| 24 | | - | 2.After completion of the endorsing caucus, the district chairman shall issue sign a |
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| 25 | | - | certificate of endorsement to the endorsed candidate, and the candidate shall file and |
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| 26 | | - | forward the certificate of endorsement as provided under section 16.1 - 11 - 06 to the |
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| 27 | | - | s tate committee of the party making the endorsement . |
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| 28 | | - | 3.Upon receiving the certificate of endorsement, the state party chairman may not sign |
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| 29 | | - | and forward the certificate of endorsement to the secretary of state may not place the |
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| 30 | | - | Page No. 1 25.1144.01003 |
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| 20 | + | 2.After completion of the endorsing caucus, the district chairman shall issue a certificate |
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| 21 | + | of endorsement to the endorsed candidate, and the candidate shall file the certificate |
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| 22 | + | of endorsement as provided under section 16.1 - 11 - 06. |
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| 23 | + | 3.Upon receiving the certificate of endorsement, the secretary of state may not place the |
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| 24 | + | endorsed candidate on the primary election ballot under section 16.1 - 11 - 10 for at least |
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| 25 | + | seven days following the receipt of the certificate. |
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| 26 | + | 4.Any individual claiming the endorsing caucus was not conducted in the manner |
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| 27 | + | prescribed under subsection 1 may file a complaint with the secretary of state within |
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| 28 | + | seven days of the issuance of the certificate of endorsement. Upon receipt of a |
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| 29 | + | complaint, the secretary of state shall review the complaint. If the secretary of state |
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| 30 | + | determines the complaint is without merit, the secretary of state shall dismiss the |
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| 31 | + | Page No. 1 25.1144.01000 |
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| 53 | | - | endorsed candidate for placement on the primary election ballot under section |
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| 54 | | - | 16.1 - 11 - 10 for at least seven days following the receipt of the certificate. |
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| 55 | | - | 4.Any individual claiming the endorsing caucus was not conducted in the manner |
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| 56 | | - | prescribed under subsection 1 may file a complaint with the secretary of state |
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| 57 | | - | within inquiry committee. The indi vidual shall file the complaint within seven days of the |
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| 58 | | - | issuance of the state committee receiving the certificate of endorsement. Upon receipt |
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| 59 | | - | of a complaint, the secretary of state inquiry committee shall review the complaint. If |
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| 60 | | - | the secretary of state inquiry committee determines the complaint is without merit, the |
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| 61 | | - | secretary of state inquiry committee shall dismiss the complaint and the state party |
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| 62 | | - | chairman shall sign the certificate of endorsement. Upon signing the certificate of |
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| 63 | | - | endorsement, the state party chairman shall forward the certificate of endorsement to |
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| 64 | | - | the s ecretary of state to place the endorsed candidate's name in on the primary |
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| 65 | | - | election ballot. |
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| 66 | | - | 5. If the secretary of state inquiry committee reasonably believes the endorsing caucus |
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| 67 | | - | violated the applicable district organization's internal rules, bylaws, or any provision of |
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| 68 | | - | law, the secretary of state inquiry committee shall forward the complaint to the attorney |
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| 69 | | - | general to investigate the complaint and notify the secretary of state of the |
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| 70 | | - | investigation . If the secretary of state forwards inquiry committee investigates the |
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| 71 | | - | complaint to the attorney general , the secretary of state may not place the candidate's |
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| 72 | | - | name on the ballot until the investigation is complete. The attorney general inquiry |
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| 73 | | - | committee shall complete the investigation within seven days of receiving a complaint |
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| 74 | | - | from the secretary of state . |
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| 75 | | - | 5. 6. Upon completing the investigation under subsection 4 5 , the attorney general inquiry |
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| 76 | | - | committee shall issue a written determination outlining the attorney general's findings |
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| 77 | | - | of the investigation . If Follo wing the investigation, if the attorney general inquiry |
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| 78 | | - | c ommittee determines the district organization complied with the internal rules, bylaws, |
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| 79 | | - | or applicable state law relating to the endorsing caucus, the attorney general state |
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| 80 | | - | party chairman shall notify sign the certificate of endorsement and forward the signed |
