North Dakota Code 16.1-01-08 – Correcting errors on ballots – Requiring performance of duty – Correcting or prosecuting wrongful performance
1. The secretary of state shall investigate thoroughly, when the matter comes to the secretary of state’s attention, any of the following:
Terms Used In North Dakota Code 16.1-01-08
- 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
- candidate: means :
- 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
- 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
a. Any error or omission that has occurred or is about to occur in placing any name on an official election ballot; however, a factual dispute regarding a candidate‘s residency may be resolved only by a court order.
b. Any error that has been or is about to be committed in printing the ballot.
c. Any wrongful act that has been or is about to be done by any judge or election clerk, county auditor, canvassing board, a canvassing board member, or any other individual charged with any duty concerning the election.
d. Any neglect of duty which has occurred or is about to occur.
2. If required, the secretary of state shall order the officer or individual charged with the error, wrong, or neglect to correct the error, desist from the wrongful act, or perform any required duty. The secretary of state may call upon any county auditor for aid in investigating and correcting the problem. The secretary of state shall cause any individual who violates the secretary of state’s order to be prosecuted if the violation constitutes an offense pursuant to this chapter. If the administrative remedies fail to correct the problem, or if the secretary of state refuses to act, any individual may petition the supreme court, or the district court of the relevant county if the election of a county officer is involved, for an order compelling the correction of the error, wrong, neglect, or act.