| 7 | 3 | | Legislative Assembly |
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| 8 | 4 | | of North Dakota |
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| 9 | 5 | | Introduced by |
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| 10 | 6 | | Representatives Hendrix, D. Ruby |
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| 11 | 7 | | A BILL for an Act to amend and reenact sections 16.1-03-01, 16.1-03-07, 16.1-03-11, |
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| 12 | 8 | | 16.1-03-14, and 16.1-03-22 of the North Dakota Century Code, relating to political |
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| 13 | 9 | | organizations; and to repeal sections 16.1-03-03, 16.1-03-05, 16.1-03-08, and 16.1-03-17 of the |
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| 14 | 10 | | North Dakota Century Code, relating to district parties and district committees. |
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| 15 | 11 | | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: |
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| 16 | 12 | | SECTION 1. AMENDMENT. Section 16.1-03-01 of the North Dakota Century Code is |
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| 17 | 13 | | amended and reenacted as follows: |
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| 18 | 14 | | 16.1-03-01. Party caucus - Time and manner of holding - Caucus call - Notice. |
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| 19 | 15 | | 1.Each legislative district party shall organize in conformance with the state legislative |
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| 20 | 16 | | district boundaries as established by the legislative assembly and as set forth under |
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| 21 | 17 | | chapter 54-03. |
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| 22 | 18 | | 2.On or before May fifteenth following the last preceding general election and after |
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| 23 | 19 | | redistricting of the legislative assembly becomes effective, a party caucus must be |
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| 24 | 20 | | held by every legislative district party. The legislative district party may organize the |
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| 25 | 21 | | caucus by precinct or on an at-large basis for the entire district. |
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| 26 | 22 | | 3.The legislative district chairman of each party shall set the date and time for the party |
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| 27 | 23 | | caucus. If there is not a duly elected district chairman in a legislative district, the state |
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| 28 | 24 | | party executive committee may issue the call for the caucus. The call must contain the |
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| 29 | 25 | | following: |
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| 30 | 26 | | a.Name of party. |
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| 59 | 59 | | f.A statement of the business to be conducted, including participation requirements |
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| 60 | 60 | | established by state party and district bylaws or rules. |
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| 61 | 61 | | g.The name of the district chairman or, if there is not a duly elected district |
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| 62 | 62 | | chairman, the membername and contact information of the state party executive |
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| 63 | 63 | | committee issuing the call. |
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| 64 | 64 | | 4.The district chairman or, if there is not a duly elected district chairman, the state party |
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| 65 | 65 | | executive committee shall provide ten days' published notice in the official newspaper |
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| 66 | 66 | | in circulation in the district. The notices must contain thatthe information set forth |
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| 67 | 67 | | inprovided under subsection 3. |
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| 68 | 68 | | 5.Within thirty days of the effective date of a redistricting of the legislative assembly, the |
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| 69 | 69 | | state committee shall issue a call of a party caucus if: |
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| 70 | 70 | | a.A district does not share any geographical area with the same numbered district |
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| 71 | 71 | | before the most recent redistricting; or |
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| 72 | 72 | | b.A district with new geographic area has a population within the new geographic |
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| 73 | 73 | | area more than twenty - five percent of the district's total population as determined |
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| 74 | 74 | | in the most recent federal decennial census. |
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| 75 | 75 | | SECTION 2. AMENDMENT. Section 16.1-03-07 of the North Dakota Century Code is |
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| 76 | 76 | | amended and reenacted as follows: |
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| 77 | 77 | | 16.1-03-07. Meeting of districtDistrict committee - Organization. |
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| 78 | 78 | | 1.If a legislative district chooses to organize by precinct in every odd-numbered year, the |
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| 79 | 79 | | district committee of each party shall meet within fifteen days after the caucus |
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| 80 | 80 | | provided for in section 16.1-03-01. The day, hour, and site must be set by the existing |
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| 81 | 81 | | district committee chairman. Any incumbent members of the legislative assembly from |
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| 82 | 82 | | the party and any other individual provided for by the district committee's bylaws |
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| 83 | 83 | | constitute the district committee of the party. TheAt each party caucus, the district |
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| 84 | 84 | | committee of a party must be organized to coincide with the geographical boundary |
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| 122 | | - | the bylaws of the district committee. That party's nominees for and members of the |
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| 123 | | - | legislative assembly shall serve as members of the executive committeeshall adopt |
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| 124 | | - | bylaws or rules which may not conflict with bylaws or rules of the state party or this |
