§ 16.1-15-01 — Ballots void and not counted - Part of ballot may be counted

1. In the canvass of the votes at any election, a ballot is void and may not be counted if:
a. It is not endorsed with the initials as provided in this title; or
b. It is impossible to determine the elector's choice from the ballot or parts of a
ballot, and in the case of voting systems, based upon the criteria established by
the secretary of state for determining what constitutes a vote under section
16.1-06-26.
2. With the exception that a voter must, for paper ballots, darken the oval next to the
preprinted name of a candidate or the name of a write-in candidate written on the
ballot, if a ballot is marked so only a part of the voter's intention can be determined, the
election judges shall count such part. If an elector votes for more than the number of
persons to be elected to any office, the elector's ballot may be invalidated only insofar
as the elector's vote for such office is concerned, and the balance of the elector's
ballot, if otherwise proper, may not be invalidated. However, at primary elections only,
a party ballot is void if the elector votes for candidates of more than one party.