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| 81 | | - | certificate to the the secretary of state that the certificate of endorsement is valid for |
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| 82 | | - | placement on the primary election ballot . If the attorney general inquiry committee |
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| 83 | | - | determines the district organization failed to comply with the internal rules, bylaws, or |
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| 84 | | - | Page No. 2 25.1144.01003 |
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| 59 | + | complaint and place the endorsed candidate's name in the primary election ballot. If |
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| 60 | + | the secretary of state reasonably believes the endorsing caucus violated the |
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| 61 | + | applicable district organization's internal rules, bylaws, or any provision of law, the |
|---|
| 62 | + | secretary of state shall forward the complaint to the attorney general to investigate the |
|---|
| 63 | + | complaint. If the secretary of state forwards the complaint to the attorney general, the |
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| 64 | + | secretary of state may not place the candidate's name on the ballot until the |
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| 65 | + | investigation is complete. The attorney general shall complete the investigation within |
|---|
| 66 | + | seven days of receiving a complaint from the secretary of state. |
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| 67 | + | 5.Upon completing the investigation under subsection 4, the attorney general shall issue |
|---|
| 68 | + | a written determination outlining the attorney general's findings. If the attorney general |
|---|
| 69 | + | determines the district organization complied with the internal rules, bylaws, or |
|---|
| 70 | + | applicable state law relating to the endorsing caucus, the attorney general shall notify |
|---|
| 71 | + | the secretary of state that the certificate of endorsement is valid. If the attorney |
|---|
| 72 | + | general determines the district organization failed to comply with the internal rules, |
|---|
| 73 | + | bylaws, or applicable state law relating to the endorsing caucus, the attorney general |
|---|
| 74 | + | shall notify the secretary of state the certificate of endorsement is void and the district |
|---|
| 75 | + | caucus must be held at a later date. If the subsequent caucus cannot be held before |
|---|
| 76 | + | any applicable candidate filing deadlines, any candidate seeking placement on a |
|---|
| 77 | + | primary election ballot may circulate a nominating petition as described under section |
|---|
| 78 | + | 16.1 - 11 - 06. If a valid certificate of endorsement issued under this section is not filed |
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| 79 | + | with the secretary of state by four p.m. of the sixty - fourth day before any primary |
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| 80 | + | election, the certificate is void. |
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| 81 | + | SECTION 2. AMENDMENT. Section 16.1-11-06 of the North Dakota Century Code is |
|---|
| 82 | + | amended and reenacted as follows: |
|---|
| 83 | + | 16.1-11-06. State candidate's petition or political party certificate of endorsement |
|---|
| 84 | + | required to get name on ballot - Contents - Filing. |
|---|
| 85 | + | 1.Every candidate for United States senator, United States representative, a state office, |
|---|
| 86 | + | including the office of state senator or state representative, and judges of the supreme |
|---|
| 87 | + | and district courts shall present to the secretary of state, between the first date |
|---|
| 88 | + | candidates may begin circulating nominating petitions according to this chapter and |
|---|
| 89 | + | before four p.m. of the sixty-fourth day before any primary election, either: |
|---|
| 90 | + | Page No. 2 25.1144.01000 |
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| 117 | | - | applicable state law relating to the endorsing caucus, the attorney general inquiry |
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| 118 | | - | committee shall notify the district organization and the secretary of state the certificate |
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| 119 | | - | of endorsement is void and the district organization shall hold the district caucus must |
|---|
| 120 | | - | be held at a later date. |
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| 121 | | - | 7. If the subsequent caucus cannot be held before any applicable candidate filing |
|---|
| 122 | | - | deadlines, any candidate seeking placement on a primary election ballot may circulate |
|---|
| 123 | | - | a nominating petition as described under section 16.1 - 11 - 06. If a valid certificate of |
|---|
| 124 | | - | endorsement issued under this section is not filed with the secretary of state by four |
|---|
| 125 | | - | p.m. of the sixty - fourth day before any primary election, the certificate is void. |
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| 126 | | - | 8. As used in this section, "inquiry committee" means the state committee of the party |
|---|
| 127 | | - | making an endorsement in a legislative race or a committee created under the state |
|---|
| 128 | | - | committee's bylaws to receive and investigate complaints filed under this section. |
|---|
| 129 | | - | SECTION 2. AMENDMENT. Section 16.1-11-06 of the North Dakota Century Code is |
|---|
| 130 | | - | amended and reenacted as follows: |
|---|
| 131 | | - | 16.1-11-06. State candidate's petition or political party certificate of endorsement |
|---|
| 132 | | - | required to get name on ballot - Contents - Filing. |
|---|
| 133 | | - | 1.Every candidate for United States senator, United States representative, a state office, |
|---|
| 134 | | - | including the office of state senator or state representative, and judges of the supreme |
|---|
| 135 | | - | and district courts shall present to the secretary of state, between the first date |
|---|
| 136 | | - | candidates may begin circulating nominating petitions according to this chapter and |
|---|
| 137 | | - | before four p.m. of the sixty-fourth day before any primary election, either: |
|---|
| 138 | | - | a.The certificate of endorsement signed by the state or districtappropriate chairman |
|---|
| 139 | | - | of any legally recognized political party containing the candidate's name, |
|---|
| 140 | | - | post-office address, nongovernment issued electronic mail address, and |
