§ 16.1-07-31 — Prohibition of nonessential requirements

1. If a voter's mistake or omission in the completion of a document under sections
16.1-07-18 through 16.1-07-33 does not prevent determining whether a covered voter
is eligible to vote, the mistake or omission does not invalidate the document. Failure to
satisfy a nonessential requirement, such as using paper or envelopes of a specified
size or weight, does not invalidate a document submitted under this chapter. In any
write-in ballot authorized by law, if the intention of the voter is discernable, as provided
under the Help America Vote Act [42 U.S.C. 15481(a)(6)], an abbreviation, misspelling,
or other minor variation in the form of the name of a candidate or a political party must
be accepted as a valid vote.
2. Notarization is not required for the execution of a document under sections 16.1-07-18
through 16.1-07-33. An authentication, other than the declaration specified in section
16.1-07-27 or the declaration on the federal postcard application and federal write-in
absentee ballot, is not required for execution of a document under sections 16.1-07-18
through 16.1-07-33. The declaration and any information in the declaration may be
compared against information on file to ascertain the validity of the document.