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