North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1446 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0267.02003
2		-	Title.03000
3		-	Adopted by the Government and
4		-	Veterans Affairs Committee
	1	+	25.0267.02000
5	2		Sixty-ninth
6		-	February 21, 2025
7	3		Legislative Assembly
8	4		of North Dakota
9	5		Introduced by
10	6		Representatives Nathe, D. Anderson, Berg, Bosch, Longmuir, Nelson, Porter, Swiontek
11	7		Senators Bekkedahl, Dever, Roers, Cleary
12	8		A BILL for an Act to amend and reenact sections 16.1-03-14 and 16.1-03-21, subsection 1 of
13	9		section 16.1-08.1-02.3, subsection 1 of section 16.1-08.1-02.4, and sections 16.1-09-02,
14	10		16.1-11-06, 16.1-11-10, 16.1-11-11, 16.1-11-12, 16.1-11-18, 16.1-11-30, and 16.1-11-39,
15	11		subsection 1 of section 16.1-12-02, and sections 16.1-12-09 and 16.1-13-08.1, of the North
16	12		Dakota Century Code, relating to placing the name of a candidate on the primary election ballot;
17		-	and to repeal sections 16.1-11-05.1 and, 16.1-11-09, and 16.1-11-36 of the North Dakota
18		-	Century Code, relating to party organization endorsements and, certificates of endorsement,
19		-	and the minimum vote required at a primary election for nomination.
	13	+	and to repeal sections 16.1-11-05.1 and 16.1-11-09 of the North Dakota Century Code, relating
	14	+	to party organization endorsements and certificates of endorsement.
20	15		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
21	16		SECTION 1. AMENDMENT. Section 16.1-03-14 of the North Dakota Century Code is
22	17		amended and reenacted as follows:
23	18		16.1-03-14. State party convention.
24	19		1.The party state committee shall set the place and time of the state party convention to
25	20		be held in each general election year. Subject to party rules and bylaws, the state
26	21		party convention may:
27	22		a.Nominate the legal number of elector nominees and alternate elector nominees
28	23		for its party for the offices of presidential electors. The nominees must be
29	24		qualified electors of this state.
30	25		b.Elect the required number of delegates and alternates to the national party
31	26		convention.
32		-	Page No. 1 25.0267.02003
	27	+	c.Endorse candidates as provided under subsection 2.
	28	+	2.The candidate or candidates for endorsement or election must be declared endorsed
	29	+	or elected under the rules of the party, and the chairman and secretary of the
	30	+	convention shall issue certificates of endorsement as provided in section 16.1-11-06 or
	31	+	certificates of election. The names of the qualified electors nominated for presidential
	32	+	Page No. 1 25.0267.02000
33	33		HOUSE BILL NO. 1446
34		-	~~PROPOSED AMENDMENTS TO~~
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56		-	c.Endorse candidates as provided under subsection 2.
57		-	2.The candidate or candidates for endorsement or election must be declared endorsed
58		-	or elected under the rules of the party, and the chairman and secretary of the
59		-	convention shall issue certificates of endorsement as provided in section 16.1-11-06 or
60		-	certificates of election. The names of the qualified electors nominated for presidential
61	60		electors the party wishes to place on the general election ballot must be certified by
62	61		the chairman and secretary of the convention to the secretary of state by four p.m. on
63	62		the sixty-fourth day before the general election to be placed upon the general election
64	63		ballot as provided in section 16.1-06-07.1.
65	64		SECTION 2. AMENDMENT. Section 16.1-03-21 of the North Dakota Century Code is
66	65		amended and reenacted as follows:
67	66		16.1-03-21. Organizations allowed to nominate statewide and legislative candidates.
68	67		A political organization may not endorse candidates or have candidates petition for
69	68		president, vice president, Congress, statewide office, or legislative office as set forth in
70	69		chapter 16.1-11, unless the organization:
71	70		1.Organized according to all requirements of this chapter;
72	71		2.Had printed on the ballot at the last preceding general election the names of a set of
73	72		presidential electors pledged to the election of the party's candidate for president and
74	73		vice president, a candidate for governor, a candidate for attorney general, or a
75	74		candidate for secretary of state and those candidates for presidential electors,
76	75		governor, attorney general, or secretary of state received at least five percent of the
77	76		total vote cast for presidential electors, the office of governor, attorney general, or
78	77		secretary of state within this state at that election and organized according to all
79	78		requirements of this chapter; or
80	79		3.Filed a petition with the secretary of state signed by the number of electors required
81	80		under section 16.1-11-30 to qualify to endorse candidates or to have candidates
82	81		petition to be included on the primary election ballot in a consolidated column or on a
83	82		special election ballot.
84	83		4.A candidate for Congress, statewide office, or legislative office endorsed according to
85	84		a party's bylaws may appear on a primary election ballot only through a nominating
86	85		petition under section 16.1 - 11 - 06.
87		-	Page No. 2 25.0267.02003
	86	+	SECTION 3. AMENDMENT. Subsection 1 of section 16.1-08.1-02.3 of the North Dakota
	87	+	Century Code is amended and reenacted as follows:
	88	+	1.Prior to the thirty-first day before a primary, general, or special election, a candidate or
	89	+	candidate committee formed on behalf of the candidate, a multicandidate political
	90	+	committee, or a political party other than a statewide political party soliciting or
	91	+	Page No. 2 25.0267.02000
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120		-	5. Notwithstanding subsection 4, if a state party entitled to ballot access under
121		-	16.1-11-30 fails to be represented by an individual through a nominating petition for a
122		-	statewide elected office seventy-one days before the primary election, the state party
123		-	may appoint an individual to represent the party for that office under bylaws adopted
124		-	by the state party. Upon appointment, the state party shall issue a notification of
125		-	appointment to the appointee, which must contain the appointee's name, mailing
126		-	address, and telephone number. The appointee shall file the notification of
127		-	appointment with the secretary of state within the time prescribed under section
128		-	16.1-11-10.
129		-	SECTION 3. AMENDMENT. Subsection 1 of section 16.1-08.1-02.3 of the North Dakota
130		-	Century Code is amended and reenacted as follows:
131		-	1.Prior to the thirty-first day before a primary, general, or special election, a candidate or
132		-	candidate committee formed on behalf of the candidate, a multicandidate political
133		-	committee, or a political party other than a statewide political party soliciting or
134	124		accepting contributions shall file a campaign disclosure statement that includes all
135	125		contributions received from January first through the fortieth day before the election. A
136	126		candidate whose name is not on the ballot and who is not seeking election through
137	127		write-in votes, the candidate's candidate committee, and a political party that has not
138	128		endorsed or nominated any candidate in the election is not required to file a statement
139	129		under this subsection. The statement may be submitted for filing beginning on the
140	130		thirty-ninth day before the election. The statement must include:
141	131		a.For each aggregated contribution from a contributor which totals in excess of two
142	132		hundred dollars received during the reporting period:
143	133		(1)The name and mailing address of the contributor;
144	134		(2)The total amount of the contribution; and
145	135		(3)The date the last contributed amount was received;
146	136		b.The total of all aggregated contributions from contributors which total in excess of
147	137		two hundred dollars during the reporting period;
148	138		c.The total of all contributions received from contributors that contributed two
149	139		hundred dollars or less each during the reporting period; and
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182	140		d.For a statewide candidate, a candidate committee formed on behalf of a
183	141		statewide candidate, and a statewide multicandidate committee, the balance of
184	142		the campaign fund on the fortieth day before the election and the balance of the
185	143		campaign fund on January first.
