§ 16.1-05-01 — Election officers

At each primary, general, and special statewide or legislative district election, and at county
elections, each polling place must have an election board in attendance. The election board
must consist of an election inspector and at least two election judges. Counties utilizing polling
places containing more than one precinct may choose to use one election board to supervise all
precincts even if the precincts are within different legislative districts so long as each district
chairman of each qualified political party is given the opportunity to have representation on the
election board if desired. Appointing part-time election inspectors, judges, and poll clerks is
permitted if there is sufficient coverage at each polling place to satisfy the requirements of
subsection 4 of section 16.1-05-04.
1. The election inspector must be selected in the following manner:
a. Except as provided in subdivision b, in all precincts established by the governing
body of an incorporated city pursuant to chapter 16.1-04, the governing body
shall appoint the election inspectors for those precincts and fill all vacancies
occurring in those offices.
b. In all multiprecinct polling places containing both rural and city precincts, the
county auditor, with the approval of the majority of the board of county
commissioners, shall appoint the election inspectors and fill all vacancies
occurring in those offices. The selection must be made on the basis of the
inspector's knowledge of the election procedure.
c. The election inspector shall serve until a successor is named. If an inspector fails
to appear for any training session without excuse, the office is deemed vacant
and the auditor shall appoint an individual to fill the vacancy.
d. All appointments required to be made under this section must be made at least
forty days preceding an election.
2. The election judges must be appointed in the following manner:
a. Except as provided in subdivision b:
(1) The election judges for each polling place must be appointed in writing by
the district chairs representing the two parties that cast the largest number
of votes in the state at the last general election. In polling places in which
over one thousand votes are cast in any election, the county auditor may
request each district party chair to appoint an additional election judge.
(2) The district party chair shall notify the county auditor of the counties in which
the precincts are located of the appointment of the election judges at least
forty days before the primary, general, or special election. If this notice is not
received within the time specified in this section, the county auditor shall
appoint the judges and provide notice of the appointment to the district party
chair. If the county auditor has exhausted all practicable means to select
judges from within the boundaries of the precincts within the polling place
and vacancies still remain, the county auditor may select election judges
who reside outside of the voting precinct but who reside within the polling
place's legislative districts. If vacancies still remain, the county auditor may
select election judges who reside outside of the legislative districts but who
reside within the county.
b. For special elections involving only no-party offices, the election official
responsible for the administration of the election, with the approval of the majority
of the members of the applicable governing body, shall appoint the election
judges for each polling place.
3. If at any time before or during an election, it appears to a county auditor that any
election judge is disqualified under this chapter, the auditor shall order the election
inspector to remove that judge at once and fill the vacancy by appointing a qualified
individual of the same political party as that of the judge removed. If the disqualified

judge had taken the oath of office as prescribed in this chapter, the inspector shall
place the oath or affidavit before the state's attorney of the county.
4. The election official responsible for the administration of the election, with the approval
of the majority of the members of the applicable governing body, shall appoint the poll
clerks for each polling place. At least two poll clerks must be appointed for each polling
place. Poll clerks must be appointed based on their knowledge of election matters,
attention to detail, and any necessary technical knowledge.