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CHAPTER 16.1-06BALLOTS - VOTING MACHINES - ELECTRONIC VOTING SYSTEMS16.1-06-01.Ballots furnished at public expense - Exceptions.Except for localelections, election ballots must be printed and distributed at county expense. For a local election,
the expense must be a charge against the local subdivision in which the election is held. For the
purpose of this chapter, local elections include elections in townships, school districts, cities, and
park districts.16.1-06-02. Ballots prepared by county auditor or local official. For a local election,the ballots must be printed and distributed under the direction of the auditor or clerk of the local
subdivision. For all other elections, ballots must be printed and distributed under the direction of
the county auditor, subject to the supervision and approval of the secretary of state as to the legal
sufficiency of the form, style, wording, and contents of the ballots.16.1-06-03. Official ballots only to be used. The official ballot prepared by the countyauditor or the local auditor or clerk must contain the name of each candidate whose name has
been certified to or filed with such auditor or clerk in the manner provided in this title. Ballots
other than official ballots prepared by the county auditor or local auditor or clerk may not be cast
or counted in any election governed by this title. The list of officers and candidates and the
statements of measures and questions to be submitted to the voters must be deemed an official
ballot in precincts in which electronic voting systems are used.16.1-06-04. Form and quality of ballots generally. All official ballots prepared underthis title must:1.Be printed on uniform quality and color of paper in an ink color suitable to make the
ballot clearly legible and compatible with the electronic voting system requirements
necessary to tabulate the votes.2.Be of sufficient length to contain the names of all candidates to be voted for at that
election.3.Have the language "Vote for no more than _________ name (or names)" placed
immediately under the name of each office.4.Have printed thereon "To vote for the candidate of your choice, you must darken the
oval opposite the name of the candidate. To vote for a person whose name is not
printed on the ballot, write that person's name in the blank space provided for that
purpose and darken the oval opposite the space provided."5.Leave sufficient space for each office to write a name, or names, as the case may
be, in lieu of those printed on the ballot.6.Immediately preceding and on the same line as the name of each candidate must
be printed an oval in which the voter is to mark the voter's choice by darkening the
oval next to the name of the candidate chosen.7.Provide two text boxes in the bottom right-hand corner of the ballot. The first text
box is to contain the words "All ballots, other than those used to vote absentee, must
first be initialed by appropriate election officials in order to be counted." The second
text box is to contain the words "Official Ballot", the name of the county, the name or
number of the precinct, the date of the election, and the word "initials" preceding a
blank line where the judge or inspector shall initial the ballot.All ballots, other thanOfficial Ballotthose used to vote absentee,____________ Countymust first be initialed by____________ Precinctappropriate election officials(Date of the Election)Page No. 1in order to be countedInitials ____________Any precinct that uses an electronic counting machine may require the use of a particularwriting instrument to mark the ballot so the ballots may be properly counted.The ballot must contain the names of all candidates, the contents of measures asrequired by section 16.1-06-09, and the statements of questions to be submitted to the voters.
The ballot must be arranged in a manner and form approximating as far as possible the
requirements of this section.16.1-06-05. Form of general election ballot. The official ballots provided for in this titlefor partisan election at general elections must be prepared as follows:1.The ballots must be of sufficient length and width to contain a continuous listing of
the designation of all the offices to be voted for.2.On the top left-hand side of such ballot must begin a continuous listing of the
designation of each office to be voted for, and under the designation of each office
all of the names of the candidates duly nominated for that office must be printed.3.The names of candidates nominated for each office must appear under the
designation of that office, and under each candidate's name must appear, in smaller
type, the appropriate party designation for each candidate. If a candidate has been
nominated by petition, the designation under that candidate's name, in smaller type,
must be "independent nomination".4.The names of candidates under the designation of each office must be alternated in
the printing of the official ballot in the same manner as is provided for the primary
election ballot.5.The size of type must be as specified by the secretary of state.The list of offices and candidates and the statements of measures and questions to be submitted
to the voters must be arranged on the ballot in a manner and form approximating as far as
possible the requirements of this section.16.1-06-06. General election ballots for persons authorized to vote for presidentialelectors only - Prepared separately - General law governs. In addition to the ballots prepared
pursuant to section 16.1-06-05, ballots must be prepared containing only the names of duly
certified candidates for presidential electors for use by persons authorized to vote for those
offices by law.The provisions of this title regarding the preparation, form, arrangement ofnames, and delivering of ballots must govern in regard to the general election ballot prepared
pursuant to this section. The ballots prepared pursuant to this section must be delivered to
electors who qualify only to vote for presidential electors pursuant to sections 16.1-14-18 and
16.1-14-19.16.1-06-07. Arrangement of names on ballot for presidential electors. