Election administration in North Dakota
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Election administration encompasses a state's voting policies and methods of enforcing them. These include voter identification requirements, early and absentee voting provisions, voter list maintenance methods, and more. Each state's voting policies dictate who can vote and under what conditions.
Below, you will find details on the following election administration topics in North Dakota:
Poll times
- See also: State poll opening and closing times
In North Dakota, voting hours at polling locations vary by county. According to statute, all polls must open between 7:00 a.m. and 9:00 a.m., and they must close between 7:00 p.m. and 9:00 p.m. Hours for specific polling places are available online through the state's Polling Place Search. A voter who is standing in line at the time the polls close will be allowed to vote. North Dakota is divided between Central and Mountain time zones.[2][3]
Voter registration
- Check your voter information here.
North Dakota is the only state that does not require voter registration.[4]
| “ | Although North Dakota was one of the first states to adopt voter registration prior to the turn of the century, it abolished it in 1951. It is also worth noting that North Dakota law still provides cities with the ability to register voters for city elections. North Dakota is a rural state and its communities maintain close ties and networks. North Dakota's system of voting, and lack of voter registration, is rooted in its rural character by providing small precincts. Establishing relatively small precincts is intended to ensure that election boards know the voters who come to the polls to vote on Election Day and can easily detect those who should not be voting in the precinct.[5] | ” |
| —North Dakota Secretary of State[4] | ||
Early and absentee voting policy
Early voting
- See also: Early voting
North Dakota permits early voting. Learn more by visiting this website.
Absentee voting
- See also: Absentee voting
All voters are eligible to vote absentee in North Dakota. There are no special eligibility requirements for voting absentee.[6]
There is no specific deadline for applying for an absentee ballot. The completed ballot must be postmarked at least one day before the election.[6]
Returning absentee ballots
Voters in North Dakota can cast an absentee vote in person (early voting) or by mail. Electors may also authorize, in writing, an agent to assist them in acquiring and returning their ballot.[7]
North Dakota law states the following:
| “ | The auditor or business manager of the school district, as the case may be, may not provide an absent voter's ballot to a person acting as an agent who cannot provide a signed, written authorization from an applicant. No person may receive compensation, including money, goods, or services, for acting as an agent for an elector, nor may a person act as an agent for more than four electors in any one election. A voter voting by absentee ballot may not require the political subdivision providing the ballot to bear the expense of the return postage for an absentee ballot.[7][5] | ” |
Signature requirements and cure provisions
In North Dakota, voters must sign an affidavit printed on their ballot’s return envelope. Election clerks and board members of the polling place compare the signature on the affidavit to the signature on the absentee ballot application for the purpose of verification. If they do not correspond or the affidavit is found to be inadequate, the ballot is rejected. North Dakota law does not include a cure provision, or a law allowing voters to correct an issue with the signature on their absentee ballot.
North Dakota law states the following:
| “ | If the affidavit on the outer envelope of a returned absentee ballot is found to be insufficient, or that the signatures on the application and affidavit do not correspond, or that the applicant is not then a duly qualified elector of the precinct, the vote may not be allowed, but without opening the absent voter's envelope, the election inspector or election judge shall mark across the face thereof "rejected as defective" or "rejected as not an elector", as the case may be. These rejected ballots are then turned over to the county canvassing board for final determination of eligibility. The subsequent death of an absentee voter after having voted by absentee ballot does not constitute grounds for rejecting the ballot.[7][5] | ” |
Was your absentee ballot counted?
Use the Absentee Ballot Search tool provided by the North Dakota Secretary of State to check the status of your absentee ballot.
Voter identification requirements
- See also: Voter ID in North Dakota
- See also: Voter identification laws by state
North Dakota requires voters to present identification while voting. Identification must include the voter’s name, current North Dakota residential address, and date of birth.[8]
Acceptable forms of voter identification include:
- Driver’s license
- Nondriver’s identification card
- Tribal government-issued identification (including those issued by the Bureau of Indian Affairs (BIA) for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address)
- Long-term care identification certificate (provided by North Dakota facility)
If a voter does not have a form of identification that includes his or her current North Dakota residential address or date of birth, the voter can present the following supplemental documents:
- Current utility bill
- Current bank statement
- Check or a document issued by a federal, state, local, or tribal government (including those issued by BIA for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address)
- Paycheck
- Student photo ID card from a North Dakota institution containing the student's photograph and legal name. A printed document on school letterhead containing the student’s name, address, and date of birth must also be presented.
- North Dakota residents living outside of the United States can submit a U.S. Passport or Military ID if they do not have another valid form of identification.
