North Dakota Code 16.1-15-01 – Ballots void and not counted – Part of ballot may be counted
1. In the canvass of the votes at any election, a ballot is void and may not be counted if:
Terms Used In North Dakota Code 16.1-15-01
- 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 :
- paper: means any flexible material upon which it is usual to write. See North Dakota Code 1-01-27
- 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
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. It is not endorsed with the initials as provided in this title; or
b. It is impossible to determine the elector’s choice from the ballot or parts of a ballot, and in the case of voting systems, based upon the criteria established by the secretary of state for determining what constitutes a vote under section 16.1-06-26.
2. With the exception that a voter must, for paper ballots, darken the oval next to the preprinted name of a candidate or the name of a write-in candidate written on the ballot, if a ballot is marked so only a part of the voter’s intention can be determined, the election judges shall count such part. If an elector votes for more than the number of persons to be elected to any office, the elector’s ballot may be invalidated only insofar as the elector’s vote for such office is concerned, and the balance of the elector’s ballot, if otherwise proper, may not be invalidated. However, at primary elections only, a party ballot is void if the elector votes for candidates of more than one party.