North Dakota Code 61-06-13 – Ballot at irrigation district elections – Contents – Mail ballots
1. At least fifteen days before an election in an irrigation district, the secretary shall prepare and have printed an official ballot containing the names of all candidates which have been filed with the secretary. The ballot must:
Terms Used In North Dakota Code 61-06-13
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Individual: means a human being. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
a. Be headed “Official Ballot”; b. Contain all names thus filed; c. Show the name of the district; d. State the number of individuals to be voted for; e. Have blank spaces below for writing in other names; and
f. State any question or resolution submitted to the electors by the board of directors.
2. The provisions of this chapter do not prevent an individual desiring to be a candidate at the election and who has failed to file as provided in this chapter, from furnishing stickers to be attached to the ballot by the electors. The stickers may not be over one-half inch [1.27 centimeters] in width and must have printed thereon one name only.
3. If the election is not held by mail ballot any elector who will be absent from the irrigation district on the day of the election may vote an absent voter’s ballot at that election. The secretary shall provide the official ballot to any elector who applies for an absent voter’s ballot, and the absent voter shall submit the absent voter’s ballot to the secretary of the district, along with an affidavit that the ballot submitted represents the elector’s vote at the election, on or before the day of the election. An absent voter’s ballot must be the official ballot, and the ballot and affidavit must be actually delivered to the secretary or the election board before the polls close on election day. The secretary shall submit any absent voters’ ballots to the election board on the day of the district election.
4. If the board of directors of the irrigation district determines to hold the election by mail ballot, the secretary of the board of directors shall mail an official mail ballot with a return identification envelope and instructions sufficient to describe the voting process to each elector on the fifteenth day before the election. The voting instructions must contain a statement informing the elector that the elector is entitled to complete the mail ballot in secrecy. The secretary shall mail the ballot by first-class mail, addressed to the address of the elector and placed in an envelope that is prominently marked “Do Not Forward”. The return identification envelope must include an affidavit for the elector to certify that the ballot submitted represents the elector’s vote. An elector entitled to cast more than one vote must be provided separate ballots for each vote to which the elector is entitled, and a return envelope with instructions sufficient to keep the ballots secret. An elector may obtain a replacement ballot if a mail ballot is destroyed, spoiled, lost, or not received by the elector by signing a sworn statement that the ballot was destroyed, spoiled, lost, or not received and delivering the statement to the secretary of the district no later than four p.m. on the day before the election. An elector voting by mail ballot shall either deliver the mail ballot to the secretary of the district before five p.m. on the day of the election or mail the ballot, which must be postmarked no later than the day before the election.