North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1165 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	HOUSE BILL NO. 1165
4		-	(Representatives Louser, Rohr, D. Ruby, Satrom, Schauer, Vetter, Lefor)
5		-	(Senators Boehm, Castaneda, Paulson, Roers, Hogue)
6		-	AN ACT to amend and reenact section 4.1 -20-16, subsection 1 of section 4.1-20-18, section
7		-	16.1-01-00.1, subsection 1 of section 16.1-01-09, section 16.1-01-15.1, subsection 3 of section
8		-	16.1-05-01, section 16.1-06-02, subdivision g of subsection 1 of section 16.1-06-04, section
9		-	16.1-07-07, subsection 4 of section 16.1-07-08, section 16.1-07-09, subsection 3 of section
10		-	16.1-07-21, section 16.1-07-24, subsection 2 of section 16.1-07-26, sections 16.1-11-27 and
11		-	16.1-11.1-04, subsection 1 of section 16.1-11.1-07, subsection 3 of section 16.1-12-02.2, and
12		-	subsection 2 of section 16.1-13-05 of the North Dakota Century Code, relating to absentee
	1	+	25.0536.05000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Representatives Louser, Rohr, D. Ruby, Satrom, Schauer, Vetter, Lefor
	7	+	Senators Boehm, Castaneda, Paulson, Roers, Hogue
	8	+	A BILL for an Act to amend and reenact section 4.1-20-16, subsection 1 of section 4.1-20-18,
	9	+	section 16.1-01-00.1, subsection 1 of section 16.1-01-09, section 16.1-01-15.1, subsection 3 of
	10	+	section 16.1-05-01, section 16.1-06-02, subdivision g of subsection 1 of section 16.1-06-04,
	11	+	section 16.1-07-07, subsection 4 of section 16.1-07-08, section 16.1-07-09, subsection 3 of
	12	+	section 16.1-07-21, section 16.1-07-24, subsection 2 of section 16.1-07-26, sections 16.1-11-27
	13	+	and 16.1-11.1-04, subsection 1 of section 16.1-11.1-07, subsection 3 of section 16.1-12-02.2,
	14	+	and subsection 2 of section 16.1-13-05 of the North Dakota Century Code, relating to absentee
13	15		ballots, election practices and administration; and to repeal sections 16.1-07-30 and 40-21-10 of
14	16		the North Dakota Century Code, relating to election notices and municipal voter registration.
15	17		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
16		-	SECTION 1. AMENDMENT. Section 4.1-20-16 of the North Dakota Century Code is ~~amended and~~
17		-	reenacted as follows:
	18	+	SECTION 1. AMENDMENT. Section 4.1-20-16 of the North Dakota Century Code is
	19	+	amended and reenacted as follows:
18	20		4.1-20-16. Nominating petitions - Petitions required - Final filing date.
19		-	1.Any individual running for the office of supervisor shall present to the county auditor of the
20		-	county in which the district lies a petition giving that individual's name and mailing address and
21		-	the title and term of the office, and containing the signatures of not less than twenty-five nor
22		-	more than three hundred qualified electors of the district. When a district lies in more than one
23		-	county, the petition must be filed with the county auditor of the county where the candidate
24		-	resides, and that county auditor shall certify to the county auditors of the other counties in
25		-	which the district lies the name and mailing address of the candidate filing such petition. At the
26		-	same time, the county auditor, or auditors in the case of multicounty districts, also shall certify
27		-	to the secretary of state the name and mailing address of each individual filing a nominating
28		-	petition according to this section.
29		-	2.An individual may not participate directly or indirectly in the nomination for more than one
30		-	individual for each office to be filled. The final filing date for nominating petitions is no later
31		-	than four p.m. sixty-four days before the day of the election.
32		-	3.Upon receipt of the petition or the certification as provided in this section, the county auditor
33		-	shall place, without fee, the name of the candidate so nominated on the no-party ballot at the
34		-	ensuing general election.
35		-	SECTION 2. AMENDMENT. Subsection 1 of section 4.1-20-18 of the North Dakota Century Code is
	21	+	1.Any individual running for the office of supervisor shall present to the county auditor of
	22	+	the county in which the district lies a petition giving that individual's name and mailing
	23	+	address and the title and term of the office, and containing the signatures of not less
	24	+	than twenty-five nor more than three hundred qualified electors of the district. When a
	25	+	district lies in more than one county, the petition must be filed with the county auditor
	26	+	of the county where the candidate resides, and that county auditor shall certify to the
	27	+	county auditors of the other counties in which the district lies the name and mailing
	28	+	address of the candidate filing such petition. At the same time, the county auditor, or
	29	+	auditors in the case of multicounty districts, also shall certify to the secretary of state
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	31	+	ENGROSSED HOUSE BILL NO. 1165
	32	+	FIRST ENGROSSMENT
	33	+	with Senate Amendments
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	57	+	the name and mailing address of each individual filing a nominating petition according
	58	+	to this section.