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| 125 | | - | chapter. |
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| 126 | | - | 3.If the office of chairman becomes vacant, the vacancy may be filled as provided by the |
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| 127 | | - | district party bylaws. |
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| 128 | | - | 4.The bylaws of the state committee or state party may not include any requirement |
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| 129 | | - | providing directives or procedures for the method of the organization of district |
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| 130 | | - | committees nor may the state committee or state party take any action or impose any |
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| 131 | | - | requirement regarding district party organization unless a district lacks a district |
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| 132 | | - | committee that is able to carry out the responsibilities under this chapter. A state party |
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| 133 | | - | may not take any action that is inconsistent with this chapter. |
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| 134 | | - | 5.After redistricting of the legislative assembly becomes effective, the state party chair |
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| 135 | | - | may appoint a temporary district party organization chair in any newly established |
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| 136 | | - | district or a district that lacks a district committee able to carry out the responsibilities |
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| 137 | | - | of this chapter. The temporary district party organization chair shall organize the |
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| 138 | | - | district political party as closely as possible in conformance with this chapter to assure |
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| 139 | | - | compliance with primary election filing deadlines. |
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| 140 | | - | SECTION 3. AMENDMENT. Section 16.1-03-11 of the North Dakota Century Code is |
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| 141 | | - | amended and reenacted as follows: |
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| 142 | | - | 16.1-03-11. State committee - Meetings - Organization. |
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| 143 | | - | On or before July first of each odd - numbered year, a political party shall organize a state |
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| 144 | | - | committee by electing officers as provided for by its bylaws or rules. The state committee shall |
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| 145 | | - | meet on or before July first of each odd-numbered year. The committee shall organize by |
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| 146 | | - | selecting officers as provided for byparty consists of the chairman of district committees of the |
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| 147 | | - | party and any individual provided for under the state committeeparty bylaws and by adopting |
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| 148 | | - | Page No. 3 25.0969.02001 |
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| 90 | + | Page No. 2 25.0969.02000 |
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| 123 | + | the bylaws of the district committee. That party's nominees for and members of the |
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| 124 | + | legislative assembly shall serve as members of the executive committeeshall adopt |
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| 125 | + | bylaws or rules which may not conflict with bylaws or rules of the state party or this |
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| 126 | + | chapter. |
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| 127 | + | 3.If the office of chairman becomes vacant, the vacancy may be filled as provided by the |
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| 128 | + | district party bylaws. |
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| 129 | + | 4.The bylaws of the state committee or state party may not include any requirement |
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| 130 | + | providing directives or procedures for the method of the organization of district |
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| 131 | + | committees nor may the state committee or state party take any action or impose any |
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| 132 | + | requirement regarding district party organization unless a district lacks a district |
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| 133 | + | committee that is able to carry out the responsibilities under this chapter. A state party |
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| 134 | + | may not take any action that is inconsistent with this chapter. |
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| 135 | + | 5.After redistricting of the legislative assembly becomes effective, the state party chair |
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| 136 | + | may appoint a temporary district party organization chair in any newly established |
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| 137 | + | district or a district that lacks a district committee able to carry out the responsibilities |
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| 138 | + | of this chapter. The temporary district party organization chair shall organize the |
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| 139 | + | district political party as closely as possible in conformance with this chapter to assure |
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| 140 | + | compliance with primary election filing deadlines. |
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| 141 | + | SECTION 3. AMENDMENT. Section 16.1-03-11 of the North Dakota Century Code is |
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| 142 | + | amended and reenacted as follows: |
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| 143 | + | 16.1-03-11. State committee - Meetings - Organization. |
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| 144 | + | On or before July first of each odd - numbered year, a political party shall organize a state |
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| 145 | + | committee by electing officers as provided for by its bylaws or rules. The state committee shall |
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| 146 | + | meet on or before July first of each odd-numbered year. The committee shall organize by |
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| 147 | + | selecting officers as provided for byparty consists of the chairman of district committees of the |
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| 148 | + | party and any individual provided for under the state committeeparty bylaws and by adopting |
