Voting in North Dakota
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Voting policies are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which American citizens cast their ballots in their individual states.
This page includes the following:
- Voter registration details, including methods of registering and requirements
- Details on voting in elections, including identification requirements, poll times, and primary election type
- Absentee/mail-in voting rules[1]
- Early voting rules
- Convicted felons' voting rights
- Election administration costs report
- Election agencies list
- Election policy ballot measures list
- Election policy legislation list
Voter registration
North Dakota is the only state that does not require voter registration.[2]
| “ | Although North Dakota was one of the first states to adopt voter registration prior to the turn of the century, it abolished it in 1951. It is also worth noting that North Dakota law still provides cities with the ability to register voters for city elections. North Dakota is a rural state and its communities maintain close ties and networks. North Dakota's system of voting, and lack of voter registration, is rooted in its rural character by providing small precincts. Establishing relatively small precincts is intended to ensure that election boards know the voters who come to the polls to vote on Election Day and can easily detect those who should not be voting in the precinct.[3] | ” |
| —North Dakota Secretary of State[2] | ||
Voting in elections
Voter identification
- See also: Voter identification laws by state
North Dakota requires voters to present identification while voting. Identification must include the voter’s name, current North Dakota residential address, and date of birth.[4]
Voters can present the following forms of information:
- Driver’s license
- Nondriver’s identification card
- Tribal government-issued identification (including those issued by the Bureau of Indian Affairs (BIA) for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address)
- Long-term care identification certificate (provided by North Dakota facility)
If a voter does not have a form of identification that includes his or her current North Dakota residential address or date of birth, the voter can present the following supplemental documents:
- Current utility bill
- Current bank statement
- Check or a document issued by a federal, state, local, or tribal government (including those issued by BIA for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address)
- Paycheck
Voters who cast absentee ballots or vote by mail must include a valid form of identification with their ballot. North Dakota residents living outside of the United States can submit a U.S. Passport or Military ID if they do not have a valid form of identification. A voter who has a disability that prevents them from leaving his or her home and is unable to obtain a valid form of identification "must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility."[4]
Background
On August 1, 2016, a federal court enjoined North Dakota's voter identification requirement that prevented state officials from enforcing the requirement in upcoming elections. Prior to this, the state required voters to present one of the following forms of identification at the polls: a state driver's license, a state identification card, a tribal government identification card, or an "alternative form of ID prescribed by the secretary of state."[5]
On April 24, 2017, Governor Doug Burgum (R) signed into law HB 1369, which reestablished the state's voter ID requirement. According to the National Conference of State Legislatures, "the law permits those who do not bring ID to the polls to cast a ballot that is 'set aside' until the voter presents valid ID. ... The bill also allows voters to present alternative documents, such as utility bills or bank statements, if the ID presented does not contain all required information."[6]
On April 3, 2018, the United States District Court for the District of North Dakota enjoined enforcement of sections of the state's voter ID law. The state appealed this decision to the United States Court of Appeals for the 8th Circuit, requesting that the court lift the injunction. On September 24, 2018, the Eighth Circuit granted the state's request for a stay of the district court's decision, allowing for enforcement of those sections of the state's voter ID law enjoined by the district court. On September 27, 2018, opponents of the state's voter ID law petitioned the Supreme Court of the United States for a stay of the Eighth Circuit's decision. On October 9, 2018, the Supreme Court voted 6 to 2 to deny this request.[7][8][9]
On July 31, 2019, a three-judge panel of the United States Court of Appeals for the Eighth Circuit issued a 2-1 ruling finding that the district court had erred in enjoining enforcement of sections of the state's voter ID law. The appellate court, therefore, vacated the lower court's order, allowing the law as enacted to stand.[10] As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[11][12]
Poll times
- See also: State poll opening and closing times
Polling locations cannot open earlier than 7:00 a.m. and must be open by 9:00 a.m. with the exception of those precincts in which fewer than 75 votes were cast in the last general election. The governing body of the exempt polling locations may direct the polls to open no later than 12:00 noon. All polling locations must remain open until 7:00 p.m. and close by 9:00 p.m. at the latest. An individual who is in line at the time polls close must be allowed to vote. North Dakota is divided between Central and Mountain time zones.[13][14]
Primary election type
- See also: Primary elections in North Dakota
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. A primary election is also sometimes used to choose convention delegates and party leaders; however, these selection processes can vary from state to state and party to party within a state. In North Dakota, precinct, district, and state party officials are selected at party caucuses and conventions, not at the state-administered primary election. Primaries are state-level and local-level elections that take place prior to a general election. North Dakota utilizes an open primary system, in which voters do not have to be members of a party to vote in that party's primary.[15][16][17]
Absentee voting
- See also: Absentee voting
All voters are eligible to vote absentee in North Dakota. There are no special eligibility requirements for voting absentee.[18]
There is no specific deadline for applying for an absentee ballot. The completed ballot must be postmarked at least one day before the election.[18]
Early voting
- See also: Early voting
North Dakota permits early voting. Learn more by visiting this website.