186	144		SECTION 4. AMENDMENT. Subsection 1 of section 16.1-08.1-02.4 of the North Dakota
187	145		Century Code is amended and reenacted as follows:
188	146		1.Prior to the thirty-first day before a primary, general, or special election, a statewide
189	147		political party or a political committee not required to file statements under section
190	148		16.1-08.1-02.3 which is soliciting or accepting contributions shall file a campaign
191	149		disclosure statement that includes all contributions received and expenditures made
192	150		from January first through the fortieth day before the election. A political party that has
193	151		not endorsed or nominated a candidate in an election is not required to file a
194	152		statement under this subsection. A statement required to be filed under this subsection
195	153		may be submitted for filing beginning on the thirty-ninth day before the election. The
196	154		statement must include:
197		-	a.For each aggregated contribution from a contributor which totals in excess of two
198		-	hundred dollars received during the reporting period:
199		-	(1)The name and mailing address of the contributor;
200		-	(2)The total amount of the contribution; and
201		-	(3)The date the last contributed amount was received;
202		-	b.The total of all aggregated contributions from contributors which total in excess of
203		-	two hundred dollars during the reporting period;
204		-	c.The total of all contributions received from contributors that contributed two
205		-	hundred dollars or less each during the reporting period;
206		-	d.For each recipient of an expenditure from campaign funds in excess of two
207		-	hundred dollars in the aggregate:
208		-	(1)The name and mailing address of the recipient;
209		-	(2)The total amount of the expenditure made to the recipient; and
210		-	(3)The date the last expended amount was made to the recipient;
211		-	e.The aggregate total of all expenditures from campaign funds in excess of two
212		-	hundred dollars;
213		-	Page No. 4 25.0267.02003
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245	187		Legislative Assembly
	188	+	a.For each aggregated contribution from a contributor which totals in excess of two
	189	+	hundred dollars received during the reporting period:
	190	+	(1)The name and mailing address of the contributor;
	191	+	(2)The total amount of the contribution; and
	192	+	(3)The date the last contributed amount was received;
	193	+	b.The total of all aggregated contributions from contributors which total in excess of
	194	+	two hundred dollars during the reporting period;
	195	+	c.The total of all contributions received from contributors that contributed two
	196	+	hundred dollars or less each during the reporting period;
	197	+	d.For each recipient of an expenditure from campaign funds in excess of two
	198	+	hundred dollars in the aggregate:
	199	+	(1)The name and mailing address of the recipient;
	200	+	(2)The total amount of the expenditure made to the recipient; and
	201	+	(3)The date the last expended amount was made to the recipient;
	202	+	e.The aggregate total of all expenditures from campaign funds in excess of two
	203	+	hundred dollars;
246	204		f.The aggregate total of all expenditures from campaign funds of two hundred
247	205		dollars or less; and
248	206		g.The balance of the campaign fund on the fortieth day before the election and
249	207		balance of the campaign fund on January first.
250	208		SECTION 5. AMENDMENT. Section 16.1-09-02 of the North Dakota Century Code is
251	209		amended and reenacted as follows:
252	210		16.1-09-02. Statement of interests to be filed.
253	211		1.Every candidate for elective office shall sign and file the statement of interests as
254	212		required by this chapter. In a year when a president and vice president of the United
255	213		States are to be chosen, presidential and vice presidential candidates shall file with
256	214		the secretary of state either a statement of interests as required by this chapter or a
257	215		copy of the personal disclosure statement that is required by the federal election
258	216		commission. Candidates for elective office who are required to file such statements
259	217		shall do so with the filing officer for that election at the time of filing a certificate of
260		-	nomination, a certificate of endorsement, a petition of nomination, or a certificate of
261		-	write-in candidacy, pursuant to chapter 16.1-11, 16.1-12, or 40-21, as is appropriate.
262		-	2.An individual who has filed a statement as the result of candidacy in a primary election
263		-	need not refile before running in the following general election. A write-in candidate
264		-	who is not required to file a certificate of write-in candidacy shall file the statement of
265		-	interests after the candidate's election at the time of filing the required oath of office.
266		-	Every individual who is appointed by the governor to a state agency, board, bureau,
267		-	commission, department, or occupational or professional licensing board shall file a
268		-	statement of interests as required by this chapter with the secretary of state
269		-	simultaneously with announcement of the appointment.
270		-	3.A filing officer may not include a candidate's name on the ballot if an error is
271		-	discovered on the statement and the candidate is unable to or refuses to make the
272		-	necessary correction before the sixty-fourth day before the election.
273		-	SECTION 6. AMENDMENT. Section 16.1-11-06 of the North Dakota Century Code is
274		-	amended and reenacted as follows:
275		-	Page No. 5 25.0267.02003
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306		-	16.1-11-06. State candidate's nominating petition or political party certificate of
307		-	endorsement required to get name on ballot - Contents - Filing.
308		-	1.Every candidate for United States senator, United States representative, a
309		-	statestatewide office, including the office of state senator or state representative, and
310		-	judges of the supreme and district courts shall present a nominating petition to the
311		-	secretary of state, between the first date candidatesa candidate may begin circulating
312		-	a nominating petitions according topetition under this chapter and before four p.m. of
313		-	the sixty-fourth day before any primary election, either:
314		-	a.The certificate of endorsement signed by the state or district chairman of any
315		-	legally recognized political party containing the candidate's name, post-office
316		-	address, nongovernment issued electronic mail address, and telephone number,
317		-	the title of the office to which the candidate aspires, and the party which the
318		-	candidate represents; or
319		-	b.2.The nominating petition containing the followingmust include:
320		-	(1)a.The candidate's name, post-office address, nongovernment issued electronic
321		-	mail address, and telephone number, and the title of the office to which the
322		-	candidate aspires, the appropriate district judgeship number if applicable, and
323		-	whether the petition is intended for nomination for an unexpired term of office if
324		-	applicable.
325		-	(2)b.The name of the party the candidate represents if the petition is for an office
326		-	under party designation.