	59	+	2.An individual may not participate directly or indirectly in the nomination for more than
	60	+	one individual for each office to be filled. The final filing date for nominating petitions is
	61	+	no later than four p.m. sixty-four days before the day of the election.
	62	+	3.Upon receipt of the petition or the certification as provided in this section, the county
	63	+	auditor shall place, without fee, the name of the candidate so nominated on the
	64	+	no-party ballot at the ensuing general election.
	65	+	SECTION 2. AMENDMENT. Subsection 1 of section 4.1-20-18 of the North Dakota Century
	66	+	Code is amended and reenacted as follows:
	67	+	1.At each general election, one district supervisor must be elected for a term of six
	68	+	years, or until the successor is duly elected and qualified, to each expiring or vacant
	69	+	term. The county auditor of the county or counties in which the district lies shall return
	70	+	to the secretary of state before four p.m. on the tenth day following any general
	71	+	election a certified abstract of the votes cast in the county at the election for each
	72	+	candidate for district supervisor. The secretary of state shall canvass the returns and
	73	+	issue certificates of election under chapter 16.1-15. When a district lies in more than
	74	+	one county, the county auditor of the county in which the candidate resides shall issue
	75	+	the certificate of election.
	76	+	SECTION 3. AMENDMENT. Section 16.1-01-00.1 of the North Dakota Century Code is
36	77		amended and reenacted as follows:
37		-	1.At each general election, one district supervisor must be elected for a term of six years, or
38		-	until the successor is duly elected and qualified, to each expiring or vacant term. The county
39		-	auditor of the county or counties in which the district lies shall return to the secretary of state
40		-	before four p.m. on the tenth day following any general election a certified abstract of the
41		-	votes cast in the county at the election for each candidate for district supervisor. The secretary
42		-	of state shall canvass the returns and issue certificates of election under chapter 16.1-15.
43		-	When a district lies in more than one county, the county auditor of the county in which the
44		-	candidate resides shall issue the certificate of election.
45		-	SECTION 3. AMENDMENT. Section 16.1-01-00.1 of the North Dakota Century Code is amended
46		-	and reenacted as follows: H. B. NO. 1165 - PAGE 2
47	78		16.1-01-00.1. Definitions.
48		-	For purposes ofAs used in this title, unless the context otherwise requires, "candidate" means:
	79	+	For purposes ofAs used in this title, unless the context otherwise requires, "candidate"
	80	+	means:
49	81		1."Candidate" means:
50	82		a.An individual holding public office;
51		-	2.b.An individual who publicly has declared that individual's candidacy for nomination for
52		-	election or election to public office or has filed or accepted a nomination for public office;
	83	+	2.b.An individual who publicly has declared that individual's candidacy for nomination
	84	+	for election or election to public office or has filed or accepted a nomination for
	85	+	public office;
53	86		3.c.An individual who has formed a campaign or other committee for that individual's
54	87		candidacy for public office;
55		-	4.d.An individual who has circulated a nominating petition to have that individual's name
56		-	placed on the ballot; and
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	121	+	4.d.An individual who has circulated a nominating petition to have that individual's
	122	+	name placed on the ballot; and
57	123		5.e.An individual who, in any manner, has solicited or received a contribution for that
58		-	individual's candidacy for public office, whether before or after the election for that office.
59		-	2."Complete residential address" means the description of an individual's physical residence,
60		-	which includes a house or unit number, street, city, state, zip code, general delivery, or rural
61		-	route address.
62		-	SECTION 4. AMENDMENT. Subsection 1 of section 16.1-01-09 of the North Dakota Century Code
63		-	is amended and reenacted as follows:
64		-	1.a.A request of the secretary of state for approval of a petition to initiate or refer a measure
65		-	may be presented over the signatures of the sponsoring committee on individual
66		-	signature forms that have been notarized. The secretary of state shall prepare a
67		-	signature form that includes provisions for identification of the measure; the printed
68		-	name, signature, and address of the committee member; and notarization of the
69		-	signature. The filed signature forms must be originals.
70		-	b.Upon receipt of a petition to initiate or refer a measure, the secretary of state shall draft a
71		-	short and concise statement that fairly represents the measure. The statement must be
72		-	submitted to the attorney general for approval or disapproval. An approved statement
73		-	must be affixed to the petition before it is circulated for signatures, must be called the
74		-	"petition title", and must be placed immediately before the full text of the measure.
75		-	c.The secretary of state and the attorney general shall complete their review of a petition in
76		-	not less than five, nor more than seven, business days, excluding Saturdays.
77		-	d.An approved statement must be affixed to the petition by the sponsoring committee. The
78		-	statement must be called the "petition title" and placed immediately before the full text of
79		-	the measure. The petition packet, including the approved statement and affidavits from
80		-	the sponsoring committee members, must be submitted for final review by the secretary
81		-	of state within fifteen business days, excluding Saturdays, before the petition can be
82		-	approved to circulate for the collection of signatures. Petition packets and affidavits not
83		-	received within fifteen business days are considered withdrawn.
