North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1245 Compare Versions

Only one version of the bill is available at this time.

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1	1	25.0652.01000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representatives Hendrix, Kasper, Toman, Henderson, Hoverson, D. Johnston, Heilman,
7	7	Christianson
8	8	Senators Cleary, Magrum, Weston, Cory
9	9	A BILL for an Act to amend and reenact section 16.1-01-12 of the North Dakota Century Code,
10	10	relating to election offenses.
11	11	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12	12	SECTION 1. AMENDMENT. Section 16.1-01-12 of the North Dakota Century Code is
13	13	amended and reenacted as follows:
14	14	16.1-01-12. Election offenses - Penalty.
15	15	1.It is unlawful for an individual, measure committee as described in section
16	16	16.1-08.1-01, or other organization to:
17	17	a.Fraudulently alter another individual's ballot, substitute one ballot for another, or
18	18	otherwise defraud a voter of that voter's vote.
19	19	b.Cause a disturbance, breach the peace, or obstruct a qualified elector or a
20	20	member of the election board on the way to or at a polling place.
21	21	c.Vote more than once in any election.
22	22	d.Knowingly vote in the wrong election precinct or district.
23	23	e.Disobey the lawful command of an election officer as defined in chapter 16.1-05.
24	24	f.Knowingly exclude a qualified elector from voting or knowingly allow an
25	25	unqualified individual to vote.
26	26	g.Knowingly vote when not qualified to do so.
27	27	h.Sign an initiative, referendum, recall, or any other election petition when not
28	28	qualified to do so.
29	29	i.Circulate an initiative, referendum, recall, or any other election petition not in its
30	30	entirety or when unqualified to do so.
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32	32	HOUSE BILL NO. 1245
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57	57	j.Pay or offer to pay any individual, measure committee, or other organization, or
58	58	receive payment or agree to receive payment, on a basis related to the number
59	59	of signatures obtained for circulating an initiative, referendum, or recall petition.
60	60	This subsection does not prohibit the payment of salary and expenses for
61	61	circulation of the petition on a basis not related to the number of signatures
62	62	obtained, as long as the circulators file the intent to remunerate before submitting
63	63	the petitions and, in the case of initiative and referendum petitions, fully disclose
64	64	all contributions received pursuant to chapter 16.1-08.1 to the secretary of state
65	65	upon submission of the petitions. The disclosure of contributions received under
66	66	this section does not affect the requirement to file a pre-election report by
67	67	individuals or organizations soliciting or accepting contributions for the purpose of
68	68	aiding or opposing the circulation or passage of a statewide initiative or
69	69	referendum petition or measure placed upon a statewide ballot by action of the
70	70	legislative assembly under chapter 16.1-08.1. Any signature obtained in violation
71	71	of this subdivision is void and may not be counted.
72	72	k.Willfully fail to perform any duty of an election officer after having accepted the
73	73	responsibility of being an election officer by taking the oath as prescribed in this
74	74	title.
75	75	l.k.Willfully violate any rule adopted by the secretary of state pursuant to this title.
76	76	m.l.Willfully make any false canvass of votes, or make, sign, publish, or deliver any
77	77	false return of an election, knowing the canvass or return to be false; or willfully
78	78	deface, destroy, or conceal any statement or certificate entrusted to the
79	79	individual's or organization's care.
80	80	n.m.Destroy ballots, ballot boxes, election lists, or other election supplies except as
81	81	provided by law, or negatively impact the confidentiality, integrity, or availability of
82	82	any system used for voting.
83	83	o.n.Sign a name other than that individual's own name to an initiative, referendum,
84	84	recall, or any other election petition.
85	85	p.o.Willfully submit an initiative or referendum petition that contains one or more
86	86	fraudulent signatures.
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119	119	2.a.A violation of subdivisions b, e, f, or h through lk of subsection 1 is a class A
120	120	misdemeanor.
121	121	b.A violation of subdivisions a, c, d, g, or ml of subsection 1 is a class C felony.
122	122	c.A violation of subdivision nm of subsection 1 is a class C felony.
123	123	d.A violation of subdivision on of subsection 1 is a class A misdemeanor if an
124	124	individual signs one or two names other than the individual's own name to a
125	125	petition and is a class C felony if an individual signs more than two names other
126	126	than the individual's own name to a petition.
127	127	e.An organization, as defined in section 12.1-03-04, that violates this section is
128	128	subject to the organizational fines in section 12.1-32-01.1. The court in which the
129	129	conviction is entered shall notify the secretary of state of the conviction and shall
130	130	order the secretary of state to revoke the certificate of authority of any convicted
131	131	organization or limited liability company. The organization may not reapply to the
132	132	secretary of state for authorization to do business under any name for one year
133	133	upon conviction of a class A misdemeanor and for five years upon conviction of a
134	134	class C felony under this section, except an organization operating a signature
135	135	gathering business, or similar enterprise, that violates subdivision po of
136	136	subsection 1, and is convicted of fraud, is subject to a class A misdemeanor and
137	137	may not reapply to the secretary of state for authorization to do business under
138	138	any name for five years following the entry of judgment.
139	139	f.A violation of subdivision po of subsection 1 by any member of a measure
140	140	committee, including an initiative or referendum sponsoring committee or an
141	141	agent acting on behalf of, or in conjunction with, a measure committee for the
142	142	purpose of collecting signatures for a petition under this chapter is subject to a
143	143	civil penalty of not more than three thousand dollars. The civil penalty may be
144	144	recovered in an action brought in the district court of Burleigh County by the
145	145	attorney general.
146	146	g.An individual who is a member of an organization may be convicted of a violation
147	147	as an accomplice under section 12.1-03-01.
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179	179	3.Every act this chapter makes criminal when committed with reference to the election of
180	180	a candidate is equally criminal when committed with reference to the determination of
181	181	a question submitted to qualified electors to be decided by votes cast at an election.
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