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| 186 | | - | SECTION 4. AMENDMENT. Section 16.1-03-14 of the North Dakota Century Code is |
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| 187 | | - | amended and reenacted as follows: |
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| 188 | | - | 16.1-03-14. State party convention. |
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| 189 | | - | 1.The state party state committeechairman shall set the place and time of the state party |
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| 190 | | - | convention to be held in each general election year. Subject to party rules and bylaws, |
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| 191 | | - | the state party convention may: |
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| 192 | | - | a.Adopt rules to govern a convention held under this section. |
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| 193 | | - | b.Nominate the legal number of elector nominees and alternate elector nominees |
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| 194 | | - | for its party for the offices of presidential electors. The nominees must be |
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| 195 | | - | qualified electors of this state. |
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| 196 | | - | b.c.Elect the required number of delegates and alternates to the national party |
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| 197 | | - | convention. |
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| 198 | | - | c.d.Endorse candidates as provided under subsection 2. |
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| 199 | | - | 2.The candidate or candidates for endorsement or election must be declared endorsed |
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| 200 | | - | or elected under the rules of the party, and the chairman and secretary of the |
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| 201 | | - | convention shall issue certificates of endorsement as provided in section 16.1-11-06 or |
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| 202 | | - | certificates of election. The names of the qualified electors nominated for presidential |
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| 203 | | - | electors the party wishes to place on the general election ballot must be certified by |
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| 204 | | - | the chairman and secretary of the convention to the secretary of state by four p.m. on |
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| 205 | | - | the sixty-fourth day before the general election to be placed upon the general election |
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| 206 | | - | ballot as provided in section 16.1-06-07.1. |
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| 207 | | - | SECTION 5. AMENDMENT. Section 16.1-03-22 of the North Dakota Century Code is |
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| 208 | | - | amended and reenacted as follows: |
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| 209 | | - | 16.1-03-22. Liability of officers and members. |
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| 210 | | - | 1.Officers and executive committee membersof a political party organization are immune |
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| 211 | | - | from civil liability for any act or omission relating to their service or function as an |
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| 212 | | - | Page No. 4 25.0969.02001 |
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| 154 | + | Page No. 3 25.0969.02000 |
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| 187 | + | SECTION 4. AMENDMENT. Section 16.1-03-14 of the North Dakota Century Code is |
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| 188 | + | amended and reenacted as follows: |
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| 189 | + | 16.1-03-14. State party convention. |
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| 190 | + | 1.The state party state committeechairman shall set the place and time of the state party |
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| 191 | + | convention to be held in each general election year. Subject to party rules and bylaws, |
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| 192 | + | the state party convention may: |
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| 193 | + | a.Adopt rules to govern a convention held under this section. |
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| 194 | + | b.Nominate the legal number of elector nominees and alternate elector nominees |
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| 195 | + | for its party for the offices of presidential electors. The nominees must be |
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| 196 | + | qualified electors of this state. |
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| 197 | + | b.c.Elect the required number of delegates and alternates to the national party |
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| 198 | + | convention. |
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| 199 | + | c.d.Endorse candidates as provided under subsection 2. |
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| 200 | + | 2.The candidate or candidates for endorsement or election must be declared endorsed |
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| 201 | + | or elected under the rules of the party, and the chairman and secretary of the |
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| 202 | + | convention shall issue certificates of endorsement as provided in section 16.1-11-06 or |
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| 203 | + | certificates of election. The names of the qualified electors nominated for presidential |
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| 204 | + | electors the party wishes to place on the general election ballot must be certified by |
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| 205 | + | the chairman and secretary of the convention to the secretary of state by four p.m. on |
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| 206 | + | the sixty-fourth day before the general election to be placed upon the general election |
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| 207 | + | ballot as provided in section 16.1-06-07.1. |
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| 208 | + | SECTION 5. AMENDMENT. Section 16.1-03-22 of the North Dakota Century Code is |
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| 209 | + | amended and reenacted as follows: |
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| 210 | + | 16.1-03-22. Liability of officers and members. |
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| 211 | + | 1.Officers and executive committee membersof a political party organization are immune |
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| 212 | + | from civil liability for any act or omission relating to their service or function as an |
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