84		-	SECTION 5. AMENDMENT. Section 16.1-01-15.1 of the North Dakota Century Code is amended
85		-	and reenacted as follows:
	124	+	individual's candidacy for public office, whether before or after the election for
	125	+	that office.
	126	+	2."Complete residential address" means the description of an individual's physical
	127	+	residence, which includes a house or unit number, street, city, state, zip code, general
	128	+	delivery, or rural route address.
	129	+	SECTION 4. AMENDMENT. Subsection 1 of section 16.1-01-09 of the North Dakota
	130	+	Century Code is amended and reenacted as follows:
	131	+	1.a.A request of the secretary of state for approval of a petition to initiate or refer a
	132	+	measure may be presented over the signatures of the sponsoring committee on
	133	+	individual signature forms that have been notarized. The secretary of state shall
	134	+	prepare a signature form that includes provisions for identification of the
	135	+	measure; the printed name, signature, and address of the committee member;
	136	+	and notarization of the signature. The filed signature forms must be originals.
	137	+	b.Upon receipt of a petition to initiate or refer a measure, the secretary of state
	138	+	shall draft a short and concise statement that fairly represents the measure. The
	139	+	statement must be submitted to the attorney general for approval or disapproval.
	140	+	An approved statement must be affixed to the petition before it is circulated for
	141	+	signatures, must be called the "petition title", and must be placed immediately
	142	+	before the full text of the measure.
	143	+	c.The secretary of state and the attorney general shall complete their review of a
	144	+	petition in not less than five, nor more than seven, business days, excluding
	145	+	Saturdays.
	146	+	d.An approved statement must be affixed to the petition by the sponsoring
	147	+	committee. The statement must be called the "petition title" and placed
	148	+	immediately before the full text of the measure. The petition packet, including the
	149	+	approved statement and affidavits from the sponsoring committee members,
	150	+	must be submitted for final review by the secretary of state within fifteen business
	151	+	days, excluding Saturdays, before the petition can be approved to circulate for
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	185	+	the collection of signatures. Petition packets and affidavits not received within
	186	+	fifteen business days are considered withdrawn.
	187	+	SECTION 5. AMENDMENT. Section 16.1-01-15.1 of the North Dakota Century Code is
	188	+	amended and reenacted as follows:
86	189		16.1-01-15.1. Use of nonpublic funds prohibited - Penalty.
87		-	1.The state and political subdivisions may not solicit, accept, or use any grants or ~~donations~~
88		-	from private persons for elections operations or administration except: ~~H. B. NO. 1165 - PAGE 3~~
	190	+	1.The state and political subdivisions may not solicit, accept, or use any grants or
	191	+	donations from private persons for elections operations or administration except:
89	192		a.The use of privately owned facilities for polling places;
90	193		b.Food for poll workers; and
91		-	c.Other nonmonetary donations that are not used to prepare, process, mark, ~~collect, or~~
92		-	tabulate ballots or votes.
93		-	2.The state or any political subdivision of this state may not use a private entity to ~~administer an~~
94		-	election.
	194	+	c.Other nonmonetary donations that are not used to prepare, process, mark,
	195	+	collect, or tabulate ballots or votes.
	196	+	2.The state or any political subdivision of this state may not use a private entity to
	197	+	administer an election.
95	198		3.An individual who knowingly violates subsection 1 is guilty of a class A misdemeanor.
96		-	SECTION 6. AMENDMENT. Subsection 3 of section 16.1-05-01 of the North Dakota Century Code
97		-	is amended and reenacted as follows:
98		-	3.If at any time before or during an election, it appears to an election inspector, by the affidavit of
99		-	two or more qualified electors of the precinct, or precincts for a multiprecinct polling place,a
100		-	county auditor that any election judge is disqualified under this chapter, the auditor shall order
101		-	the election inspector shallto remove that judge at once and shall fill the vacancy by
102		-	appointing a qualified individual of the same political party as that of the judge removed. If the
103		-	disqualified judge had taken the oath of office as prescribed in this chapter, the inspector shall
104		-	place the oath or affidavit before the state's attorney of the county.
105		-	SECTION 7. AMENDMENT. Section 16.1-06-02 of the North Dakota Century Code is amended and
106		-	reenacted as follows:
	199	+	SECTION 6. AMENDMENT. Subsection 3 of section 16.1-05-01 of the North Dakota
	200	+	Century Code is amended and reenacted as follows:
	201	+	3.If at any time before or during an election, it appears to an election inspector, by the
	202	+	affidavit of two or more qualified electors of the precinct, or precincts for a
	203	+	multiprecinct polling place,a county auditor that any election judge is disqualified under
	204	+	this chapter, the auditor shall order the election inspector shallto remove that judge at
	205	+	once and shall fill the vacancy by appointing a qualified individual of the same political
	206	+	party as that of the judge removed. If the disqualified judge had taken the oath of office
	207	+	as prescribed in this chapter, the inspector shall place the oath or affidavit before the
	208	+	state's attorney of the county.
