Current through 2023 Legislative Sessions
Section 16.1-06-14 - Requirements for voting systemsAny voting system used in an election in this state must:
1. Provide facilities for voting for nominated candidates, for persons not in nomination, and upon questions or measures submitted to the voters.2. Permit each voter to vote for as many persons for any office as the voter is entitled to vote for, and must allow each voter to vote in primary elections for candidates for nomination by the political party of the voter's choice, but the system must preclude each voter from voting for more persons for any office than the voter is entitled to vote for, from voting more than once for the same candidate or upon the same measure or question submitted to the voters, or voting the ballot of more than one political party in any primary election.3. Permit each voter, insofar as is possible, by the replacement of spoiled ballots, to change the voter's vote for any candidate, or upon any measure or question submitted to the voters, up to the time the voter begins the final operation to register the voter's vote.4. Permit and require secrecy while voting, and be constructed and controlled so no other individual can see or know for whom an elector has voted or is voting, except an individual assisting in marking the ballot at the request of the elector as prescribed by law, and no individual is able to see or know the number of votes registered for any candidate while the polls are open.5. Be provided with a procedure by the use of which, immediately after the polls are closed, all voting is prevented.6. Be so constructed that when properly operated the system shall register or record correctly and accurately every vote cast.7. Be so constructed that a voter may readily learn the method of operating the system.8. Permit voting by ballot or by entering directly into a computer or other device by means of a touchscreen or other data entry device.9. Permit voting for presidential electors by making only one mark.10. Permit write-in voting and absentee voting.11. Permit the rotation of names of candidates on ballots as required by this title.12. Fulfill the criteria and standards established by the secretary of state according to section 16.1-06-26.Amended by S.L. 2023 , ch. 204( HB 1192 ), § 3, eff. 8/1/2023.Amended by S.L. 2021 , ch. 164( HB 1253 ), § 30, eff. 8/1/2021.