2012 North Dakota Century Code Title 16.1 Elections Chapter 16.1-12 Certificates of Nomination - Vacancies
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CHAPTER 16.1-12
CERTIFICATES OF NOMINATION - VACANCIES
16.1-12-01. Certificate of nomination - Party and independent.
A certificate of nomination must be either:
1. The certificate of nomination required to be executed by the state or a county
canvassing board pursuant to sections 16.1-15-40 and 16.1-15-21, respectively, for
party nominations.
2. The certificate of nomination by petition for independent nominations provided for by
this chapter.
16.1-12-02. Certificates of nomination by petition - Form and contents.
Certificates of nomination for nominees for an office to be filled at a general or special
election, except for an office appearing on the no-party ballot, may be made as provided by this
section. Except for nominees for president of the United States, names of nominees so
nominated must appear on the ballot as independent nominations. The names of nominees for
president of the United States may appear on the ballot with a designation, not to exceed five
words, that names the organization or political party to which the presidential candidate
affiliates. The designation may not falsely indicate an affiliation with or the support of any
political party organized in accordance with this title or include any substantive word or phrase
that is profane or that is already included in or resembles the name of a political party entitled to
a separate column under section 16.1-11-30. Except for candidates for the office of president of
the United States, each certificate of nomination by petition must meet the specifications for
nominating petitions set forth in section 16.1-11-16. A candidate for the office of the president of
the United States may begin gathering the signatures for the certificate of nomination on the first
day of January of a presidential election year and shall submit the petition to the secretary of
state before four p.m. on the sixtieth day before the general election. The signatures on the
petition must be in the following number:
1. Except as provided in subsection 3, if the nomination is for an office to be filled by the
qualified electors of the entire state, there must be no fewer than one thousand
signatures.
2. If the nomination is for an office to be filled by the qualified electors of a district less
than the entire state, the number of signatures must be at least two percent of the
resident population of the district as determined by the most recent federal decennial
census, but in no case may more than three hundred signatures be required.
3. If the nomination is for the office of president, there must be no fewer than four
thousand signatures.
4. If the petition is for the office of governor or lieutenant governor, it must contain the
names and other required information of candidates for both those offices.
16.1-12-02.1. Applicant's name placed upon ballot - Affidavit to accompany petition.
Upon receipt by the secretary of state of the certificate of nomination provided for in section
16.1-12-02 accompanied by the following affidavit, the secretary of state shall place the
applicant's name upon the general election ballot. 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
__________________, state of North Dakota; that I am a candidate for nomination to the
office of _________________ to be chosen at the general election to be held on
_____________, ____, and I request that my name be printed upon the general election
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.
_______________________________________
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Ballot name requested
Date ______________
_______________________________________
Candidate's signature
Subscribed and sworn to before me on ______________, ______.
_______________________________________
Notary Public
My Commission Expires ____________________
NOTARY SEAL
16.1-12-02.2. Counting of write-in votes - Certificate of candidacy by write-in
candidates.
1. An election board or canvassing board may not count or be required to officially report
any write-in vote for any:
a. Individual who is required to file a certificate of write-in candidacy under this
section but who has not filed a certificate of candidacy and been certified as a
write-in candidate.
b. Fictitious person or individual clearly not eligible to qualify for the office for which
the vote was cast.
c. Statement concerning the candidates.
d. Name written or printed by the voter for an office that did not also include the
darkening of the oval next to the write-in line, except that a write-in candidate for
a nonfederal office may make a timely written demand to a county canvassing
board to identify and preserve any write-in vote cast for the office sought by the
write-in candidate for canvass by the board. The candidate shall deliver the
demand to the county auditor and a copy to the county recorder no later than
thirty-six hours before the time the county canvassing board is scheduled to
meet. A demand only may be made if the unofficial election results maintained by
the county auditor demonstrate that the write-in candidate's known vote total is
within the pertinent percentage limits provided in subsection 1 or 2 of section
16.1-16-01 and a statement to that effect is included in the demand. After delivery
of the ballots as provided by section 16.1-15-08, the canvassing board shall
review the ballots to identify any ballot that contains a write-in vote. The county
canvassing board shall tally and canvass any write-in vote in the same manner as
lawful or qualifying write-in votes if the canvassing board is able to clearly
ascertain the intent of the voter from examining the ballot because the write-in
candidate's name has been written on the ballot opposite the office to be voted
for or because of any other cogent evidence of intent.