According to the secretary of state's office, "An applicant without an acceptable form of identification may use an attester. The attester must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility."[8]
Voters who cast absentee ballots or vote by mail must include a valid form of identification with their ballot. A voter who has a disability that prevents them from leaving his or her home and is unable to obtain a valid form of identification "must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility."[8]
Background
On August 1, 2016, a federal court enjoined North Dakota's voter identification requirement that prevented state officials from enforcing the requirement in upcoming elections. Prior to this, the state required voters to present one of the following forms of identification at the polls: a state driver's license, a state identification card, a tribal government identification card, or an "alternative form of ID prescribed by the secretary of state."[9]
On April 24, 2017, Governor Doug Burgum (R) signed into law HB 1369, which reestablished the state's voter ID requirement. According to the National Conference of State Legislatures, "the law permits those who do not bring ID to the polls to cast a ballot that is 'set aside' until the voter presents valid ID. ... The bill also allows voters to present alternative documents, such as utility bills or bank statements, if the ID presented does not contain all required information."[10]
On April 3, 2018, the United States District Court for the District of North Dakota enjoined enforcement of sections of the state's voter ID law. The state appealed this decision to the United States Court of Appeals for the 8th Circuit, requesting that the court lift the injunction. On September 24, 2018, the Eighth Circuit granted the state's request for a stay of the district court's decision, allowing for enforcement of those sections of the state's voter ID law enjoined by the district court. On September 27, 2018, opponents of the state's voter ID law petitioned the Supreme Court of the United States for a stay of the Eighth Circuit's decision. On October 9, 2018, the Supreme Court voted 6 to 2 to deny this request.[11][12][13]
On July 31, 2019, a three-judge panel of the United States Court of Appeals for the Eighth Circuit issued a 2-1 ruling finding that the district court had erred in enjoining enforcement of sections of the state's voter ID law. The appellate court, therefore, vacated the lower court's order, allowing the law as enacted to stand.[14]
As of August 2023, 34 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 23 required voters to present identification containing a photograph, and 11 accepted other forms of identification. The remaining 16 states did not require voters to present identification in order to vote at the polls on Election Day. Valid forms of identification differ by state. Commonly accepted forms include driver's licenses, state-issued identification cards, and military identification cards.[15][16]
Provisional balloting for voters without ID
If a voter is unable to show proper identification, he or she can cast a ballot that will be securely set aside. "When the individual provides valid identification to the proper election official prior to the meeting of the canvassing board, the set-aside ballot will be presented to the canvassing board for proper inclusion in the tally."[8]
Provisional ballot rules
Voters in North Dakota are given provisional ballots, or ballots requiring additional steps or information before they can be counted, if a court order is issued to extend polling hours or if tey are unable to provide proper identification.[17][18]
Local election officials
Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool. |
Primary election type
- See also: Primary elections in North Dakota
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. A primary election is also sometimes used to choose convention delegates and party leaders; however, these selection processes can vary from state to state and party to party within a state. In North Dakota, precinct, district, and state party officials are selected at party caucuses and conventions, not at the state-administered primary election. Primaries are state-level and local-level elections that take place prior to a general election. North Dakota utilizes an open primary system, in which voters do not have to be members of a party to vote in that party's primary.[19][20][21]
For information about which offices are nominated via primary election, see this article.
Time off work for voting
In North Dakota, employers are encouraged, but not required, to grant time off for eligible employees to vote:
| “ | It is the policy of this state to encourage voting by all eligible voters at all statewide special, primary, or general elections. To this end, employers are encouraged to establish a program to grant an employee who is a qualified voter to be absent from the employee's employment for the purpose of voting when an employee's regular work schedule conflicts with voting during time when polls are open.[22][5] | ” |
As of 2020, 28 states had laws requiring employers to provide time off for voting under certain conditions.
Voting rules for people convicted of a felony
- See also: Voting rights for convicted felons
In North Dakota, individuals serving time in prison because of a felony conviction do not have a right to vote. Voting rights are automatically regained upon release from prison. Click here for more information regarding an incarcerated individual's rights in North Dakota.
Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[23]
Post-election auditing
North Dakota state law requires post-election audits. County election officials randomly test the voting system programming for one precinct in each county in the state according to logic and accuracy testing procedures. The audit must be completed before the canvass.[24] Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits.[25][26]
Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more.
As of December 2023, 41 states and the District of Columbia required some form of post-election audit. Of these, 36 states and the District of Columbia required traditional post-election audits, three states required risk-limiting post-election audits, and two states required procedural post-election audits.[27]
Election policy ballot measures
Ballotpedia has tracked the following ballot measures relating to election and campaign policy in North Dakota.