327		-	(3)c.The signatures and printed names of qualified electors, the number of which
328		-	must be determined as follows:
329		-	(a)(1)If the office is a statewide office under a party or no - party designation, the
330		-	signatures of three percent of the total vote cast for the candidates of the
331		-	party with which the candidate affiliates for the same position at the last
332		-	general election. However, no more than three hundredcandidate must
333		-	collect at least two thousand signatures may be required.
334		-	(b)(2)If there was no candidate of a party for a position at the preceding general
335		-	election, at least three hundred signatures.
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368		-	~~(c)(3)If the office is under the no-party designation but is not~~ a ~~statewide office~~, at
369		-	~~least three hundred signatures~~.
370		-	~~(d)(4)If~~ the ~~office is~~ a ~~legislative office,~~ ~~the signatures of at least one percent of~~
371		-	~~the total resident population of~~ the ~~legislative district as determined by the~~
372		-	~~most recent federal decennial census.~~
373		-	~~(4)d.The mailing address and~~ the ~~date~~ of ~~signing for each signer~~.
374		-	~~2.3.If~~ the ~~nominating petition or certificate of endorsement is for the office of~~ governor ~~and~~
375		-	~~lieutenant governor~~, ~~the nominating petition~~ or ~~certificate must contain the names and~~
376		-	~~other information~~ required of ~~candidates for both offices.~~
377		-	~~3.4.A nominating petition or certificate~~ of ~~endorsement may be filed electronically, through~~
378		-	~~the mail,~~ ~~or by personal delivery.~~ ~~However,~~ the ~~nominating petition or certificate must~~
379		-	~~be complete~~ and in the ~~possession of the secretary of state before four p.m. of the~~
380		-	sixty-fourth day before the ~~primary~~ election.
381		-	SECTION 7. AMENDMENT. Section 16.1-11-10 of the North Dakota Century Code is
	250	+	nomination, a certificate of endorsement, a petition of nomination, or a certificate of
	251	+	write-in candidacy, pursuant to chapter 16.1-11, 16.1-12, or 40-21, as is appropriate.
	252	+	2.An individual who has filed a statement as the result of candidacy in a primary election
	253	+	need not refile before running in the following general election. A write-in candidate
	254	+	who is not required to file a certificate of write-in candidacy shall file the statement of
	255	+	interests after the candidate's election at the time of filing the required oath of office.
	256	+	Every individual who is appointed by the governor to a state agency, board, bureau,
	257	+	commission, department, or occupational or professional licensing board shall file a
	258	+	statement of interests as required by this chapter with the secretary of state
	259	+	simultaneously with announcement of the appointment.
	260	+	3.A filing officer may not include a candidate's name on the ballot if an error is
	261	+	discovered on the statement and the candidate is unable to or refuses to make the
	262	+	necessary correction before the sixty-fourth day before the election.
	263	+	SECTION 6. AMENDMENT. Section 16.1-11-06 of the North Dakota Century Code is
382	264		amended and reenacted as follows:
383		-	16.1-11-10. ~~Applicant~~'s ~~name placed upon ballot - Affidavit to accompany~~ petition.
384		-	~~1.Upon receipt by the secretary of state of the petition or certificate of~~ endorsement
385		-	~~provided~~ for ~~inunder section 16.1-11-06~~, or a ~~notification of appointment under section~~
386		-	~~16.1-03-21~~, ~~accompanied by~~ the ~~following affidavit, the secretary~~ of state ~~shall place~~
387		-	~~the applicant's name upon the primary election ballot in the columns~~ of the ~~applicant's~~
388		-	~~party as provided or within~~ the ~~no-party office for which the applicant desires~~
389		-	~~nomination~~.
390		-	~~2.Upon receipt by~~ the ~~county auditor of the petition provided for in section 16.1-11-11~~
391		-	~~accompanied~~ by the ~~following affidavit,~~ ~~the county auditor shall place the applicant's~~
392		-	~~name upon~~ the ~~primary election ballot within the no-party~~ office ~~for which the applicant~~
393		-	~~desires nomination. The affidavit may be filed electronically~~, ~~through the~~ mail, ~~or by~~
394		-	~~personal delivery. However,~~ the ~~affidavit must be in the possession~~ of the ~~appropriate~~
395		-	~~filing officer before four p.m. on the sixty-fourth day before the primary election. If the~~
396		-	~~affidavit is filed electronically,~~ the ~~candidate shall retain the original copy.~~
397		-	3.The ~~affidavit must be substantially as follows:~~
398		-	~~State~~ of ~~North Dakota)~~
399		-	Page No. 7 25.0267.~~02003~~
	265	+	16.1-11-06. State candidate's nominating petition or political party certificate of
	266	+	endorsement required to get name on ballot - Contents - Filing.
	267	+	1.Every candidate for United States senator, United States representative, a
	268	+	statestatewide office, including the office of state senator or state representative, and
	269	+	judges of the supreme and district courts shall present a nominating petition to the
	270	+	secretary of state, between the first date candidatesa candidate may begin circulating
	271	+	a nominating petitions according topetition under this chapter and before four p.m. of
	272	+	the sixty-fourth day before any primary election, either:
	273	+	a.The certificate of endorsement signed by the state or district chairman of any
	274	+	legally recognized political party containing the candidate's name, post-office
	275	+	address, nongovernment issued electronic mail address, and telephone number,
	276	+	the title of the office to which the candidate aspires, and the party which the
	277	+	candidate represents; or
	278	+	b.2.The nominating petition containing the followingmust include:
	279	+	(1)a.The candidate's name, post-office address, nongovernment issued electronic
	280	+	mail address, and telephone number, and the title of the office to which the
	281	+	Page No. 5 25.0267.02000
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430	312		31 Sixty-ninth
431	313		Legislative Assembly
432		-	) ss.
433		-	County of ________)
434		-	I, ______________, being sworn, say that I reside at ________________, in the city
435		-	of _______________, in the county of ______________ of North Dakota; and zip code of
436		-	________________; that I am a candidate for nomination to the office of _____________
437		-	to be chosen at the primary election to be held on _____________, ______, and I request
438		-	that my name be printed upon the primary election ballot as provided by law, as a
439		-	candidate of the ______________ party for said office. I am requesting that my name be
440		-	listed on the ballot as I have identified my ballot name below. I understand that nicknames
441		-	are allowed as part of my ballot name, but titles and campaign slogans are not permissible.
442		-	I have reviewed the requirements to hold office and I certify that I am qualified to serve if
443		-	elected.
444		-	_______________________________________
445		-	Ballot name requested
446		-	_______________________________________
447		-	Candidate's signature
448		-	Subscribed and sworn to before me on ______________, _____.
