§ 16.1-01-08 — Correcting errors on ballots - Requiring performance of duty - Correcting or prosecuting wrongful performance

or prosecuting wrongful performance.
1. The secretary of state shall investigate thoroughly, when the matter comes to the
secretary of state's attention, any of the following:
a. Any error or omission that has occurred or is about to occur in placing any name
on an official election ballot; however, a factual dispute regarding a candidate's
residency may be resolved only by a court order.
b. Any error that has been or is about to be committed in printing the ballot.
c. Any wrongful act that has been or is about to be done by any judge or election
clerk, county auditor, canvassing board, a canvassing board member, or any
other individual charged with any duty concerning the election.
d. Any neglect of duty which has occurred or is about to occur.
2. If required, the secretary of state shall order the officer or individual charged with the
error, wrong, or neglect to correct the error, desist from the wrongful act, or perform
any required duty. The secretary of state may call upon any county auditor for aid in
investigating and correcting the problem. The secretary of state shall cause any
individual who violates the secretary of state's order to be prosecuted if the violation
constitutes an offense pursuant to this chapter. If the administrative remedies fail to
correct the problem, or if the secretary of state refuses to act, any individual may
petition the supreme court, or the district court of the relevant county if the election of a

county officer is involved, for an order compelling the correction of the error, wrong,
neglect, or act.