Proposed measure revamps election laws

Aug 23, 2023

Aug 31, 2023

File Photo Election workers are busy as voters line up to cast ballots at the Maysa Arena poll center in Minot in the general election on Nov. 8, 2022. Poll centers would go away under a proposed initiated measure.

A petition for a constitutional measure that would eliminate early voting and return the state to hand-counted paper ballots has been submitted to the North Dakota Secretary of State for approval for circulation.

The proposed Election Integrity Act Initiative would make comprehensive changes to the state’s election system, impacting who can propose constitutional measures, circulation of measure petitions, how candidates are nominated, election processes and public access to review ballots after an election.

The Secretary of State has until Sept. 8 to act on the petition. The sponsoring committee, chaired by Lydia Gessele of Chaseley, would need to submit petitions with 31,164 valid signatures by Feb. 12 to get on the June primary ballot or by July 8 to get on the November general election ballot in 2024.

Rep. Jeff Hoverson, R-Minot, who is among individuals on the sponsoring committee, said he supports the use of paper ballots and hand counting. He introduced a bill that would have made that change, which legislators defeated.

“I know it’s a big step. I know the legislators would never do it, but maybe the people would,” he said. “I think it’s really important we take a serious turn towards paper ballots, smaller precincts, hand counting – move away from the machine and the mail-in ballots.”

Election integrity is needed given problems with ballot harvesting that comes with mail-in ballots and other election-related issues experienced in other areas of the country, Hoverson said.

“North Dakota may not be the worst, but we could be a leader,” he said.

The constitutional amendment proposed in the initiative states, “Since voting integrity is essential for a free state, all voting in North Dakota elections shall be done by paper ballots and counted by hand on the day of the election.”

Among other changes the proposed initiative makes to current practices is that all elections would need to be administered by a duly-elected county auditor. While counties often run elections for cities, not all cities choose to do so, and township elections currently are locally conducted.

Political parties would qualify to nominate candidates for offices by paying a registration fee of $150 to the Secretary of State rather than by establishing themselves through meeting vote-count thresholds at previous elections or by collecting signatures on petitions. Requiring a political party to gather petition signatures to qualify its candidates would be prohibited.

The measure also would require all county precincts to have a polling place, eliminating vote centers such as Ward County has implemented. Polling places also must have a paper poll book specific to that precinct. Currently, electronic poll books are used. Ballots would need to be watermarked and bear the county seal.

The proposed act prohibits the state or political subdivisions from accepting non-government, election-related funding.

Provisions in the proposed measure related to ballot petitions include:

– Recall provisions in the constitution for state and county elected officials would apply to all political subdivisions. Circulators of petitions for recalls or audits would have a year to collect signatures (currently a year for state and county and 90 days for political subdivisions other than townships,180 days for audits).

– Circulators of petitions to initiate or refer measures would have three years to collect signatures (currently one year for initiatives and 90 days after a law’s filing for referendums).

-Constitutional amendments can be proposed only by initiated measure, not placed on the ballot by the Legislature.

-Petition circulators must be at least 18 years old, U.S. citizens or sovereign individuals and may be paid by the hour, signature or by any other method. They need not be North Dakota residents or residents of the political subdivision addressed in the petition.

-Petitions may be circulated on all public property without restriction.

-Online petitions are prohibited.

-Circulators and sponsoring committees would be immune from any criminal or civil liability connected with circulation or membership on a sponsoring committee.

Provisions of the proposed measure dealing with election operations include:

-Voters must present proof of their qualification to vote, consisting of a photo ID, state-issued ID, U.S. passport, the last four digits of their Social Security number or an Affidavit of Truth.

-Ranked-choice voting is prohibited.

-Ballot boxes shall be monitored and secured. Public drop boxes are prohibited.

-Absentee ballots would be mailed if requested in a reasonable time. Mail-in ballots otherwise are prohibited.

-Someone chosen by a voter to return an absentee ballot may not return more than two absentee ballots in the same election.

-Absentee ballots must be mailed or returned in person to the office of an election official. Ballots must be received the day before election day by 8 p.m.

-Absentee ballots must be counted and results announced to the public before other ballots are counted.

-Election Day voting must end at 8 p.m. Early voting polls are prohibited.

-Any voter can observe any aspect of the election process and the auditable voting system. If denied, a special election will be conducted within 60 days to replace the defective election.

Post-election rules would include:

-Each paper ballot would be scanned electronically, including rejected and corrected ballots, and preserved. These electronic versions must be made immediately available for download on the Secretary of State’s website for at least six years.

-A paper copy of scanned ballots from any election is to be made available to any individual upon request and payment of a nominal fee set by the Office of the Auditor.

-Results of an election or the qualifications of a candidate to be on the ballot can be challenged at any time.

-Any voter, upon providing a preponderance of evidence of voter or election fraud, may submit a written request to the North Dakota Auditor, who would have 14 days to begin a forensic audit.

Anyone who violates the act, if it is approved by voters, would be subject to a fine of $1,000 to $10,000 and could face personal civil liability brought by those whose rights were violated.

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