North Dakota Code 16.1-01-12 – Election offenses – Penalty
1. It is unlawful for an individual, measure committee as described in section 16.1-08.1-01, or other organization to:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
| Class A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 16.1-01-12
- 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 :
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Fraud: Intentional deception resulting in injury to another.
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. 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
- Rule: includes regulation. 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
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. Fraudulently alter another individual’s ballot, substitute one ballot for another, or otherwise defraud a voter of that voter’s vote.
b. Cause a disturbance, breach the peace, or obstruct a qualified elector or a member of the election board on the way to or at a polling place.
c. Vote more than once in any election.
d. Knowingly vote in the wrong election precinct or district.
e. Disobey the lawful command of an election officer as defined in chapter 16.1-05.
f. Knowingly exclude a qualified elector from voting or knowingly allow an unqualified individual to vote.
g. Knowingly vote when not qualified to do so.
h. Sign an initiative, referendum, recall, or any other election petition when not qualified to do so.
i. Circulate an initiative, referendum, recall, or any other election petition not in its entirety or when unqualified to do so.
j. Pay or offer to pay any individual, measure committee, or other organization, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating an initiative, referendum, or recall petition. This subsection does not prohibit the payment of salary and expenses for circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators file the intent to remunerate before submitting the petitions and, in the case of initiative and referendum petitions, fully disclose all contributions received pursuant to chapter 16.1-08.1 to the secretary of state upon submission of the petitions. The disclosure of contributions received under this section does not affect the requirement to file a pre-election report by individuals or organizations soliciting or accepting contributions for the purpose of aiding or opposing the circulation or passage of a statewide initiative or referendum petition or measure placed upon a statewide ballot by action of the legislative assembly under chapter 16.1-08.1. Any signature obtained in violation of this subdivision is void and may not be counted.
k. Willfully fail to perform any duty of an election officer after having accepted the responsibility of being an election officer by taking the oath as prescribed in this title.
l. Willfully violate any rule adopted by the secretary of state pursuant to this title.
m. Willfully make any false canvass of votes, or make, sign, publish, or deliver any false return of an election, knowing the canvass or return to be false; or willfully deface, destroy, or conceal any statement or certificate entrusted to the individual’s or organization’s care.
n. Destroy ballots, ballot boxes, election lists, or other election supplies except as provided by law, or negatively impact the confidentiality, integrity, or availability of any system used for voting.
o. Sign a name other than that individual’s own name to an initiative, referendum, recall, or any other election petition.
p. Willfully submit an initiative or referendum petition that contains one or more fraudulent signatures.
2. a. A violation of subdivisions b, e, f, or h through l of subsection 1 is a class A misdemeanor.
b. A violation of subdivisions a, c, d, g, or m of subsection 1 is a class C felony. c. A violation of subdivision n of subsection 1 is a class C felony.
d. A violation of subdivision o of subsection 1 is a class A misdemeanor if an individual signs one or two names other than the individual’s own name to a petition and is a class C felony if an individual signs more than two names other than the individual’s own name to a petition.
e. An organization, as defined in section 12.1-03-04, that violates this section is subject to the organizational fines in section 12.1-32-01.1. The court in which the conviction is entered shall notify the secretary of state of the conviction and shall order the secretary of state to revoke the certificate of authority of any convicted organization or limited liability company. The organization may not reapply to the secretary of state for authorization to do business under any name for one year upon conviction of a class A misdemeanor and for five years upon conviction of a class C felony under this section, except an organization operating a signature gathering business, or similar enterprise, that violates subdivision p of subsection 1, and is convicted of fraud, is subject to a class A misdemeanor and may not reapply to the secretary of state for authorization to do business under any name for five years following the entry of judgment.
f. A violation of subdivision p of subsection 1 by any member of a measure committee, including an initiative or referendum sponsoring committee or an agent acting on behalf of, or in conjunction with, a measure committee for the purpose of collecting signatures for a petition under this chapter is subject to a civil penalty of not more than three thousand dollars. The civil penalty may be recovered in an action brought in the district court of Burleigh County by the attorney general.
g. An individual who is a member of an organization may be convicted of a violation as an accomplice under section 12.1-03-01.
3. Every act this chapter makes criminal when committed with reference to the election of a candidate is equally criminal when committed with reference to the determination of a question submitted to qualified electors to be decided by votes cast at an election.