449		-	________________________________________
450		-	Notary Public
451		-	NOTARY SEAL My Commission Expires ____________________
452		-	SECTION 8. AMENDMENT. Section 16.1-11-11 of the North Dakota Century Code is
	314	+	candidate aspires, the appropriate district judgeship number if applicable, and
	315	+	whether the petition is intended for nomination for an unexpired term of office if
	316	+	applicable.
	317	+	(2)b.The name of the party the candidate represents if the petition is for an office
	318	+	under party designation.
	319	+	(3)c.The signatures and printed names of qualified electors, the number of which
	320	+	must be determined as follows:
	321	+	(a)(1)If the office is a statewide office under a party or no - party designation, the
	322	+	signatures of three percent of the total vote cast for the candidates of the
	323	+	party with which the candidate affiliates for the same position at the last
	324	+	general election. However, no more than three hundredcandidate must
	325	+	collect at least two thousand signatures may be required.
	326	+	(b)(2)If there was no candidate of a party for a position at the preceding general
	327	+	election, at least three hundred signatures.
	328	+	(c)(3)If the office is under the no-party designation but is not a statewide office, at
	329	+	least three hundred signatures.
	330	+	(d)(4)If the office is a legislative office, the signatures of at least one percent of
	331	+	the total resident population of the legislative district as determined by the
	332	+	most recent federal decennial census.
	333	+	(4)d.The mailing address and the date of signing for each signer.
	334	+	2.3.If the nominating petition or certificate of endorsement is for the office of governor and
	335	+	lieutenant governor, the nominating petition or certificate must contain the names and
	336	+	other information required of candidates for both offices.
	337	+	3.4.A nominating petition or certificate of endorsement may be filed electronically, through
	338	+	the mail, or by personal delivery. However, the nominating petition or certificate must
	339	+	be complete and in the possession of the secretary of state before four p.m. of the
	340	+	sixty-fourth day before the primary election.
	341	+	SECTION 7. AMENDMENT. Section 16.1-11-10 of the North Dakota Century Code is
453	342		amended and reenacted as follows:
454		-	16.1-11-11. County candidates' petitions - Filing - Contents.
455		-	Every candidate for a county office shall present a petition to the county auditor of the
456		-	county in which the candidate resides between the first date candidates may begin circulating
457		-	nominating petitions according to this chapter and four p.m. of the sixty-fourth day before any
458		-	primary election. The petition or certificate of endorsement may be filed electronically, through
459		-	the mail, or by personal delivery. However, the petition or certificate of endorsement must be
460		-	complete and in the possession of the county auditor before four p.m. on the sixty-fourth day
461		-	before the primary election. A petition under this section must include the following:
462		-	Page No. 8 25.0267.02003
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492		-	30 Sixty-ninth
	372	+	29 Sixty-ninth
493	373		Legislative Assembly
494		-	1.The candidate's name, post-office address, nongovernment issued electronic mail
495		-	address, and telephone number, the title of the office to which the candidate aspires,
496		-	the appropriate district number if applicable, and whether the petition is intended for
497		-	nomination for an unexpired term of office if applicable.
498		-	2.The printed names and signatures of qualified electors, the number of which must be
499		-	determined as follows:
500		-	a.If the office is a county office, the signatures of not less than two percent of the
501		-	total vote cast for the office at the most recent general election at which the office
502		-	was voted upon.
503		-	b.If the office is a county office and multiple candidates were elected to the office at
504		-	the preceding general election at which the office was voted upon, the signatures
505		-	of not less than two percent of the votes cast for all candidates divided by the
506		-	number of candidates that were to be elected to that office.
507		-	c.If the office is a county office and no candidate was elected or no votes were cast
508		-	for the office at any general election, the number of signers equal to at least
509		-	two percent of the total average vote cast for the offices of sheriff and county
510		-	auditor at the most recent general election at which those officers were elected in
511		-	the petitioner's county. This average must be determined by dividing by two the
512		-	total vote cast for those offices.
513		-	d.In no case may more than three hundred signatures be required.
514		-	3.The residential address, mailing address (if different from residential address), and
515		-	date of signing for each signer. A post office box does not qualify as a residential
516		-	address. In areas of the state where street addresses are not available, a description
517		-	of where the residential address is located must be used.
518		-	SECTION 9. AMENDMENT. Section 16.1-11-12 of the North Dakota Century Code is
519		-	amended and reenacted as follows:
520		-	16.1-11-12. Applicant's name placed on ballot.
521		-	1.Upon receipt of the petition or certificate of endorsement provided for in section
522		-	16.1-11-06, accompanied by an affidavit as provided in section 16.1-11-10, the
523		-	secretary of state shall place the name of the applicant on the primary election ballot in
524		-	Page No. 9 25.0267.02003
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554		-	30 Sixty-ninth
555		-	Legislative Assembly
556		-	the party or appropriate section if the documentation meets all applicable
557		-	requirements.
558		-	2.Upon receipt of the petition or certificate of endorsement provided for in section
559		-	16.1-11-11, accompanied by an affidavit as provided in section 16.1-11-10, the county
560		-	auditor shall place the name of the applicant on the appropriate section of the no-party
561		-	primary election ballot if the documentation meets all applicable requirements.
562		-	3.A candidate whose name was placed on the ballot under this section may have the
563		-	candidate's name removed from the ballot by submitting a written request to the
564		-	appropriate filing officer within forty-eight hours after the filing deadline under sections
565		-	16.1-11-06 and 16.1-11-11.
566		-	SECTION 10. AMENDMENT. Section 16.1-11-18 of the North Dakota Century Code is
567		-	amended and reenacted as follows:
568		-	16.1-11-18. Filling vacancy occurring in endorsement or nomination by petition for
569		-	party office.
570		-	1.If a vacancy occurs in any party certificate of endorsement at the primary election for
571		-	any state or legislative district office, the proper state or district executive committee of
572		-	the political party may fill the vacancy by filing another certificate of endorsement with
573		-	the secretary of state as provided in section 16.1-11-06.
574		-	2.If no party endorsement has been made by certificate and a vacancy occurs in a slate
575		-	of candidates seeking party nomination by petition at the primary election, the proper
576		-	state or district executive committee may fill the vacancy by filing a certificate of
577		-	endorsement with the secretary of statemay be filled by petition as provided in section
578		-	16.1-11-06.
579		-	3.If party endorsements by certificate have been made for any state or district office and
580		-	a vacancy occurs in the slate of individuals seeking nomination at the primary election
581		-	because of the unavailability of the individual who is seeking nomination by petition,
582		-	that vacancy may not be filled except by petition.
583		-	4.Vacancies to be filled according to the provisions of this section may be filled not later
584		-	than the sixty-fourth day before the election.
585		-	SECTION 11. AMENDMENT. Section 16.1-11-30 of the North Dakota Century Code is
586		-	amended and reenacted as follows:
587		-	Page No. 10 25.0267.02003
	374	+	16.1-11-10. Applicant's name placed upon ballot - Affidavit to accompany petition.
