electronic voting system
ballot may be used as the absentee ballot.
16.1-07-14. Penalty.
Any person who violates any of the provisions of this chapter is guilty of a class A
misdemeanor.
16.1-07-15. Early voting precinct - Election board appointment - Closing and
canvassing.
1. For any primary, general, or special statewide, district, or county election, the board of
county commissioners may, before the sixtieth day before the day of the election,
create a special precinct, known as an early voting precinct, to facilitate the conduct of
early voting in that county according to chapters 16.1-13 and 16.1-15. At the
determination of the county auditor, more than one voting location may be utilized for
the purposes of operating the early voting precinct. The election board of the early
voting precinct must be known as the early voting precinct election board. The county
auditor shall supply the board with all necessary election supplies as provided in
chapter 16.1-06.
Page No. 5
2.
If the board of county commissioners establishes an early voting precinct according to
this section, the following provisions apply:
a. Early voting must be authorized during the fifteen days immediately before the
day of the election. The county auditor shall designate the business days and
times during which the early voting election precinct will be open and publish
notice of the early voting center locations, dates, and times in the official county
newspaper once each week for three consecutive weeks immediately before the
day of the election.
b. The county auditor shall appoint the early voting precinct election board for each
voting location that consists of one independent representative to act as the
inspector and an equal number of representatives from each political party
represented on an election board in the county, as set out in section 16.1-05-01,
to act as judges. Each official of the board shall take the oath required by section
16.1-05-02 and must be compensated as provided in section 16.1-05-05.
c. The county auditor, with the consent of the board of county commissioners, shall
designate each early voting location in a public facility, accessible to the elderly
and the physically disabled as provided in section 16.1-04-02. With respect to
polling places at early voting precincts, "election day" as used in sections
16.1-10-03 and 16.1-10-06.2 includes any time an early voting precinct polling
place is open.
d. At the close of each day of early voting, the inspector, along with a judge from
each political party represented on the board, shall secure all election-related
materials, including:
(1) The pollbooks and access to any electronically maintained pollbooks.
(2) The ballot boxes containing voted ballots.
(3) Any void, spoiled, and unvoted ballots.
e. Ballot boxes containing ballots cast at an early voting location may not be opened
until the day of the election except as may be necessary to clear a ballot jam or to
move voted ballots to a separate locked ballot box in order to make room for
additional ballots.
f. Each early voting location may be closed, as provided in chapter 16.1-15, at the
end of the last day designated for early voting in the county. Results from the
early voting precinct may be counted, canvassed, or released under chapter
16.1-15 as soon as any precinct within the county, city, or legislative district
closes its polls on the day of the election. The county auditor shall designate a
location for the closing, counting, and canvassing process under chapter 16.1-15,
which location must be open to any person for the purpose of observing.
g. The early voting precinct election board shall comply with the requirements of
chapters 16.1-05, 16.1-13, and 16.1-15, as applicable.
16.1-07-16. Secretary of state to provide information regarding absentee voting for
military and overseas voters.
The secretary of state is designated as the official responsible for providing information
regarding absentee voting by military and overseas citizens eligible to vote in the state
according to section 702 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116 Stat. 1666;
42 U.S.C. 1973ff-1]. The secretary of state shall develop and provide uniform procedures for
county auditors to follow when transmitting and receiving applications for absentee ballots to
and from military and overseas voters.
16.1-07-17. Notification of rejected absentee ballots cast by military and overseas
voters.
The secretary of state shall establish a uniform procedure for county auditors to follow when
notifying a military or overseas voter that the voter's absentee ballot was rejected. The
procedure must provide that the notice include the reason why the voter's absentee ballot was
rejected as provided by section 707 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116
Stat. 1666; 42 U.S.C. 1973ff-1].
Page No. 6
16.1-07-18. Definitions.