- North Dakota Partisan Elections Initiative (1921)
- North Dakota Non-partisan Election Initiative (1921)
- North Dakota Tax Commissioner Election Initiative (1938)
- North Dakota Secret Primary Ballot, Initiative 3 (1962)
- North Dakota Election of County Officers, Constitutional Measure 1 (2002)
- North Dakota Election of County Officials, Measure 2 (1998)
- North Dakota Legislative Assembly Vacancy Filling, Measure 4 (2000)
- North Dakota Filling of Judicial Vacancies, Measure 1 (1998)
- North Dakota Rules for Appointing Supreme Court Justices, Measure 2 (1990)
- North Dakota Federal Funds for Political Purposes Initiative (1936)
- North Dakota State and County Official Term Lengths, Initiative 5 (1964)
- North Dakota Residence Requirements of Electors Referendum (1920)
- North Dakota Electors Residence Requirements Referendum (1922)
- North Dakota Nonpartisan Elections Referendum (1924)
- North Dakota Date of Presidential Primary Election Referendum (1924)
- North Dakota Party Central Committees Referendum (1924)
- North Dakota County Officers to be Elected Referendum, Amendment 1 (1952)
- North Dakota County Official Term Lengths, Initiative 2 (1962)
- North Dakota Repeal Limits on Legislator Elections and Appointments, Referendum 3 (1962)
- North Dakota Repeal Limits on Legislator Elections and Appointments, Referendum 2 (1964)
- North Dakota Voter Pamphlet, Referendum 1 (1964)
- North Dakota New Residents Presidential Voting Referendum, Number 2 (1966)
- North Dakota Judicial Reform Referendum, Number 5 (1968)
- North Dakota Joint Governor and Lieutenant Ballot Referendum, Amendment 1 (1974)
- North Dakota Legislator Qualifications Referendum, Amendment 1 (1976)
- North Dakota Elective Franchise Referendum, Amendment 2 (1978)
- North Dakota Judicial Officers Referendum, Amendment 5 (1980)
- North Dakota Presidential Preference and June Primary Referendum, Measure 7 (1980)
- North Dakota Election Law Revision Referendum, Measure 8 (1980)
- North Dakota Future Governor and Lieutenant Governor Elections Referendum, Measure 4 (1982)
- North Dakota Tax Commissioner on Party Ballot Referendum, Measure 2 (1986)
- North Dakota State Legislative Term Limits and Ballot Instruction Measure, Measure 5 (1996)
- North Dakota Executive Branch Officer Election, Measure 2 (2000)
- North Dakota State Treasurer Not Elected, Measure 3 (2000)
- North Dakota Measure 1, Ethics Commission, Foreign Political Contribution Ban, and Conflicts of Interest Initiative (2018)
- North Dakota Congressional Age Limits Initiative (2024)
- North Dakota Elections, Voting, and Initiative Process Amendment (2024)
The table below lists bills related to election administration that have been introduced during (or carried over to) the current legislative session in North Dakota. The following information is included for each bill:
- State
- Bill number
- Official name or caption
- Most recent action date
- Legislative status
- Topics dealt with by the bill
Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.
Ballotpedia's Election Administration Legislation Tracker
State election laws are changing. Keeping track of the latest developments in all 50 states can seem like an impossible job.
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- Ballotpedia's election experts provide daily updates on bills and other relevant political developments
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- And because it's from Ballotpedia, our Tracker is guaranteed to be neutral, unbiased, and nonpartisan
The Ballot Bulletin
The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.
Click here to view recent issues and subscribe.
Ballot access
In order to get on the ballot in North Dakota, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for office in a state.
- An individual can seek the nomination of a state-recognized political party.
- An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
- An individual can run as a write-in candidate.
This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in North Dakota. For information about filing requirements for presidential candidates, see "Ballot access requirements for presidential candidates in North Dakota." Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).
Redistricting
- See also: Redistricting in North Dakota
Redistricting is the process by which new congressional and state legislative district boundaries are drawn. North Dakota's one United States Representative and 141 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.[28][29][30][31]
North Dakota was apportioned 1 seat in the U.S. House of Representatives after the 2020 census, the same number it received after the 2010 census.
State process
- See also: State-by-state redistricting procedures
Because North Dakota has only one congressional district, congressional redistricting is not necessary. The state legislature draws state legislative district boundaries. State legislative district lines are subject to veto by the governor.[32]
The North Dakota Constitution requires that state legislative districts be "compact and contiguous."[32][33]
Election administration agencies
Election agencies
- See also: State election agencies
Individuals seeking additional information about voting provisions in North Dakota can contact the following local, state, and federal agencies.