	375	+	1.Upon receipt by the secretary of state of the petition or certificate of endorsement
	376	+	provided for in section 16.1-11-06 accompanied by the following affidavit, the secretary
	377	+	of state shall place the applicant's name upon the primary election ballot in the
	378	+	columns of the applicant's party as provided or within the no-party office for which the
	379	+	applicant desires nomination.
	380	+	2.Upon receipt by the county auditor of the petition provided for in section 16.1-11-11
	381	+	accompanied by the following affidavit, the county auditor shall place the applicant's
	382	+	name upon the primary election ballot within the no-party office for which the applicant
	383	+	desires nomination. The affidavit may be filed electronically, through the mail, or by
	384	+	personal delivery. However, the affidavit must be in the possession of the appropriate
	385	+	filing officer before four p.m. on the sixty-fourth day before the primary election. If the
	386	+	affidavit is filed electronically, the candidate shall retain the original copy.
	387	+	3.The affidavit must be substantially as follows:
	388	+	State of North Dakota)
	389	+	) ss.
	390	+	County of ________)
	391	+	I, ______________, being sworn, say that I reside at ________________, in the city
	392	+	of _______________, in the county of ______________ of North Dakota; and zip code of
	393	+	________________; that I am a candidate for nomination to the office of _____________
	394	+	to be chosen at the primary election to be held on _____________, ______, and I request
	395	+	that my name be printed upon the primary election ballot as provided by law, as a
	396	+	candidate of the ______________ party for said office. I am requesting that my name be
	397	+	listed on the ballot as I have identified my ballot name below. I understand that nicknames
	398	+	are allowed as part of my ballot name, but titles and campaign slogans are not permissible.
	399	+	I have reviewed the requirements to hold office and I certify that I am qualified to serve if
	400	+	elected.
	401	+	_______________________________________
	402	+	Ballot name requested
	403	+	_______________________________________
	404	+	Candidate's signature
	405	+	Page No. 7 25.0267.02000
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618	436		31 Sixty-ninth
619	437		Legislative Assembly
620		-	~~16.1-11-30. Separate section~~ on ~~primary election ballot required for each political~~
621		-	~~party.~~
622		-	~~1.Any party that had printed on the ballot at the last preceding presidential election the~~
623		-	~~names of a set of presidential electors pledged to the election of the party's candidates~~
624		-	~~for president and vice president or a candidate for governor and those candidates for~~
625		-	~~presidential electors or governor received at least five percent of the total vote cast for~~
626		-	~~presidential electors or the office of governor within this state at that election; any party~~
627		-	~~that had printed on~~ the ~~ballot at~~ the ~~last preceding nonpresidential election a candidate~~
628		-	~~for attorney general or secretary of state, and~~ the candidate ~~received at least five~~
629		-	~~percent~~ of the ~~total vote cast for the office the candidate was seeking at the election;~~
630		-	~~or any party that has organized according to all~~ the ~~requirements~~ of ~~chapter 16.1-03~~
631		-	must be ~~provided with a separate section on primary election ballots.~~
632		-	2.~~Any other political organization is entitled to endorse candidates or have candidates~~
633		-	~~petition to be included on~~ the primary ~~ballot in~~ a ~~separate~~ section of the ~~consolidated~~
634		-	~~primary election ballot~~, ~~if a petition signed by at least seven thousand qualified electors~~
635		-	~~of this state is filed with~~ the ~~secretary of state before four p.m.~~ of the ~~sixty-fourth day~~
636		-	~~before a primary or special election~~, ~~naming~~ the ~~political organization,~~ ~~stating the~~
637		-	~~platform principles~~ of ~~the party,~~ ~~and requesting the names of its candidates to be~~
638		-	~~included on~~ the ~~state's primary ballot in a separate section. Political organizations that~~
639		-	~~are granted ballot access under this section are allowed ballot access only for those~~
640		-	~~offices for which~~ the ~~organization has identified candidates.~~ ~~Regardless~~ of the ~~means~~
641		-	by which the ~~petition is delivered, the original must be in the possession of the~~
642		-	~~secretary of state before four p~~.~~m. on the sixty-fourth day prior to a primary or special~~
643		-	~~election~~. Candidates ~~of that party are entitled~~ to the ~~same rights and privileges as~~
644		-	~~those of other parties.~~ ~~Petitions circulated according to this section must be filed with~~
645		-	~~the secretary~~ of ~~state in accordance with section 1-01-50.~~
646		-	~~3.A political organization~~ that ~~had printed on the ballot at the last preceding presidential~~
647		-	~~election~~ the ~~names of~~ a ~~set of presidential electors pledged to the election of the~~
648		-	~~party's candidates~~ for ~~president and vice president or a candidate for governor and~~
649		-	~~those candidates for presidential electors or governor received at least five~~ percent of
650		-	~~the total vote cast for presidential electors or~~ the ~~office of governor within this state~~ at
651		-	Page No. 11 25.0267.~~02003~~
	438	+	Subscribed and sworn to before me on ______________, _____.
	439	+	________________________________________
	440	+	Notary Public
	441	+	NOTARY SEAL My Commission Expires ____________________
	442	+	SECTION 8. AMENDMENT. Section 16.1-11-11 of the North Dakota Century Code is
	443	+	amended and reenacted as follows:
	444	+	16.1-11-11. County candidates' petitions - Filing - Contents.
	445	+	Every candidate for a county office shall present a petition to the county auditor of the
	446	+	county in which the candidate resides between the first date candidates may begin circulating
	447	+	nominating petitions according to this chapter and four p.m. of the sixty-fourth day before any
	448	+	primary election. The petition or certificate of endorsement may be filed electronically, through
	449	+	the mail, or by personal delivery. However, the petition or certificate of endorsement must be
	450	+	complete and in the possession of the county auditor before four p.m. on the sixty-fourth day
	451	+	before the primary election. A petition under this section must include the following:
	452	+	1.The candidate's name, post-office address, nongovernment issued electronic mail
	453	+	address, and telephone number, the title of the office to which the candidate aspires,
	454	+	the appropriate district number if applicable, and whether the petition is intended for
	455	+	nomination for an unexpired term of office if applicable.
	456	+	2.The printed names and signatures of qualified electors, the number of which must be
	457	+	determined as follows:
	458	+	a.If the office is a county office, the signatures of not less than two percent of the
	459	+	total vote cast for the office at the most recent general election at which the office
	460	+	was voted upon.
	461	+	b.If the office is a county office and multiple candidates were elected to the office at
	462	+	the preceding general election at which the office was voted upon, the signatures
	463	+	of not less than two percent of the votes cast for all candidates divided by the
	464	+	number of candidates that were to be elected to that office.