In sections 16.1-07-18 through 16.1-07-33:
1. "Covered voter" means:
a. A uniformed-service voter whose voting residence is in this state;
b. An overseas voter who, before leaving the United States, was last eligible to vote
in this state and, except for a state residency requirement, otherwise satisfies this
state's voter eligibility requirements;
c. An overseas voter who, before leaving the United States, would have been last
eligible to vote in this state had the voter then been of voting age and, except for
a state residency requirement, otherwise satisfies this state's voter eligibility
requirements; or
d. Any other overseas voter who was born outside the United States and, except for
a state residency requirement, otherwise satisfies this state's voter eligibility
requirements, if:
(1) The last place where a parent or legal guardian of the voter was, or under
this Act would have been, eligible to vote before leaving the United States is
within this state; and
(2) The voter has not previously registered to vote or voted in any other state.
2. "Dependent" means an individual recognized as a dependent by the applicable
uniformed service.
3. "Military-overseas ballot" means:
a. A federal write-in absentee ballot described in the Uniformed and Overseas
Citizens Absentee Voting Act [103, 42 U.S.C. 1973ff-2];
b. A ballot specifically prepared or distributed for use by a covered voter in
accordance with sections 16.1-07-19 through 16.1-07-33; or
c. A ballot cast by a covered voter in accordance with sections 16.1-07-19 through
16.1-07-33.
4. "Overseas voter" means a United States citizen who is outside the United States.
5. "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
6. "Uniformed service" means:
a. Active and reserve components of the army, navy, air force, marine corps, and
coast guard of the United States;
b. The merchant marine, the commissioned corps of the public health service, and
the commissioned corps of the national oceanic and atmospheric administration
of the United States; and
c. The national guard and state militia units.
7. "Uniformed-service voter" means an individual who is qualified to vote and is:
a. A member of the active or reserve components of the army, navy, air force,
marine corps, or coast guard of the United States who is on active duty;
b. A member of the merchant marine, the commissioned corps of the public health
service, or the commissioned corps of the national oceanic and atmospheric
administration of the United States;
c. A member of the national guard or state militia unit who is on activated status; or
d. A spouse or dependent of a member referred to in this subsection.
16.1-07-19. Elections covered.
The voting procedures in sections 16.1-07-18 through 16.1-07-33 apply to:
1. A general, special, or primary election for federal office.
2. A general, special, or primary election for statewide or state legislative office or state
ballot measure.
3. A general, special, or primary election for political subdivision office or political
subdivision ballot measure.
Page No. 7
16.1-07-20. Role of secretary of state.
1. The secretary of state is responsible for implementing sections 16.1-07-18 through
16.1-07-33 and the state's responsibilities under the Uniformed and Overseas Citizens
Absentee Voting Act [42 U.S.C. 1973ff et seq.].
2. The secretary of state shall make available to covered voters information regarding
procedures for casting military-overseas ballots.
3. The secretary of state shall establish an electronic transmission system through which
covered voters may apply for and receive documents and other information under
sections 16.1-07-18 through 16.1-07-33.
4. The secretary of state shall develop standardized absentee-voting materials, including
privacy and transmission envelopes and electronic equivalents, authentication
materials, and voting instructions, to be used with the military-overseas ballot of a
voter authorized to vote in any jurisdiction in this state and, to the extent reasonably
possible, shall do so in coordination with other states.
5. The secretary of state shall prescribe the form and content of a declaration for use by
a covered voter to swear or affirm specific representations pertaining to the voter's
identity, eligibility to vote, status as a covered voter, and timely and proper completion
of an overseas-military ballot. The declaration must be based on the declaration
prescribed to accompany a federal write-in absentee ballot under the Uniformed and
Overseas Citizens Absentee Voting Act [103, 42 U.S.C. 1973ff-2], as modified to be
consistent with sections 16.1-07-18 through 16.1-07-33. The secretary of state shall
ensure that a form for the execution of the declaration, including an indication of the
date of execution of the declaration, is a prominent part of all balloting materials for
which the declaration is required.
16.1-07-21. Methods of applying for military-overseas ballot.