	209	+	SECTION 7. AMENDMENT. Section 16.1-06-02 of the North Dakota Century Code is
	210	+	amended and reenacted as follows:
107	211		16.1-06-02. Ballots prepared by county auditor or local official - Penalty.
108		-	For a local election, the ballots must be printed and distributed under the direction of the auditor or
109		-	clerk of the local subdivision. For all other elections, the secretary of state shall prescribe a
110		-	ballotsprinting vendor. Ballots must be printed and distributed under the direction of the county auditor,
111		-	subject to the supervision and approval of the secretary of state as to the legal sufficiency of the form,
112		-	style, wording, and contents of the ballots. If an auditor or clerk of a local subdivision, a county auditor,
113		-	or the secretary of state causes or approves the printing of a ballot listing an individual as a candidate
114		-	when the official knows or should know the individual does not meet the qualifications, or has not
115		-	satisfied the requirements to be a candidate, the official is guilty of an infraction.
116		-	SECTION 8. AMENDMENT. Subdivision g of subsection 1 of section 16.1-06-04 of the North
117		-	Dakota Century Code is amended and reenacted as follows:
118		-	g.Provide text boxes at the bottom of the first side of the ballot. The text box at the bottom
119		-	of the first column is to contain the words "Official Ballot, the name of the county, the
120		-	name or number of the precinct, and the date of the election". The text box is to contain
121		-	the words "All ballots, other than those used to vote absentee, must first be initialed by
122		-	appropriate election officials in order to be counted". The text box at the bottom of the
123		-	third column is to contain the word "initials"phrase "election official initials" preceded by a
124		-	blank line where the judge or inspector shall initial the ballot.
125		-	SECTION 9. AMENDMENT. Section 16.1-07-07 of the North Dakota Century Code is amended and
126		-	reenacted as follows:
	212	+	For a local election, the ballots must be printed and distributed under the direction of the
	213	+	auditor or clerk of the local subdivision. For all other elections, the secretary of state shall
	214	+	prescribe a ballotsprinting vendor. Ballots must be printed and distributed under the direction of
	215	+	the county auditor, subject to the supervision and approval of the secretary of state as to the
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	249	+	legal sufficiency of the form, style, wording, and contents of the ballots. If an auditor or clerk of a
	250	+	local subdivision, a county auditor, or the secretary of state causes or approves the printing of a
	251	+	ballot listing an individual as a candidate when the official knows or should know the individual
	252	+	does not meet the qualifications, or has not satisfied the requirements to be a candidate, the
	253	+	official is guilty of an infraction.
	254	+	SECTION 8. AMENDMENT. Subdivision g of subsection 1 of section 16.1-06-04 of the
	255	+	North Dakota Century Code is amended and reenacted as follows:
	256	+	g.Provide text boxes at the bottom of the first side of the ballot. The text box at the
	257	+	bottom of the first column is to contain the words "Official Ballot, the name of the
	258	+	county, the name or number of the precinct, and the date of the election". The
	259	+	text box is to contain the words "All ballots, other than those used to vote
	260	+	absentee, must first be initialed by appropriate election officials in order to be
	261	+	counted". The text box at the bottom of the third column is to contain the word
	262	+	"initials"phrase "election official initials" preceded by a blank line where the judge
	263	+	or inspector shall initial the ballot.
	264	+	SECTION 9. AMENDMENT. Section 16.1-07-07 of the North Dakota Century Code is
	265	+	amended and reenacted as follows:
127	266		16.1-07-07. Delivering application form for ballot.
128		-	The officers specified in section 16.1-07-05, upon request, shall provide an application form for an
129		-	absent voter's ballot to the voter or may deliver the application form to the voter upon a personal
130		-	application made at the officer's office. The officers may also may make available or distribute the
131		-	applications, prescribed by the secretary of state, to the public without any specific request being made
132		-	for the applications. For every primary, general, special statewide, district, or county election, the county
133		-	auditor shall mail the applications in an envelope prescribed by the secretary of state. H. B. NO. 1165 - PAGE 4
134		-	SECTION 10. AMENDMENT. Subsection 4 of section 16.1-07-08 of the North Dakota Century
135		-	Code is amended and reenacted as follows:
136		-	4.For every primary, general, special statewide, district, or county election, the county auditor
137		-	shall use the outgoing, return, and secrecy envelopes prescribed by the secretary of state. If
138		-	there is more than one ballot to be voted by an elector of the precinct and the voting system
139		-	will be unable to tabulate one or more of the ballots, one of each kind must be included and a
140		-	secrecy envelope and a return envelope must be enclosed with the ballot or ballots. The front
141		-	of the return envelope must bear the official title and post-office address of the officer
142		-	supplying the voter with the ballot and upon the other side a printed voter's affidavit in
143		-	substantially the following form:
	267	+	The officers specified in section 16.1-07-05, upon request, shall provide an application form
	268	+	for an absent voter's ballot to the voter or may deliver the application form to the voter upon a
	269	+	personal application made at the officer's office. The officers may also may make available or
	270	+	distribute the applications, prescribed by the secretary of state, to the public without any specific
	271	+	request being made for the applications. For every primary, general, special statewide, district,
	272	+	or county election, the county auditor shall mail the applications in an envelope prescribed by
	273	+	the secretary of state.