	465	+	c.If the office is a county office and no candidate was elected or no votes were cast
	466	+	for the office at any general election, the number of signers equal to at least
	467	+	two percent of the total average vote cast for the offices of sheriff and county
	468	+	auditor at the most recent general election at which those officers were elected in
	469	+	Page No. 8 25.0267.02000
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682	500		31 Sixty-ninth
683	501		Legislative Assembly
684		-	that election, and any political organization that has printed on the ballot at the last
685		-	preceding nonpresidential election a candidate for attorney general or secretary of
686		-	state, and the candidate received at least five percent of the total vote cast for the
687		-	office the candidate was seeking at the election are entitled to organize according to
688		-	the requirements of chapter 16.1-03.
689		-	SECTION 12. AMENDMENT. Section 16.1-11-39 of the North Dakota Century Code is
	502	+	the petitioner's county. This average must be determined by dividing by two the
	503	+	total vote cast for those offices.
	504	+	d.In no case may more than three hundred signatures be required.
	505	+	3.The residential address, mailing address (if different from residential address), and
	506	+	date of signing for each signer. A post office box does not qualify as a residential
	507	+	address. In areas of the state where street addresses are not available, a description
	508	+	of where the residential address is located must be used.
	509	+	SECTION 9. AMENDMENT. Section 16.1-11-12 of the North Dakota Century Code is
690	510		amended and reenacted as follows:
691		-	16.1-11-39. Individuals nominated in accordance with provisions of chapter eligible
692		-	as candidates in general election.
693		-	1.All individuals nominated in accordance with this chapter are eligible as candidates to
694		-	be voted for at the ensuing general election, except as provided in this section.
695		-	2.Upon receipt of the documents filed by each candidate, the filing officer immediately
696		-	shall complete a thorough review of the documents and notify the candidate of any
697		-	necessary corrections that must be made before four p.m. on the sixty-fourth day
698		-	before the primary election. The filing officer may not place a candidate's name on the
699		-	primary election ballot if the filed documents are insufficient and remain uncorrected.
700		-	3.If the filing officer discovers, after four p.m. on the sixty-fourth day before the primary
701		-	election, an insufficiency in the certificate of endorsement or petition or affidavit of
702		-	candidacy filed by a candidate, the candidate may not be deemed nominated until the
703		-	insufficiency is corrected. Upon discovery of the insufficiency, the filing officer
704		-	immediately shall notify the candidate in writing of the necessary corrections. The
705		-	candidate shall file the necessary corrections as soon as practicable, but not later than
706		-	four p.m. on the sixty-fourth day before the general election.
707		-	SECTION 13. AMENDMENT. Subsection 1 of section 16.1-12-02 of the North Dakota
708		-	Century Code is amended and reenacted as follows:
709		-	1.Except as provided in subsection 3, if the nomination is for an office to be filled by the
710		-	qualified electors of the entire state, there must be no fewer than one thousandtwo
711		-	thousand signatures.
712		-	SECTION 14. AMENDMENT. Section 16.1-12-09 of the North Dakota Century Code is
	511	+	16.1-11-12. Applicant's name placed on ballot.
	512	+	1.Upon receipt of the petition or certificate of endorsement provided for in section
	513	+	16.1-11-06, accompanied by an affidavit as provided in section 16.1-11-10, the
	514	+	secretary of state shall place the name of the applicant on the primary election ballot in
	515	+	the party or appropriate section if the documentation meets all applicable
	516	+	requirements.
	517	+	2.Upon receipt of the petition or certificate of endorsement provided for in section
	518	+	16.1-11-11, accompanied by an affidavit as provided in section 16.1-11-10, the county
	519	+	auditor shall place the name of the applicant on the appropriate section of the no-party
	520	+	primary election ballot if the documentation meets all applicable requirements.
	521	+	3.A candidate whose name was placed on the ballot under this section may have the
	522	+	candidate's name removed from the ballot by submitting a written request to the
	523	+	appropriate filing officer within forty-eight hours after the filing deadline under sections
	524	+	16.1-11-06 and 16.1-11-11.
	525	+	SECTION 10. AMENDMENT. Section 16.1-11-18 of the North Dakota Century Code is
713	526		amended and reenacted as follows:
714		-	Page No. 12 25.0267.02003
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744		-	30 Sixty-ninth
745		-	Legislative Assembly
746		-	16.1-12-09. Filling vacancy existing on no-party ballot - Petition required - Time of
747		-	filing.
748		-	1.Whenever a vacancy exists on a no-party ballot for a state office or for judge of a
749		-	district court, the vacancy may be filled by filing with the secretary of state, before
750		-	four p.m. on the sixty-fourth day, a written petition as provided in section 16.1-11-06,
751		-	stating that the petitioner desires to become a candidate for election to the office for
752		-	which a vacancy exists. The petition for the nomination of any individual to fill the
753		-	vacancy must be signed by qualified electors equal in number to at least two percent
754		-	of the total vote cast for the office of governor in the state or district, at the most recent
755		-	general election at which the office of governor was voted upon, but in no case may
756		-	more than three hundred signatures be required.
757		-	2.Whenever a vacancy exists on a no-party ballot in a county or district within a county,
758		-	the vacancy may be filled by filing with the county auditor before four p.m. of the sixty-
759		-	fourth day a written petition as provided in section 16.1-11-11, stating the petitioner
760		-	desires to become a candidate for election to the office for which a vacancy exists.
761		-	The petition for the nomination of any individual to fill the vacancy must be signed by
762		-	qualified electors equal in number to at least thirty percent of the total vote cast for the
763		-	office of governor at the most recent general election in the county or district at which
764		-	the office of governor was voted upon, but in no case may more than three hundred
765		-	signatures be required.
766		-	3.A vacancy in the no-party ballot must be deemed to exist when:
767		-	a.A candidate nominated at the primary election dies, resigns, or otherwise
768		-	becomes disqualified to have the candidate's name printed on the ballot at the
769		-	general election.
770		-	b.No candidates were nominated at the primary election because the office did not
771		-	yet exist.
772		-	c.The timing of the vacancy in an office makes it impossible to have the office
773		-	placed on the ballot.
774		-	4.The petition or certificate of endorsement may be filed electronically, through the mail,
775		-	or by personal delivery, and must be complete and in the possession of the filing
776		-	officer before four p.m. on the sixty-fourth day before the general or special election.
777		-	Page No. 13 25.0267.02003
	527	+	16.1-11-18. Filling vacancy occurring in endorsement or nomination by petition for
	528	+	party office.
	529	+	1.If a vacancy occurs in any party certificate of endorsement at the primary election for
	530	+	any state or legislative district office, the proper state or district executive committee of the
	531	+	political party may fill the vacancy by filing another certificate of endorsement with the secretary
	532	+	of state as provided in section 16.1-11-06.