1. A covered voter may apply for a military-overseas ballot using either the absentee
ballot application under this chapter or the federal postcard application, as prescribed
under
the Uniformed and Overseas
Citizens Absentee Voting Act
[42 U.S.C. 1973ff (b) (2)] or the application's electronic equivalent if approved under
guidelines established by the secretary of state.
2. The secretary of state shall ensure that the electronic transmission system described
in section 16.1-07-20 is capable of accepting the submission of both a federal postcard
application and any other approved electronic military-overseas ballot application sent
to the appropriate election official. The voter may use the electronic transmission
system or any other method approved under guidelines established by the secretary of
state to apply for a military-overseas ballot.
3. A covered voter may use the declaration accompanying the federal write-in absentee
ballot, as prescribed under the Uniformed and Overseas Citizens Absentee Voting Act
[42 U.S.C. 1973ff-2] as an application for a military-overseas ballot simultaneously with
the submission of the federal write-in absentee ballot, if the declaration is received by
the appropriate election official by midnight on the day before the election.
4. To receive the benefits of sections 16.1-07-18 through 16.1-07-33, a covered voter
must inform the appropriate election official that the voter is a covered voter. Methods
of informing the appropriate election official that a voter is a covered voter include:
a. The use of a federal postcard application or federal write-in absentee ballot;
b. The use of an overseas address on a ballot application; and
c. The inclusion on a ballot application of other information sufficient to identify the
voter as a covered voter.
16.1-07-22. Timeliness and scope of application for military-overseas ballot.
An application for a military-overseas ballot is timely if received by the appropriate election
official before the close of business on the day before the election. An application for a
military-overseas ballot for a primary election, whether or not timely, is effective as an
application for a military-overseas ballot for the general election.
Page No. 8
16.1-07-23. Transmission of unvoted ballots.
1. For all covered elections for which this state has not received a waiver under the
Military and Overseas Voter Empowerment Act [42 U.S.C. 1973ff-1(g)(2)] not later than
forty-five days before the election or, if the forty-fifth day before the election is a
weekend or holiday, not later than the business day preceding the forty-fifth day, the
appropriate election official shall transmit ballots and balloting materials to all covered
voters who by that date submit a valid military-overseas ballot application.
2. A covered voter who requests a ballot and balloting materials be sent to the voter by
electronic transmission may choose facsimile transmission, electronic mail, or other
electronic delivery approved by the secretary of state. The election official charged
with distributing a ballot and balloting materials shall transmit the ballot and balloting
materials to the voter using the means of transmission chosen by the voter.
3. If a ballot application from a covered voter arrives after the election official begins
transmitting ballots and balloting materials to voters, the official shall transmit them to
the voter not later than two business days after the application arrives.
16.1-07-24. Timely casting of ballot.
To be valid, a military-overseas ballot must be submitted for mailing or other authorized
means of delivery not later than 11:59 p.m. on the day before the election at the place where the
voter completes the ballot. A military-overseas ballot must be received by the appropriate
election official before the canvassing board meeting.
16.1-07-25. Federal write-in absentee ballot.
A covered voter may use the federal write-in absentee ballot, in accordance with the
Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff-2], to vote for all
offices and ballot measures in a covered election.
16.1-07-26. Receipt of voted ballot.
1. A valid military-overseas ballot cast in accordance with section 16.1-07-24 must be
counted if it is delivered before the canvassing board meets to canvas the returns.
2. If, at the time of completing a military-overseas ballot and balloting materials, the voter
has affirmed under penalty of perjury under section 16.1-07-27 that the ballot was
timely submitted, the ballot may not be rejected on the basis that it has a late
postmark, an unreadable postmark, or no postmark.
16.1-07-27. Declaration.
Each military-overseas ballot must include or be accompanied by a declaration signed by
the voter declaring that a material misstatement of fact in completing the document may be
grounds for a conviction of perjury under the laws of the United States or this state.
16.1-07-28. Confirmation of receipt of application and voted ballot.