	274	+	SECTION 10. AMENDMENT. Subsection 4 of section 16.1-07-08 of the North Dakota
	275	+	Century Code is amended and reenacted as follows:
	276	+	4.For every primary, general, special statewide, district, or county election, the county
	277	+	auditor shall use the outgoing, return, and secrecy envelopes prescribed by the
	278	+	secretary of state. If there is more than one ballot to be voted by an elector of the
	279	+	precinct and the voting system will be unable to tabulate one or more of the ballots,
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	313	+	one of each kind must be included and a secrecy envelope and a return envelope
	314	+	must be enclosed with the ballot or ballots. The front of the return envelope must bear
	315	+	the official title and post-office address of the officer supplying the voter with the ballot
	316	+	and upon the other side a printed voter's affidavit in substantially the following form:
144	317		Precinct ______________________________________________
145	318		Name ________________________________________________
146	319		Residential Address _____________________________________
147	320		City ___________________________ ND Zip Code ____________
148	321		Under penalty of possible criminal prosecution for making a false
149	322		statement, I swear that I reside at the residential address provided
150	323		above, that I have resided in my precinct for at least thirty days
151	324		next preceding the election, and this is the only ballot I will cast
152	325		in this election.
153	326		Applicant's Signature ____________________________________
154	327		Date _________________________________________________
155	328		The signature on this affidavit will be compared to the signature on the
156	329		affidavit included in the application for the absentee ballot.
157	330		SECTION 11. AMENDMENT. Section 16.1-07-09 of the North Dakota Century Code is amended and
158	331		reenacted as follows:
159	332		16.1-07-09. Canvassing of mailed absent voter's ballot received late.
160		-	1.In congressional, state, county, city, or school district elections, if an envelope postmarked or
161		-	otherwise officially marked by the United States postal service or other mail delivery system
162		-	before the date of election and containing an absent voter's ballot must be received by the
163		-	officer before the close of polls on election day. An absent voter's ballot is received by the
164		-	officer after election day, the ballot must be tallied byafter the close of polls on election day
165		-	must be forwarded to the canvassing board of the county, the governing body of the city, or
166		-	the school board of the school district, as the case may be, at the time the returns are
167		-	canvassed. Any envelope without a postmark or other official marking by the United States
168		-	postal service or other mail delivery system or with an illegible postmark or other official
169		-	marking and containing an absentee voter's ballot must be received by mail by the proper
170		-	officer prior to the meeting of the
171		-	2.Before forwarding a ballot to the canvassing board under this section, the officer forwarding
172		-	the ballot shall print the date and time of receipt on the envelope. An absent voter may
173		-	personally deliver the absent voter's ballot to the appropriate officer's office at any time before
174		-	five p.m.the close of polls on the day before the election day. Any envelope containing an
175		-	absent voter's ballot with a postmark or official date stamp onreceived after the day ofclose of
176		-	polls on election or thereafterday may not be tallied with the ballots timely submitted for the
177		-	election. Before forwarding any ballot to a canvassing board pursuant to this section, the
178		-	officer forwarding the ballot shall print the date of receipt on the envelope. Upon receipt, the H. B. NO. 1165 - PAGE 5
179		-	canvassing board shall determine that the elector was qualified to vote in that precinct, that
180		-	the elector did not previously vote in that precinct on the date of the election, and that the
181		-	signatures on the absentee ballot application and the voter's affidavit were signed by the same
182		-	individual before allowing the ballot to be tallied.
183		-	SECTION 12. AMENDMENT. Subsection 3 of section 16.1-07-21 of the North Dakota Century
184		-	Code is amended and reenacted as follows:
185		-	3.A covered voter may use the declaration accompanying the federal write-in absentee ballot, as
186		-	prescribed under the Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C.
187		-	1973ff-2] as an application for a military-overseas ballot simultaneously with the submission of
188		-	the federal write-in absentee ballot, if the declaration is received by the appropriate election
189		-	official by midnight on the day before the close of polls on election day.