As of April 2021, 38 states and the District of Columbia permitted early voting. Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit early voting, a voter does not have to provide an excuse for being unable to vote on election day. States that do not permit early voting still permit some or all citizens to vote early by mail—often known as absentee voting. Some states allow no-excuse absentee voting, while others require an excuse. States that allow in-person absentee voting without an excuse are counted among early voting states. Click here for early voting laws by state.[19]
Convicted felons' voting rights
- See also: Voting rights for convicted felons
In North Dakota, individuals serving time in prison because of a felony conviction do not have a right to vote. Voting rights are automatically regained upon release from prison. Click here for more information regarding an incarcerated individual's rights in North Dakota.
Voting rights for convicted felons vary from state to state. In the majority of states, convicted felons cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[20][21]
Election administration costs
National Conference of State Legislatures report, 2018
On February 14, 2018, the National Conference of State Legislatures (NCSL) released a report on the costs of election administration in the states: "The Price of Democracy: Splitting the Bill for Elections." The report's authors noted that "no one knows how much [states] spend on elections ... [because] good research on election costs is slim." Generally, local units of government (most often counties, but sometimes cities and towns) are primarily responsible for election administration costs, though states and the federal government may also contribute. The report identified the states listed in the table below as assuming financial responsibility for at least some aspects of election administration.[22]
To access the complete NCSL report, click here.
| Election administration costs assumed by state | |||
|---|---|---|---|
| State pays all expenses for federal or state elections | State bears a portion of election costs | State pays for statewide special elections or statewide elections that don’t coincide with regularly scheduled elections | State pays for primary elections (statewide, presidential, or both) |
| Alaska Delaware |
Alabama Colorado Hawaii Kentucky Louisiana Rhode Island |
Arkansas Florida Iowa Michigan Missouri New Jersey North Dakota Ohio Oregon Pennsylvania Tennessee Washington West Virginia |
Arizona Arkansas Idaho Kansas Michigan Minnesota Missouri South Carolina Tennessee Texas Virginia Washington |
| Note: If a state is not listed above, it was not included in the report. Source: National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018 | |||
Election administration cost database
The office of the North Dakota Secretary of State maintains a document detailing total election administration costs in the state. That document is accessible here.
Election agencies
- See also: State election agencies
Individuals seeking additional information about voting provisions in North Dakota can contact the following state and federal agencies.
North Dakota Secretary of State, Elections Division
- 600 E. Boulevard Ave., Dept. 108, 1st Floor
- Bismarck, North Dakota 58505-0500
- Telephone: 701-328-4146
- Email: soselect@nd.gov
U.S. Election Assistance Commission
- 1335 East West Highway, Suite 4300
- Silver Spring, Maryland 20910
- Telephone: 866-747-1471
Election policy ballot measures
Ballotpedia has tracked the following ballot measures relating to election and campaign policy in North Dakota.