e. Write-in votes which constitute five percent or less of the votes cast by the voters
for the candidate receiving the most votes for that office, except in the case of a
primary election in which enough votes were cast as write-in votes to qualify a
name for the general election ballot. This percentage is to be calculated based on
the total number of write-in votes tabulated by the voting equipment in the
precincts of the county in which that office was on the ballot.
f. Write-in votes that do not need to be individually canvassed based on the
requirements of this subsection must be listed on the official canvass report as
"scattered write-ins".
2. An individual who intends to be a write-in candidate for president of the United States
or for statewide or judicial district office at any election shall file a certificate of write-in
candidacy with the secretary of state by four p.m. on the twenty-first day before the
election. The certificate must contain the name and address of the candidate and be
signed by the candidate. Before the thirteenth day before the election, the secretary of
state shall certify the names of the candidates to each county auditor as write-in
candidates.
3. An individual who intends to be a write-in candidate at the general election for
president of the United States shall file a certificate of write-in candidacy with the
secretary of state by four p.m. on the twenty-first day before the general election. The
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certificate must contain the names and addresses of the candidates for presidential
electors for that presidential candidate and a certification of acceptance signed by
each candidate for elector. The candidate shall sign the certificate. The certificate may
also include the name and address of a candidate for vice president of the United
States and a certification of acceptance signed by that candidate. The secretary of
state shall prescribe the form of the certificate of write-in candidacy and the
certification of acceptance. Before the thirteenth day before the election, the secretary
of state shall certify the names of the presidential candidates and the presidential
electors to each county auditor as write-in candidates.
An individual who intends to be a write-in candidate for any legislative district office
shall file a certificate of write-in candidacy with the election officer with whom the
candidate would otherwise file to have the candidate's name placed on the ballot. The
certificate must contain the name, address, and signature of the candidate. Certificates
must be filed by four p.m. on the fourth day before the election. When the candidate
files a certificate, the candidate also shall file the contribution statement provided for
under section 16.1-08.1-02 complete through the day of the filing of the certificate.
A certificate under this section is not required when:
a. No names will appear on the ballot for an office;
b. The number of candidates appearing on the ballot for an office is less than the
number to be elected; or
c. The number of candidates appearing on the ballot for a party office is less than
the number of nominations a party is entitled to make.
An individual required to file a certificate of write-in candidacy may not seek more than
one office appearing on the primary and general election ballots.
16.1-12-02.3. Nominating petition for an independent candidate not to be circulated
more than one hundred fifty days before filing time.
A petition provided for in this chapter may not be circulated or signed more than one
hundred fifty days before the date when any petition must be filed under this chapter. Any
signatures to a petition obtained more than one hundred fifty days before that date may not be
counted.
16.1-12-03. Certificate of nomination to contain only one name - Person to participate
in only one nomination - Exception.
No certificate of nomination provided for by this chapter, except in the case of presidential
electors, may contain the name of more than one nominee for each office to be filled. A person
elected or appointed to an office appearing on the no-party ballot or seeking nomination and
election to a no-party office may also seek nomination to legislative office and may serve in the
legislative assembly, unless the no-party office is the office of district court judge, or a statewide
elective office. Except as may be permitted in this section, no person may participate directly or
indirectly in the nomination of more than one person for each office to be filled on the general
election ballot, except a person may sign a certificate of nomination by petition for more than
one person for each office, and no person may accept a nomination to more than one office on
the general election ballot. No political party is entitled to more than one set of nominees on the
official general election ballot.
16.1-12-04. Certificates of nomination - Time and place of filing.
