§ 16.1-14.1-06 — Elector voting

North Dakota § 16.1-14.1-06

• Jurisdiction: North Dakota
• Title 16.1: Elections
• Ch. 16.1-14.1: Uniform Faithful Presidential Electors Act

Text

2. The position of an elector not present to vote is vacant. The secretary of state shall
appoint an individual as a substitute elector to fill a vacancy as follows:
a. If the alternate elector is present to vote, by appointing the alternate elector for
the vacant position;
b. If the alternate elector for the vacant position is not present to vote, by appointing
an elector chosen by lot from among the alternate electors present to vote who
were nominated by the same political party;
c. If the number of alternate electors present to vote is insufficient to fill any vacant
position pursuant to subdivisions a and b, by appointing any immediately
available individual who is qualified to serve as an elector and chosen through
nomination by and plurality vote of the remaining electors, including nomination
and vote by a single elector if only one remains;
d. If there is a tie between at least two nominees for substitute elector in a vote
conducted under subdivision c, by appointing an elector chosen by lot from
among those nominees; or

e. If all elector positions are vacant and cannot be filled pursuant to subdivisions a
through d, by appointing a single presidential elector, with remaining vacant
positions to be filled under subdivision c and, if necessary, subdivision d.
3. To qualify as a substitute elector under subsection 2, an individual who has not
executed the pledge required under section 16.1-14.1-03 shall execute the following
pledge: "I agree to serve and to mark my ballots for president and vice president
consistent with the pledge of the individual to whose elector position I have
succeeded."
16.1-14.1-06. Elector voting.
1. At the time designated for elector voting and after all vacant positions have been filled
under section 16.1-14.1-05, the secretary of state shall provide each elector with a
presidential and a vice presidential ballot. The elector shall mark the elector's
presidential and vice presidential ballots with the elector's votes for the offices of
president and vice president, respectively, along with the elector's signature and the
elector's legibly printed name.
2. Except as otherwise provided by law other than this chapter, each elector shall present
both completed ballots to the secretary of state, who shall examine the ballots and
accept as cast all ballots of electors whose votes are consistent with their pledges
executed under section 16.1-14.1-03 or subsection 3 of section 16.1-14.1-05. Except
as otherwise provided by law other than this chapter, the secretary of state may not
accept and may not count either an elector's presidential or vice presidential ballot if
the elector has not marked both ballots or has marked a ballot in violation of the
elector's pledge.
3. An elector who refuses to present a ballot, presents an unmarked ballot, or presents a
ballot marked in violation of the elector's pledge executed under section 16.1-14.1-03
or subsection 3 of section 16.1-14.1-05 vacates the office of elector, creating a vacant
position to be filled under section 16.1-14.1-05.
4. The secretary of state shall distribute ballots to and collect ballots from a substitute
elector and repeat the process under this section of examining ballots, declaring and
filling vacant positions as required, and recording appropriately completed ballots from
the substituted electors, until all of this state's electoral votes have been cast and
recorded.