190		-	SECTION 13. AMENDMENT. Section 16.1-07-24 of the North Dakota Century Code is amended
191		-	and reenacted as follows:
	333	+	1.In congressional, state, county, city, or school district elections, if an envelope
	334	+	postmarked or otherwise officially marked by the United States postal service or other
	335	+	mail delivery system before the date of election and containing an absent voter's ballot
	336	+	must be received by the officer before the close of polls on election day. An absent
	337	+	voter's ballot is received by the officer after election day, the ballot must be tallied
	338	+	byafter the close of polls on election day must be forwarded to the canvassing board
	339	+	of the county, the governing body of the city, or the school board of the school district,
	340	+	as the case may be, at the time the returns are canvassed. Any envelope without a
	341	+	postmark or other official marking by the United States postal service or other mail
	342	+	delivery system or with an illegible postmark or other official marking and containing
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	375	+	an absentee voter's ballot must be received by mail by the proper officer prior to the
	376	+	meeting of the
	377	+	2.Before forwarding a ballot to the canvassing board under this section, the officer
	378	+	forwarding the ballot shall print the date and time of receipt on the envelope. An
	379	+	absent voter may personally deliver the absent voter's ballot to the appropriate
	380	+	officer's office at any time before five p.m.the close of polls on the day before the
	381	+	election day. Any envelope containing an absent voter's ballot with a postmark or
	382	+	official date stamp onreceived after the day ofclose of polls on election or
	383	+	thereafterday may not be tallied with the ballots timely submitted for the election.
	384	+	Before forwarding any ballot to a canvassing board pursuant to this section, the officer
	385	+	forwarding the ballot shall print the date of receipt on the envelope. Upon receipt, the
	386	+	canvassing board shall determine that the elector was qualified to vote in that precinct,
	387	+	that the elector did not previously vote in that precinct on the date of the election, and
	388	+	that the signatures on the absentee ballot application and the voter's affidavit were
	389	+	signed by the same individual before allowing the ballot to be tallied.
	390	+	SECTION 12. AMENDMENT. Subsection 3 of section 16.1-07-21 of the North Dakota
	391	+	Century Code is amended and reenacted as follows:
	392	+	3.A covered voter may use the declaration accompanying the federal write-in absentee
	393	+	ballot, as prescribed under the Uniformed and Overseas Citizens Absentee Voting Act
	394	+	[42 U.S.C. 1973ff-2] as an application for a military-overseas ballot simultaneously
	395	+	with the submission of the federal write-in absentee ballot, if the declaration is
	396	+	received by the appropriate election official by midnight on the day before the close of
	397	+	polls on election day.
	398	+	SECTION 13. AMENDMENT. Section 16.1-07-24 of the North Dakota Century Code is
	399	+	amended and reenacted as follows:
192	400		16.1-07-24. Timely casting of ballot.
193		-	To be valid, a military-overseas ballot must be submitted for mailing or other authorized means of
194		-	delivery not later than 11:59 p.m. on the day before the close of polls on election day at the place where
195		-	the voter completes the ballot. A military-overseas ballot must be received by the appropriate election
196		-	official before the canvassing board meeting.
197		-	SECTION 14. AMENDMENT. Subsection 2 of section 16.1-07-26 of the North Dakota Century
198		-	Code is amended and reenacted as follows:
199		-	2.If, at the time of completing a military-overseas ballot and balloting materials, the voter has
200		-	affirmed under penalty of perjury under section 16.1-07-27 that the ballot was timely
201		-	submitted, the ballot may not be rejected on the basis that it has a late postmark, an
202		-	unreadable postmark, or no postmarkwas received by the officer after the close of polls on
203		-	election day.
204		-	SECTION 15. AMENDMENT. Section 16.1-11-27 of the North Dakota Century Code is amended
205		-	and reenacted as follows:
	401	+	To be valid, a military-overseas ballot must be submitted for mailing or other authorized
	402	+	means of delivery not later than 11:59 p.m. on the day before the close of polls on election day
	403	+	at the place where the voter completes the ballot. A military-overseas ballot must be received by
	404	+	the appropriate election official before the canvassing board meeting.
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	437	+	SECTION 14. AMENDMENT. Subsection 2 of section 16.1-07-26 of the North Dakota
	438	+	Century Code is amended and reenacted as follows:
	439	+	2.If, at the time of completing a military-overseas ballot and balloting materials, the voter
	440	+	has affirmed under penalty of perjury under section 16.1-07-27 that the ballot was
	441	+	timely submitted, the ballot may not be rejected on the basis that it has a late
	442	+	postmark, an unreadable postmark, or no postmarkwas received by the officer after
	443	+	the close of polls on election day.
	444	+	SECTION 15. AMENDMENT. Section 16.1-11-27 of the North Dakota Century Code is
	445	+	amended and reenacted as follows:
206	446		16.1-11-27. Arrangement of names on ballots.