	533	+	Page No. 9 25.0267.02000
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808	564		31 Sixty-ninth
809	565		Legislative Assembly
810		-	SECTION 15. AMENDMENT. Section 16.1-13-08.1 of the North Dakota Century Code is
	566	+	2.If no party endorsement has been made by certificate and a vacancy occurs in a slate of
	567	+	candidates seeking party nomination by petition at the primary election, the proper state or
	568	+	district executive committee may fill the vacancy by filing a certificate of endorsement with the
	569	+	secretary of statemay be filled by petition as provided in section 16.1-11-06.
	570	+	3.If party endorsements by certificate have been made for any state or district office and
	571	+	a vacancy occurs in the slate of individuals seeking nomination at the primary election
	572	+	because of the unavailability of the individual who is seeking nomination by petition,
	573	+	that vacancy may not be filled except by petition.
	574	+	4.Vacancies to be filled according to the provisions of this section may be filled not later
	575	+	than the sixty-fourth day before the election.
	576	+	SECTION 11. AMENDMENT. Section 16.1-11-30 of the North Dakota Century Code is
811	577		amended and reenacted as follows:
812		-	16.1-13-08.1. Special election to fill a vacancy in the United States House of
813		-	Representatives due to a catastrophic circumstance.
814		-	If a vacancy occurs in the office of representative in Congress due to a catastrophic
815		-	circumstance in which one hundred or more representatives across the United States are no
816		-	longer able to serve and the next regular or special election is more than seventy-five days in
817		-	the future, the governor shall immediately issue a writ of election calling a special election to fill
818		-	the vacancy. The date of the election shall be forty-nine days from the date of the proclamation
819		-	and the following deadlines shall apply:
820		-	1.Certificate of endorsement as described in section 16.1-11-09subsection 6 , affidavits
821		-	of candidacy described in section 16.1-11-10, and statements of interest described in
822		-	section 16.1-09-03 for those candidates nominated by political parties currently
823		-	established in the state shall be filed with the secretary of state by four p.m. on the
824		-	fortieth day before the election.
825		-	2.If the election occurs in an election year, the precincts previously established by the
826		-	county shall be utilized.
827		-	3.If the election occurs in a year without a scheduled election, the board of county
828		-	commissioners must establish the precinct boundaries by the fortieth day before the
829		-	election.
830		-	4.The secretary of state shall certify to the county auditors the names of the candidates
831		-	for the election on the thirty-ninth day before the election.
832		-	5.Absentee ballots shall be made available to qualified electors by the thirtieth day
833		-	before the election.
834		-	6.A certificate of endorsement filed with the secretary of state as provided in this section
835		-	must be in substantially the following form:
836		-	CERTIFICATE OF ENDORSEMENT
837		-	I, ______________, do certify that I am the state (district) chairman of the
838		-	______________ political party of the ______________ legislative district (if appropriate) of
839		-	the state of North Dakota and that ______________ (insert name of endorsee), residing at
840		-	____________, whose nongovernment-issued electronic mail address is ______________,
841		-	Page No. 14 25.0267.02003
	578	+	16.1-11-30. Separate section on primary election ballot required for each political
	579	+	party.
	580	+	1.Any party that had printed on the ballot at the last preceding presidential election the
	581	+	names of a set of presidential electors pledged to the election of the party's candidates
	582	+	for president and vice president or a candidate for governor and those candidates for
	583	+	presidential electors or governor received at least five percent of the total vote cast for
	584	+	presidential electors or the office of governor within this state at that election; any party
	585	+	that had printed on the ballot at the last preceding nonpresidential election a candidate
	586	+	for attorney general or secretary of state, and the candidate received at least five
	587	+	percent of the total vote cast for the office the candidate was seeking at the election;
	588	+	or any party that has organized according to all the requirements of chapter 16.1-03
	589	+	must be provided with a separate section on primary election ballots.
	590	+	2.Any other political organization is entitled to endorse candidates or have candidates
	591	+	petition to be included on the primary ballot in a separate section of the consolidated
	592	+	primary election ballot, if a petition signed by at least seven thousand qualified electors
	593	+	of this state is filed with the secretary of state before four p.m. of the sixty-fourth day
	594	+	before a primary or special election, naming the political organization, stating the
	595	+	platform principles of the party, and requesting the names of its candidates to be
	596	+	included on the state's primary ballot in a separate section. Political organizations that
	597	+	Page No. 10 25.0267.02000
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872	628		31 Sixty-ninth
873	629		Legislative Assembly
874		-	was duly endorsed for nomination to the office of ______________ on the
875		-	______________ day of __________, by the ______________ political party of the
876		-	______________ legislative district (if appropriate), duly convened and organized in
877		-	accordance with the bylaws of the ______________ political party and the laws of this
878		-	state, and do hereby request ______________ name be printed upon the ballot as a
879		-	candidate for nomination to the office of ______________ at the forthcoming primary
880		-	election to be held on ______________ of this year.
881		-	Dated this ____________ day of _________.
882		-	_________________________________________
883		-	(signature of state or district chairman)
884		-	SECTION 16. REPEAL. Sections 16.1-11-05.1 and, 16.1-11-09, and 16.1-11-36 of the
885		-	North Dakota Century Code are repealed.
886		-	Page No. 15 25.0267.02003
	630	+	are granted ballot access under this section are allowed ballot access only for those
	631	+	offices for which the organization has identified candidates. Regardless of the means
	632	+	by which the petition is delivered, the original must be in the possession of the
	633	+	secretary of state before four p.m. on the sixty-fourth day prior to a primary or special
	634	+	election. Candidates of that party are entitled to the same rights and privileges as
	635	+	those of other parties. Petitions circulated according to this section must be filed with
	636	+	the secretary of state in accordance with section 1-01-50.
	637	+	3.A political organization that had printed on the ballot at the last preceding presidential
	638	+	election the names of a set of presidential electors pledged to the election of the
	639	+	party's candidates for president and vice president or a candidate for governor and
	640	+	those candidates for presidential electors or governor received at least five percent of
	641	+	the total vote cast for presidential electors or the office of governor within this state at
	642	+	that election, and any political organization that has printed on the ballot at the last
	643	+	preceding nonpresidential election a candidate for attorney general or secretary of
	644	+	state, and the candidate received at least five percent of the total vote cast for the
	645	+	office the candidate was seeking at the election are entitled to organize according to
	646	+	the requirements of chapter 16.1-03.
	647	+	SECTION 12. AMENDMENT. Section 16.1-11-39 of the North Dakota Century Code is
	648	+	amended and reenacted as follows:
	649	+	16.1-11-39. Individuals nominated in accordance with provisions of chapter eligible
	650	+	as candidates in general election.
	651	+	1.All individuals nominated in accordance with this chapter are eligible as candidates to
	652	+	be voted for at the ensuing general election, except as provided in this section.