The secretary of state, in coordination with local election officials, shall implement an
electronic free-access system by which a covered voter may determine by telephone, electronic
mail, or internet access whether:
1. The voter's military-overseas ballot application has been received and accepted; and
2. The voter's military-overseas ballot has been received and the current status of the
ballot.
16.1-07-29. Use of voter's electronic mail address.
1. A covered voter who provides an electronic mail address to a local election official may
request that the voter's application for a military-overseas ballot be considered a
standing request for electronic delivery of a ballot for all elections held through
December thirty-first of the year following the calendar year of the date of the
application or another shorter period the voter specifies. An election official shall
provide a military-overseas ballot to a voter who makes a request for each election to
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2.
which the request is applicable. A covered voter entitled to receive a military-overseas
ballot for a primary election under this subsection also is entitled to receive a
military-overseas ballot for the general election.
An electronic mail address provided by a covered voter is a confidential record. An
election official may use the address only to communicate with the voter about the
voting process, including transmitting military-overseas ballots and election materials if
the voter has requested electronic transmission, and verifying the voter's mailing
address and physical location, as needed.
16.1-07-30. Publication of election notice.
1. Not later than one hundred days before a regularly scheduled election to which
sections 16.1-07-18 through 16.1-07-33 apply, and as soon as practicable in the case
of a special election, the secretary of state and each local election official charged with
printing and distributing ballots and balloting materials for that election shall prepare an
election notice, to be used in conjunction with the federal write-in absentee ballot
described in section 16.1-07-25. The election notice must contain a list of all of the
ballot measures and federal, state, and local offices that as of that date the secretary
of state and the local election official expect to be on the ballot on the date of the
election. The notice also must contain specific instructions for how a voter is to indicate
on the federal write-in absentee ballot the voter's choice for each office to be filled and
for each ballot measure to be contested.
2. A covered voter may request a copy of an election notice. The officials charged with
preparing the election notice shall send the notice to the voter by facsimile, electronic
mail, or regular mail, as the voter requests if the voter is not able to obtain that same
notice from the secretary of state's website.
3. At least fifty-five days before an election, the officials charged with preparing the
election notice shall update the notice with the certified candidates for each office and
ballot measure questions and make the updated notice publicly available.
4. A local election official who maintains an internet website shall make updated versions
of its election notices regularly available on the website.
16.1-07-31. Prohibition of nonessential requirements.
1. If a voter's mistake or omission in the completion of a document under sections
16.1-07-18 through 16.1-07-33 does not prevent determining whether a covered voter
is eligible to vote, the mistake or omission does not invalidate the document. Failure to
satisfy a nonessential requirement, such as using paper or envelopes of a specified
size or weight, does not invalidate a document submitted under this chapter. In any
write-in ballot authorized by law, if the intention of the voter is discernable, as provided
under the Help America Vote Act [42 U.S.C. 15481(a)(6)], an abbreviation, misspelling,
or other minor variation in the form of the name of a candidate or a political party must
be accepted as a valid vote.
2. Notarization is not required for the execution of a document under sections 16.1-07-18
through 16.1-07-33. An authentication, other than the declaration specified in section
16.1-07-27 or the declaration on the federal postcard application and federal write-in
absentee ballot, is not required for execution of a document under sections 16.1-07-18
through 16.1-07-33. The declaration and any information in the declaration may be
compared against information on file to ascertain the validity of the document.
16.1-07-32. Issuance of injunction or other equitable relief.
A court may issue an injunction or grant other equitable relief appropriate to ensure
substantial compliance with, or enforce, sections 16.1-07-18 through 16.1-07-33 on application
by:
1. A covered voter alleging a grievance under sections 16.1-07-18 through 16.1-07-33; or
2. An election official in this state.
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16.1-07-33. Relation to Electronic Signatures in Global and National Commerce Act.
Sections 16.1-07-18 through 16.1-07-33 modify, limit, and supersede the Electronic
Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but do not modify,
limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorized electronic
delivery of any of the notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
Page No. 11
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