1. Certificates of nomination for nominees for offices to be filled by the qualified electors
of the entire state must be filed with the secretary of state. Not less than fifty-five days
before any general or special election to fill any statewide office, the secretary of state
shall electronically transmit a certified list to each county auditor the names and
addresses of the persons nominated for statewide office according to this chapter as
shown on the certificates of nomination filed in the secretary of state's office.
2. Certificates of nomination for nominees for county offices and legislative offices must
be filed with the county auditor of the county in which the candidate resides. The
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county auditor shall certify the names and addresses of legislative candidates filing
certificates of nomination according to this chapter to the secretary of state. When a
legislative district is composed of more than one county, the county auditor shall certify
to the county auditors of the other counties comprising the legislative district the
names and addresses of the candidates filing certificates of nomination.
Certificates of nomination must, without regard to the means of delivery, be filed and in
the actual possession of the appropriate officer not later than four p.m. on the sixtieth
day prior to the day of election.
The secretary of state and the county auditors shall keep on file for six months all
certificates of nomination filed with them under this chapter and all certificates of
nomination must be open to public inspection during regular business hours.
16.1-12-05. Secretary of state to certify nominations to county auditor - Duty of
county auditor.
Repealed by S.L. 1997, ch. 200, § 4.
16.1-12-06. Person nominated by more than one party - Column in which name
placed.
When one person has been nominated for the same office by more than one body of
electors qualified to make nominations for public office, the nominee shall file with the proper
officer designated in this chapter, on or before the last day fixed by law for filing certificates of
nomination for the office, a signed statement designating the column on the official ballot in
which the nominee desires the nominee's name to appear. The column so designated must be
the column allotted to one of the bodies of electors by whom the person was nominated. In the
absence of a timely written designation as provided by this section, the appropriate officer shall
place the person's name in the column allotted to the body of electors from which was first
received notice of the person's nomination.
16.1-12-07. If nominee declines - Certificate void.
Any person intending to decline a nomination shall do so by filing written notice of that
intention with the officer with whom the certificate nominating the person is filed. If the written
notice is filed with the appropriate officer at least sixty days, and before four p.m. on the sixtieth
day before the election, the nomination is void. If written notice is mailed, it must be in the
physical possession of the appropriate officer before four p.m. on the sixtieth day before the
election.
16.1-12-08. Vacancy occurring on ballot before election day but after ballots are
printed - Stickers used.
Repealed by S.L. 2001, ch. 203, § 9.
16.1-12-09. Filling vacancy existing on no-party ballot - Petition required - Time of
filing.
Whenever a vacancy exists on a no-party ballot for a state office or for judge of a district
court, such vacancy may be filled by filing with the secretary of state, at least sixty days prior to
the general election and before four p.m. on the sixtieth day, a written petition as provided in
section 16.1-11-06, stating that the petitioner desires to become a candidate for election to the
office for which a vacancy exists. If the petition is mailed, it must be in the physical possession
of the secretary of state before four p.m. on the sixtieth day prior to the general election. The
petition for the nomination of any person to fill such vacancy must be signed by qualified
electors equal in number to at least two percent of the total vote cast for the office of governor in
the state or district, at the most recent general election at which the office of governor was voted
upon, but in no case may more than three hundred signatures be required.
Whenever 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 at least sixty days prior to the general
election and before four p.m. of the sixtieth day a written petition as provided in section
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16.1-11-11, stating that the petitioner desires to become a candidate for election to the office for
which a vacancy exists. If such petition is mailed or otherwise delivered, it must be in the
possession of the county auditor before four p.m. on the sixtieth day prior to the general
election. The petition for the nomination of any person to fill the vacancy must be signed by
qualified electors equal in number to at least thirty percent of the total vote cast for the office of
governor at the most recent general election in the county or district at which the office of
governor was voted upon, but in no case may more than three hundred signatures be required.
A vacancy in the no-party ballot must be deemed to exist when:
1. A candidate nominated at the primary election dies, resigns, or otherwise becomes
disqualified to have the candidate's name printed on the ballot at the general election.
2. No candidates were nominated at the primary election because the office did not yet
exist.
3. The timing of the vacancy in an office makes it impossible to have it placed on the
primary ballot.
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