North Dakota Code 16.1-01-04.1 – Identification verifying eligibility as an elector
1. A qualified elector shall provide a valid form of identification to the proper election official before receiving a ballot for voting.
Terms Used In North Dakota Code 16.1-01-04.1
- Ballot: means a paper ballot from which the votes for candidates and questions are tabulated by hand or by a voting system. See North Dakota Code 16.1-06-12
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- qualified elector: means a citizen of the United States who is eighteen years of age or older; and is a resident of this state and of the area affected by the petition. See North Dakota Code 1-01-51
- seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. The identification must provide the following information regarding the elector:
a. Legal name; b. Current residential street address in North Dakota; and c. Date of birth.
3. a. A valid form of identification is:
(1) A driver’s license or nondriver’s identification card issued by the North Dakota department of transportation; or
(2) An official form of identification issued by a tribal government to a tribal member residing in this state.
b. If an individual‘s valid form of identification does not include all the information required under subsection 2 or the information on the identification is not current, the identification must be supplemented by presenting any of the following issued to the individual which provides the missing or outdated information:
(1) A current utility bill; (2) A current bank statement; (3) A check issued by a federal, state, or local government; (4) A paycheck; (5) A document issued by a federal, state, or local government; or
(6) A printed document containing all of the information required by subsection 2 issued by an institution of higher education for an enrolled student residing in the state and containing the institution’s letterhead or seal, along with a student photo identification card issued by the institution and containing the student’s photograph and legal name.
4. The following forms of identification are valid for the specified individuals living under special circumstances who do not possess a valid form of identification under subsection 3.
a. For an individual living in a long-term care facility, a long-term care certificate prescribed by the secretary of state and issued by a long-term care facility in this state; b. For a uniformed service member or immediate family member temporarily stationed away from the individual’s residence in this state, or a resident of the state temporarily living outside the country, a current military identification card or passport; and
c. For an individual living with a disability that prevents the individual from traveling away from the individual’s home, the signature on an absentee or mail ballot application from another qualified elector who, by signing, certifies the applicant is a qualified elector.
5. If an individual is not able to show a valid form of identification but asserts qualifications as an elector in the precinct in which the individual desires to vote, the individual may mark a ballot that must be set aside securely in a sealed envelope designed by the secretary of state. After the ballot is set aside, the individual may show a valid form of identification to the election official responsible for the administration of the election via print or electronic means before the meeting of the canvassing board occurring on the thirteenth day after the election. Each ballot set aside under this subsection must be presented to the members of the canvassing board for proper inclusion or exclusion from the tally.
6. If an individual presents a nondriver identification card issued under subsection 2 of section 39-06-03.1 or an operator’s license issued under section 39-06-14, and the card or license indicates the individual is a noncitizen, but the individual asserts valid citizenship, the individual may mark a ballot that must be set aside securely in a sealed envelope designed by the secretary of state. After the ballot is set aside, the individual may present a nondriver identification card issued under subsection 2 of section 39-06-03.1 or an operator’s license issued under section 39-06-14 that no longer reflects that the individual is a noncitizen, to the election official responsible for the administration of the election via print or electronic means before the meeting of the canvassing board occurring on the thirteenth day after the election. Each ballot set aside under this subsection must be presented to the members of the canvassing board for proper inclusion in or exclusion from the tally. This section does not affect any associated consent decree or administrative rules adopted related to a consent decree consented to or enacted before August 1, 2023.
7. The secretary of state shall develop uniform procedures for the requirements of subsections 5 and 6 which must be followed by the election official responsible for the administration of the election.