	653	+	2.Upon receipt of the documents filed by each candidate, the filing officer immediately
	654	+	shall complete a thorough review of the documents and notify the candidate of any
	655	+	necessary corrections that must be made before four p.m. on the sixty-fourth day
	656	+	before the primary election. The filing officer may not place a candidate's name on the
	657	+	primary election ballot if the filed documents are insufficient and remain uncorrected.
	658	+	3.If the filing officer discovers, after four p.m. on the sixty-fourth day before the primary
	659	+	election, an insufficiency in the certificate of endorsement or petition or affidavit of
	660	+	candidacy filed by a candidate, the candidate may not be deemed nominated until the
	661	+	Page No. 11 25.0267.02000
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	692	+	31 Sixty-ninth
	693	+	Legislative Assembly
	694	+	insufficiency is corrected. Upon discovery of the insufficiency, the filing officer
	695	+	immediately shall notify the candidate in writing of the necessary corrections. The
	696	+	candidate shall file the necessary corrections as soon as practicable, but not later than
	697	+	four p.m. on the sixty-fourth day before the general election.
	698	+	SECTION 13. AMENDMENT. Subsection 1 of section 16.1-12-02 of the North Dakota
	699	+	Century Code is amended and reenacted as follows:
	700	+	1.Except as provided in subsection 3, if the nomination is for an office to be filled by the
	701	+	qualified electors of the entire state, there must be no fewer than one thousandtwo
	702	+	thousand signatures.
	703	+	SECTION 14. AMENDMENT. Section 16.1-12-09 of the North Dakota Century Code is
	704	+	amended and reenacted as follows:
	705	+	16.1-12-09. Filling vacancy existing on no-party ballot - Petition required - Time of
	706	+	filing.
	707	+	1.Whenever a vacancy exists on a no-party ballot for a state office or for judge of a
	708	+	district court, the vacancy may be filled by filing with the secretary of state, before
	709	+	four p.m. on the sixty-fourth day, a written petition as provided in section 16.1-11-06,
	710	+	stating that the petitioner desires to become a candidate for election to the office for
	711	+	which a vacancy exists. The petition for the nomination of any individual to fill the
	712	+	vacancy must be signed by qualified electors equal in number to at least two percent
	713	+	of the total vote cast for the office of governor in the state or district, at the most recent
	714	+	general election at which the office of governor was voted upon, but in no case may
	715	+	more than three hundred signatures be required.
	716	+	2.Whenever a vacancy exists on a no-party ballot in a county or district within a county,
	717	+	the vacancy may be filled by filing with the county auditor before four p.m. of the sixty-
	718	+	fourth day a written petition as provided in section 16.1-11-11, stating the petitioner
	719	+	desires to become a candidate for election to the office for which a vacancy exists.
	720	+	The petition for the nomination of any individual to fill the vacancy must be signed by
	721	+	qualified electors equal in number to at least thirty percent of the total vote cast for the
	722	+	office of governor at the most recent general election in the county or district at which
	723	+	the office of governor was voted upon, but in no case may more than three hundred
	724	+	signatures be required.
	725	+	Page No. 12 25.0267.02000
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	756	+	31 Sixty-ninth
	757	+	Legislative Assembly
	758	+	3.A vacancy in the no-party ballot must be deemed to exist when:
	759	+	a.A candidate nominated at the primary election dies, resigns, or otherwise
	760	+	becomes disqualified to have the candidate's name printed on the ballot at the
	761	+	general election.
	762	+	b.No candidates were nominated at the primary election because the office did not
	763	+	yet exist.
	764	+	c.The timing of the vacancy in an office makes it impossible to have the office
	765	+	placed on the ballot.
	766	+	4.The petition or certificate of endorsement may be filed electronically, through the mail,
	767	+	or by personal delivery, and must be complete and in the possession of the filing
	768	+	officer before four p.m. on the sixty-fourth day before the general or special election.
	769	+	SECTION 15. AMENDMENT. Section 16.1-13-08.1 of the North Dakota Century Code is
	770	+	amended and reenacted as follows:
	771	+	16.1-13-08.1. Special election to fill a vacancy in the United States House of
	772	+	Representatives due to a catastrophic circumstance.
	773	+	If a vacancy occurs in the office of representative in Congress due to a catastrophic
	774	+	circumstance in which one hundred or more representatives across the United States are no
	775	+	longer able to serve and the next regular or special election is more than seventy-five days in
	776	+	the future, the governor shall immediately issue a writ of election calling a special election to fill
	777	+	the vacancy. The date of the election shall be forty-nine days from the date of the proclamation
	778	+	and the following deadlines shall apply:
	779	+	1.Certificate of endorsement as described in section 16.1-11-09subsection 6 , affidavits
	780	+	of candidacy described in section 16.1-11-10, and statements of interest described in
	781	+	section 16.1-09-03 for those candidates nominated by political parties currently
	782	+	established in the state shall be filed with the secretary of state by four p.m. on the
	783	+	fortieth day before the election.
	784	+	2.If the election occurs in an election year, the precincts previously established by the
	785	+	county shall be utilized.
	786	+	3.If the election occurs in a year without a scheduled election, the board of county
	787	+	commissioners must establish the precinct boundaries by the fortieth day before the
	788	+	election.
	789	+	Page No. 13 25.0267.02000
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	821	+	Legislative Assembly
	822	+	4.The secretary of state shall certify to the county auditors the names of the candidates
	823	+	for the election on the thirty-ninth day before the election.
	824	+	5.Absentee ballots shall be made available to qualified electors by the thirtieth day
	825	+	before the election.
	826	+	6.A certificate of endorsement filed with the secretary of state as provided in this section
	827	+	must be in substantially the following form:
	828	+	CERTIFICATE OF ENDORSEMENT
	829	+	I, ______________, do certify that I am the state (district) chairman of the
	830	+	______________ political party of the ______________ legislative district (if appropriate) of
	831	+	the state of North Dakota and that ______________ (insert name of endorsee), residing at
	832	+	____________, whose nongovernment-issued electronic mail address is ______________,
	833	+	was duly endorsed for nomination to the office of ______________ on the
	834	+	______________ day of __________, by the ______________ political party of the
	835	+	______________ legislative district (if appropriate), duly convened and organized in
	836	+	accordance with the bylaws of the ______________ political party and the laws of this
	837	+	state, and do hereby request ______________ name be printed upon the ballot as a
	838	+	candidate for nomination to the office of ______________ at the forthcoming primary
	839	+	election to be held on ______________ of this year.
	840	+	Dated this ____________ day of _________.
	841	+	_________________________________________
	842	+	(signature of state or district chairman)
	843	+	SECTION 16. REPEAL. Sections 16.1-11-05.1 and 16.1-11-09 of the North Dakota Century
	844	+	Code are repealed.
	845	+	Page No. 14 25.0267.02000
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