North Dakota § 16.1-12-09 Filling vacancy existing on no-party ballot - Petition required - Time of filing

North Dakota Statutes

§ 16.1-12-09 — Filling vacancy existing on no-party ballot - Petition required - Time of filing

North Dakota § 16.1-12-09

Title 16.1Elections

Ch. 16.1-12Certificates of Nomination - Vacancies

This text of North Dakota § 16.1-12-09 (Filling vacancy existing on no-party ballot - Petition required - Time of filing) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 16.1-12-09 (2026).

Text

filing.

1.Whenever a vacancy exists on a no-party ballot for a state office or for judge of a district court, the vacancy may be filled by filing with the secretary of state, before four p.m. on the sixty-fourth day, a written petition as provided in section 16.1-11-06, stating that the petitioner desires to become a candidate for election to the office for which a vacancy exists. The petition for the nomination of any individual to fill the vacancy must be signed by qualified electors equal in number to at least two percent of the total vote cast for the office of governor in the state or district, at the most recent general election at which the office of governor was voted upon, but in no case may more than three hundred signatures be required.

2.Whenever a vacancy exists on a no-part

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filing.
1. Whenever a vacancy exists on a no-party ballot for a state office or for judge of a
district court, the vacancy may be filled by filing with the secretary of state, before
four p.m. on the sixty-fourth day, a written petition as provided in section 16.1-11-06,
stating that the petitioner desires to become a candidate for election to the office for
which a vacancy exists. The petition for the nomination of any individual to fill the
vacancy must be signed by qualified electors equal in number to at least two percent
of the total vote cast for the office of governor in the state or district, at the most recent
general election at which the office of governor was voted upon, but in no case may
more than three hundred signatures be required.
2. Whenever a vacancy exists on a no-party ballot in a county or district within a county,
the vacancy may be filled by filing with the county auditor before four p.m. of the sixty-
fourth day a written petition as provided in section 16.1-11-11, stating the petitioner
desires to become a candidate for election to the office for which a vacancy exists. The
petition for the nomination of any individual to fill the vacancy must be signed by
qualified electors equal in number to at least thirty percent of the total vote cast for the
office of governor at the most recent general election in the county or district at which
the office of governor was voted upon, but in no case may more than three hundred
signatures be required.
3. A vacancy in the no-party ballot must be deemed to exist when:
a. A candidate nominated at the primary election dies, resigns, or otherwise
becomes disqualified to have the candidate's name printed on the ballot at the
general election.
b. No candidates were nominated at the primary election because the office did not
yet exist.
c. The timing of the vacancy in an office makes it impossible to have the office
placed on the ballot.
4. The petition or certificate of endorsement may be filed electronically, through the mail,
or by personal delivery, and must be complete and in the possession of the filing
officer before four p.m. on the sixty-fourth day before the general or special election.