North Dakota County Election Officials
North Dakota Secretary of State, Elections Division
- 600 E. Boulevard Ave., 1st Floor, Dept. 108
- Bismarck, North Dakota 58505-0500
- Telephone: 701-328-4146<be>
- Tollfree: 800-352-0867
- Email: soselect@nd.gov
U.S. Election Assistance Commission
- 633 3rd Street NW, Suite 200
- Washington, DC 20001
- Telephone: 301-563-3919
- Toll free: 1-866-747-1471
Ballotpedia's election coverage
- United States Senate Democratic Party primaries, 2024
- United States House Democratic Party primaries, 2024
- Democratic Party gubernatorial primaries, 2024
- Democratic Party Secretary of State primaries, 2024
- Democratic Party Attorney General primaries, 2024
- State legislative Democratic primaries, 2024
- United States Senate Republican Party primaries, 2024
- United States House Republican Party primaries, 2024
- Republican Party gubernatorial primaries, 2024
- Republican Party Secretary of State primaries, 2024
- Republican Party Attorney General primaries, 2024
- State legislative Republican primaries, 2024
See also
- 2024 election dates and deadlines
- Voting in North Dakota
- Ballot access requirements for political candidates in North Dakota
- Redistricting in North Dakota
Elections in North Dakota
- North Dakota elections, 2023
- North Dakota elections, 2022
- North Dakota elections, 2021
- North Dakota elections, 2020
- North Dakota elections, 2019
- North Dakota elections, 2018
- North Dakota elections, 2017
- North Dakota elections, 2016
- North Dakota elections, 2015
- North Dakota elections, 2014
External links
Footnotes
- ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
- ↑ North Dakota Secretary of State, "Q: What are voting hours in North Dakota?" accessed April 24, 2023
- ↑ Justia, "2022 North Dakota Century Code, Title 16.1 - Elections, Chapter 16.1-01 - General Provisions," accessed April 24, 2023
- ↑ 4.0 4.1 North Dakota Secretary of State, “North Dakota….The Only State Without Voter Registration,” accessed April 24, 2023
- ↑ 5.0 5.1 5.2 5.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 6.0 6.1 North Dakota Secretary of State, "North Dakota Residents Choosing to Vote Absentee or by Mail," accessed April 24, 2023
- ↑ 7.0 7.1 7.2 North Dakota Legislative Branch, “ND Century Code, Section 16.1-07-08,” accessed April 24, 2023
- ↑ 8.0 8.1 8.2 8.3 North Dakota Secretary of State, "ID Requirements for Voting," accessed April 24, 2023
- ↑ The Washington Post, "Federal judge blocks N. Dakota’s voter-ID law, calling it unfair to Native Americans," August 1, 2016
- ↑ National Conference of State Legislatures, "Provisional Ballots," November 4, 2022
- ↑ United States Court of Appeals for the 8th Circuit, "Brakebill v. Jaeger: On Renewed Motion for Stay Pending Appeal," September 24, 2018
- ↑ SCOTUSblog, "Court stays out of North Dakota voting dispute", October 9, 2018
- ↑ United States Court of Appeals for the 8th Circuit, "Brakebill v. Jaeger: Order," June 8, 2018
- ↑ United States Court of Appeals for the Eighth Circuit, "Brakebill v. Jaeger: Opinion," July 31, 2019
- ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," March 9, 2023
- ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
- ↑ North Dakota Legislature, "North Dakota Century Code, Chapter 16.1-13 General Elections," accessed April 24, 2023
- ↑ National Conference of State Legislatures, "Provisional Ballots," November 4, 2022
- ↑ National Conference of State Legislatures, "State Primary Election Types," accessed October 25, 2019
- ↑ FairVote, "Primaries," accessed October 25, 2019
- ↑ Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
- ↑ North Dakota Legislative Branch, "TITLE 16.1 ELECTIONS," accessed April 24, 2023
- ↑ National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023
- ↑ National Conference of State Legislatures, "Post-Election Audits," September 22, 2022
- ↑ National Conference of State Legislatures, "Post-Election Audits," September 22, 2022
- ↑ Election Assistance Commission, "Election Audits Across the United States," accessed August 15, 2023
- ↑ Ballotpedia research conducted in June 2023, researching and analyzing various state websites and codes.
- ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
- ↑ Indy Week, "Cracked, stacked and packed: Initial redistricting maps met with skepticism and dismay," June 29, 2011
- ↑ The Atlantic, "How the Voting Rights Act Hurts Democrats and Minorities," June 17, 2013
- ↑ Redrawing the Lines, "The Role of Section 2 - Majority Minority Districts," accessed April 6, 2015
- ↑ 32.0 32.1 All About Redistricting, 'North Dakota," accessed April 22, 2015
- ↑ North Dakota Constitution, "Article IV, Section 2," accessed April 22, 2015