207		-	Sample ballots used for publication purposes must be arranged using the rotation of the ballot in
208		-	the precinct in the county which cast the highest total vote for governor at the last general election at
209		-	which the office of governor was filled. In the event that this determination is no longer possible due to
210		-	changes in precinct boundaries, the precincts are to beand ordered according to the precincts with the
211		-	greatest voting ageeligible voter population to the least. This information is to be provided by the North
212		-	Dakota state data center or based on the best available data as determined by the county auditor. On
213		-	the official ballot used at the election, including electronic voting system ballots, the names of
214		-	candidates beside or under headings designating each office to be voted for must be alternated in the
215		-	following manner:
216		-	1.The ballot must first be arranged with all the names for each office on the ballot in an order
217		-	determined by lot by the county auditor and prepared by the county auditor for all state,
218		-	district, and county offices. The position of names that require alternating under the provisions
219		-	of this section must be alternated by an algorithm approved by the secretary of state designed
220		-	to ensure to the extent possible that each name on the ballot for an office is listed in each
221		-	position order on an equal number of precinct ballots spread across the county. There must be
222		-	a different alternation sequence for each of the following, based on the geographical area by
223		-	which the office is filled: H. B. NO. 1165 - PAGE 6
224		-	a.Offices to be filled by the electors of the state, the entire county, or any district which
225		-	includes the entire county.
226		-	b.Offices to be filled by the electors of districts smaller than the county, with a different
227		-	rotation for each of those districts.
228		-	2.Although the names are to be alternated within the offices on the ballot, the name order for an
229		-	office is to be the same for all ballots within a precinct.
230		-	SECTION 16. AMENDMENT. Section 16.1-11.1-04 of the North Dakota Century Code is amended
231		-	and reenacted as follows:
	447	+	Sample ballots used for publication purposes must be arranged using the rotation of the
	448	+	ballot in the precinct in the county which cast the highest total vote for governor at the last
	449	+	general election at which the office of governor was filled. In the event that this determination is
	450	+	no longer possible due to changes in precinct boundaries, the precincts are to beand ordered
	451	+	according to the precincts with the greatest voting ageeligible voter population to the least. This
	452	+	information is to be provided by the North Dakota state data center or based on the best
	453	+	available data as determined by the county auditor. On the official ballot used at the election,
	454	+	including electronic voting system ballots, the names of candidates beside or under headings
	455	+	designating each office to be voted for must be alternated in the following manner:
	456	+	1.The ballot must first be arranged with all the names for each office on the ballot in an
	457	+	order determined by lot by the county auditor and prepared by the county auditor for
	458	+	all state, district, and county offices. The position of names that require alternating
	459	+	under the provisions of this section must be alternated by an algorithm approved by
	460	+	the secretary of state designed to ensure to the extent possible that each name on the
	461	+	ballot for an office is listed in each position order on an equal number of precinct
	462	+	ballots spread across the county. There must be a different alternation sequence for
	463	+	each of the following, based on the geographical area by which the office is filled:
	464	+	a.Offices to be filled by the electors of the state, the entire county, or any district
	465	+	which includes the entire county.
	466	+	b.Offices to be filled by the electors of districts smaller than the county, with a
	467	+	different rotation for each of those districts.
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	501	+	2.Although the names are to be alternated within the offices on the ballot, the name
	502	+	order for an office is to be the same for all ballots within a precinct.
	503	+	SECTION 16. AMENDMENT. Section 16.1-11.1-04 of the North Dakota Century Code is
	504	+	amended and reenacted as follows:
232	505		16.1-11.1-04. Voting by electors.
233		-	Upon receipt of a mail ballot, an elector shall mark it, sign the return identification envelope, and
234		-	comply with the instructions provided with the ballot. The elector may return the completed ballot to the
235		-	county auditor by mail or, before five p.m. on the day beforeby the close of polls on election day, to any
236		-	other place of deposit designated by the auditor. The elector may not deliver the completed ballot to an
237		-	election board at a polling location. If the elector returns the ballot by mail, the elector shall provide the
238		-	postage, and the ballot must be postmarked no later than the day beforereceived by the officer by the
239		-	close of polls on election day.
240		-	SECTION 17. AMENDMENT. Subsection 1 of section 16.1-11.1-07 of the North Dakota Century
241		-	Code is amended and reenacted as follows:
242		-	1.The ballot is returned in the return identification envelope with a postmark or official date
243		-	stamp of at least the day beforeby the close of polls on election and received prior to the
244		-	meeting of the canvassing boardday;
245		-	SECTION 18. AMENDMENT. Subsection 3 of section 16.1-12-02.2 of the North Dakota Century
246		-	Code is amended and reenacted as follows:
247		-	3.An individual who intends to be a write-in candidate for any legislative district office shall file a
248		-	certificate of write-in candidacy with the secretary of state. The certificate must contain the
249		-	name, address, and signature of the candidate. Certificates must be filed by four p.m. on the
250		-	fourthtwenty - first day before the election.