- North Dakota County Officers to be Elected Referendum, Amendment 1 (1952)
- North Dakota County Official Term Lengths, Initiative 2 (1962)
- North Dakota Date of Presidential Primary Election Referendum (1924)
- North Dakota Election Law Revision Referendum, Measure 8 (1980)
- North Dakota Election of County Officers, Constitutional Measure 1 (2002)
- North Dakota Election of County Officials, Measure 2 (1998)
- North Dakota Elective Franchise Referendum, Amendment 2 (1978)
- North Dakota Electors Residence Requirements Referendum (1922)
- North Dakota Executive Branch Officer Election, Measure 2 (2000)
- North Dakota Federal Funds for Political Purposes Initiative (1936)
- North Dakota Filling of Judicial Vacancies, Measure 1 (1998)
- North Dakota Future Governor and Lieutenant Governor Elections Referendum, Measure 4 (1982)
- North Dakota Joint Governor and Lieutenant Ballot Referendum, Amendment 1 (1974)
- North Dakota Judicial Officers Referendum, Amendment 5 (1980)
- North Dakota Judicial Reform Referendum, Number 5 (1968)
- North Dakota Legislative Assembly Vacancy Filling, Measure 4 (2000)
- North Dakota Legislator Qualifications Referendum, Amendment 1 (1976)
- North Dakota Measure 1, Ethics Commission, Foreign Political Contribution Ban, and Conflicts of Interest Initiative (2018)
- North Dakota New Residents Presidential Voting Referendum, Number 2 (1966)
- North Dakota Non-partisan Election Initiative (1921)
- North Dakota Nonpartisan Elections Referendum (1924)
- North Dakota Partisan Elections Initiative (1921)
- North Dakota Party Central Committees Referendum (1924)
- North Dakota Presidential Preference and June Primary Referendum, Measure 7 (1980)
- North Dakota Repeal Limits on Legislator Elections and Appointments, Referendum 2 (1964)
- North Dakota Repeal Limits on Legislator Elections and Appointments, Referendum 3 (1962)
- North Dakota Residence Requirements of Electors Referendum (1920)
- North Dakota Rules for Appointing Supreme Court Justices, Measure 2 (1990)
- North Dakota Secret Primary Ballot, Initiative 3 (1962)
- North Dakota State Legislative Term Limits and Ballot Instruction Measure, Measure 5 (1996)
- North Dakota State Treasurer Not Elected, Measure 3 (2000)
- North Dakota State and County Official Term Lengths, Initiative 5 (1964)
- North Dakota Tax Commissioner Election Initiative (1938)
- North Dakota Tax Commissioner on Party Ballot Referendum, Measure 2 (1986)
- North Dakota Voter Pamphlet, Referendum 1 (1964)
Election policy legislation
The following is a list of recent election bills that have been introduced in or passed by the North Dakota state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Recent news
The link below is to the most recent stories in a Google news search for the terms North Dakota voting. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
Elections in North Dakota
- North Dakota elections, 2022
- North Dakota elections, 2021
- North Dakota elections, 2020
- North Dakota elections, 2019
- North Dakota elections, 2018
- North Dakota elections, 2017
- North Dakota elections, 2016
- North Dakota elections, 2015
- North Dakota elections, 2014
External links
Footnotes
- ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
- ↑ 2.0 2.1 North Dakota Secretary of State, “North Dakota….The Only State Without Voter Registration,” accessed October 4, 2019
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 North Dakota Secretary of State, "ID Requirements for Voting," accessed October 7, 2019
- ↑ The Washington Post, "Federal judge blocks N. Dakota’s voter-ID law, calling it unfair to Native Americans," accessed August 1, 2016
- ↑ National Conference of State Legislatures, "Provisional Ballots," accessed October 8, 2019
- ↑ United States Court of Appeals for the 8th Circuit, "Brakebill v. Jaeger: On Renewed Motion for Stay Pending Appeal," September 24, 2018
- ↑ SCOTUSblog, "Court stays out of North Dakota voting dispute", October 9, 2018
- ↑ United States Court of Appeals for the 8th Circuit, "Brakebill v. Jaeger: Order," June 8, 2018
- ↑ United States Court of Appeals for the Eighth Circuit, "Brakebill v. Jaeger: Opinion," July 31, 2019
- ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
- ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
- ↑ North Dakota Secretary of State, "Election Calendar 2020," accessed October 17, 2019
- ↑ North Dakota Secretary of State, "2017-2019 North Dakota Election Laws," accessed October 17, 2019
- ↑ National Conference of State Legislatures, "State Primary Election Types," accessed October 25, 2019
- ↑ FairVote, "Primaries," accessed October 25, 2019
- ↑ Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
- ↑ 18.0 18.1 North Dakota Secretary of State, "North Dakota Residents Choosing to Vote Absentee or by Mail," accessed October 15, 2019
- ↑ National Conference of State Legislatures, "State Laws Governing Early Voting," August 2, 2019
- ↑ National Conference of State Legislatures, "Felon Voting Rights," accessed July 15, 2014
- ↑ American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed September 13, 2019
- ↑ National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018
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