|---|
| 141 | | - | telephone number, the title of the office to which the candidate aspires, and the |
|---|
| 142 | | - | party which the candidate represents; or |
|---|
| 123 | + | a.The certificate of endorsement signed by the state or district chairman of any |
|---|
| 124 | + | legally recognized political party containing the candidate's name, post-office |
|---|
| 125 | + | address, nongovernment issued electronic mail address, and telephone number, |
|---|
| 126 | + | the title of the office to which the candidate aspires, and the party which the |
|---|
| 127 | + | candidate represents; or |
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| 147 | | - | Page No. 3 25.1144.01003 |
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| 132 | + | applicable, and whether the petition is intended for nomination for an |
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| 133 | + | unexpired term of office if applicable. |
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| 134 | + | (2)The name of the party the candidate represents if the petition is for an office |
|---|
| 135 | + | under party designation. |
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| 136 | + | (3)The signatures and printed names of qualified electors, the number of which |
|---|
| 137 | + | must be determined as follows: |
|---|
| 138 | + | (a)If the office is under party designation, the signatures of three percent |
|---|
| 139 | + | of the total vote cast for the candidates of the party with which the |
|---|
| 140 | + | candidate affiliates for the same position at the last general election. |
|---|
| 141 | + | However, no more than three hundred signatures may be required. |
|---|
| 142 | + | (b)If there was no candidate of a party for a position at the preceding |
|---|
| 143 | + | general election, at least three hundred signatures. |
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| 144 | + | (c)If the office is under the no-party designation, at least three hundred |
|---|
| 145 | + | signatures. |
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| 146 | + | (d)If the office is a legislative office, the signatures of at least one percent |
|---|
| 147 | + | of the total resident population of the legislative district as determined |
|---|
| 148 | + | by the most recent federal decennial census. |
|---|
| 149 | + | (4)The mailing address and the date of signing for each signer. |
|---|
| 150 | + | 2.If the petition or certificate of endorsement is for the office of governor and lieutenant |
|---|
| 151 | + | governor, the petition or certificate must contain the names and other information |
|---|
| 152 | + | required of candidates for both offices. |
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| 153 | + | Page No. 3 25.1144.01000 |
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| 179 | | - | applicable, and whether the petition is intended for nomination for an |
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| 180 | | - | unexpired term of office if applicable. |
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| 181 | | - | (2)The name of the party the candidate represents if the petition is for an office |
|---|
| 182 | | - | under party designation. |
|---|
| 183 | | - | (3)The signatures and printed names of qualified electors, the number of which |
|---|
| 184 | | - | must be determined as follows: |
|---|
| 185 | | - | (a)If the office is under party designation, the signatures of three percent |
|---|
| 186 | | - | of the total vote cast for the candidates of the party with which the |
|---|
| 187 | | - | candidate affiliates for the same position at the last general election. |
|---|
| 188 | | - | However, no more than three hundred signatures may be required. |
|---|
| 189 | | - | (b)If there was no candidate of a party for a position at the preceding |
|---|
| 190 | | - | general election, at least three hundred signatures. |
|---|
| 191 | | - | (c)If the office is under the no-party designation, at least three hundred |
|---|
| 192 | | - | signatures. |
|---|
| 193 | | - | (d)If the office is a legislative office, the signatures of at least one percent |
|---|
| 194 | | - | of the total resident population of the legislative district as determined |
|---|
| 195 | | - | by the most recent federal decennial census. |
|---|
| 196 | | - | (4)The mailing address and the date of signing for each signer. |
|---|
| 197 | | - | 2.If the petition or certificate of endorsement is for the office of governor and lieutenant |
|---|
| 198 | | - | governor, the petition or certificate must contain the names and other information |
|---|
| 199 | | - | required of candidates for both offices. |
|---|
| 250 | 197 | | endorsement under this chapter from appearing on the general election or special |
|---|
| 251 | 198 | | election ballot as an independent candidate under section 16.1 - 12 - 02. |
|---|
| 252 | 199 | | SECTION 3. AMENDMENT. Section 16.1-11-10 of the North Dakota Century Code is |
|---|
| 253 | 200 | | amended and reenacted as follows: |
|---|
| 254 | 201 | | 16.1-11-10. Applicant's name placed upon ballot - Affidavit to accompany petition. |
|---|
| 255 | 202 | | UponSubject to section 1 of this Act, upon receipt by the secretary of state of the petition or |
|---|
| 256 | 203 | | certificate of endorsement provided for in section 16.1-11-06 accompanied by the following |
|---|
| 257 | 204 | | affidavit, the secretary of state shall place the applicant's name upon the primary election ballot |
|---|
| 258 | 205 | | in the columns of the applicant's party as provided or within the no-party office for which the |
|---|
| 259 | 206 | | applicant desires nomination. Upon receipt by the county auditor of the petition provided for in |
|---|
| 260 | 207 | | section 16.1-11-11 accompanied by the following affidavit, the county auditor shall place the |
|---|
| 261 | 208 | | applicant's name upon the primary election ballot within the no-party office for which the |
|---|
| 262 | 209 | | applicant desires nomination. The affidavit may be filed electronically, through the mail, or by |
|---|
| 263 | 210 | | personal delivery. However, the affidavit must be in the possession of the appropriate filing |
|---|
| 264 | 211 | | officer before four p.m. on the sixty-fourth day before the primary election. If the affidavit is filed |
|---|
| 265 | 212 | | electronically, the candidate shall retain the original copy. The affidavit must be substantially as |
|---|
| 266 | 213 | | follows: |
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| 267 | 214 | | State of North Dakota) |
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| 268 | 215 | | ) ss. |
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