251		-	SECTION 19. AMENDMENT. Subsection 2 of section 16.1-13-05 of the North Dakota Century
252		-	Code is amended and reenacted as follows:
253		-	2.The county auditor shall publish a copy of the sample ballot of the general election once each
254		-	week for two consecutive weeks before the election in the official county newspaper. If no
255		-	newspaper is published in the county, the publication must be in a newspaper published in an
256		-	adjoining county in the state. The form of the sample ballot as ordered and arranged by the
257		-	county auditor must conform in all respects to the form prescribed by the secretary of state for
258		-	the sample general election ballot. The county auditor shall publish the sample ballot in all
259		-	forms appropriate for the method or methods of voting in the county. Candidates from each
260		-	legislative district within the boundaries of the county must be listed in a separate box or
261		-	category within the sample ballot by legislative district number to enable the voters in each
262		-	legislative district to ascertain the legislative candidates in their specific district. Sample ballots
263		-	used for publication purposes must be arranged using the rotation of the ballot in the precinct
264		-	in the county that cast the highest total vote for governor at the last general election at which
265		-	the office of governor was filledin accordance with section 16.1 - 11 - 27 . The notice must include
266		-	a statement in substantially the following format:
267		-	The arrangement of candidate names appearing on ballots in your precinct may vary from the
268		-	published sample ballots, depending upon the precinct and legislative district in which you
269		-	reside. H. B. NO. 1165 - PAGE 7
270		-	SECTION 20. REPEAL. Sections 16.1-07-30 and 40-21-10 of the North Dakota Century Code are
271		-	repealed. H. B. NO. 1165 - PAGE 8
272		-	____________________________ ____________________________
273		-	Speaker of the House President of the Senate
274		-	____________________________ ____________________________
275		-	Chief Clerk of the House Secretary of the Senate
276		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
277		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1165.
278		-	House Vote: Yeas 85 Nays 7 Absent 2
279		-	Senate Vote:Yeas 43 Nays 4 Absent 0
280		-	____________________________
281		-	Chief Clerk of the House
282		-	Received by the Governor at ________M. on _____________________________________, 2025.
283		-	Approved at ________M. on __________________________________________________, 2025.
284		-	____________________________
285		-	Governor
286		-	Filed in this office this ___________day of _______________________________________, 2025,
287		-	at ________ o’clock ________M.
288		-	____________________________
289		-	Secretary of State
	506	+	Upon receipt of a mail ballot, an elector shall mark it, sign the return identification envelope,
	507	+	and comply with the instructions provided with the ballot. The elector may return the completed
	508	+	ballot to the county auditor by mail or, before five p.m. on the day beforeby the close of polls on
	509	+	election day, to any other place of deposit designated by the auditor. The elector may not deliver
	510	+	the completed ballot to an election board at a polling location. If the elector returns the ballot by
	511	+	mail, the elector shall provide the postage, and the ballot must be postmarked no later than the
	512	+	day beforereceived by the officer by the close of polls on election day.
	513	+	SECTION 17. AMENDMENT. Subsection 1 of section 16.1-11.1-07 of the North Dakota
	514	+	Century Code is amended and reenacted as follows:
	515	+	1.The ballot is returned in the return identification envelope with a postmark or official
	516	+	date stamp of at least the day beforeby the close of polls on election and received
	517	+	prior to the meeting of the canvassing boardday;
	518	+	SECTION 18. AMENDMENT. Subsection 3 of section 16.1-12-02.2 of the North Dakota
	519	+	Century Code is amended and reenacted as follows:
	520	+	3.An individual who intends to be a write-in candidate for any legislative district office
	521	+	shall file a certificate of write-in candidacy with the secretary of state. The certificate
	522	+	must contain the name, address, and signature of the candidate. Certificates must be
	523	+	filed by four p.m. on the fourthtwenty - first day before the election.
	524	+	SECTION 19. AMENDMENT. Subsection 2 of section 16.1-13-05 of the North Dakota
	525	+	Century Code is amended and reenacted as follows:
	526	+	2.The county auditor shall publish a copy of the sample ballot of the general election
	527	+	once each week for two consecutive weeks before the election in the official county
	528	+	newspaper. If no newspaper is published in the county, the publication must be in a
	529	+	newspaper published in an adjoining county in the state. The form of the sample ballot
	530	+	as ordered and arranged by the county auditor must conform in all respects to the
	531	+	form prescribed by the secretary of state for the sample general election ballot. The
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	563	+	31 Sixty-ninth
	564	+	Legislative Assembly
	565	+	county auditor shall publish the sample ballot in all forms appropriate for the method or
	566	+	methods of voting in the county. Candidates from each legislative district within the
	567	+	boundaries of the county must be listed in a separate box or category within the
	568	+	sample ballot by legislative district number to enable the voters in each legislative
	569	+	district to ascertain the legislative candidates in their specific district. Sample ballots
	570	+	used for publication purposes must be arranged using the rotation of the ballot in the
	571	+	precinct in the county that cast the highest total vote for governor at the last general
	572	+	election at which the office of governor was filledin accordance with section
	573	+	16.1 - 11 - 27 . The notice must include a statement in substantially the following format:
	574	+	The arrangement of candidate names appearing on ballots in your precinct may vary
	575	+	from the published sample ballots, depending upon the precinct and legislative district
	576	+	in which you reside.
	577	+	SECTION 20. REPEAL. Sections 16.1-07-30 and 40-21-10 of the North Dakota Century
	578	+	Code are repealed.
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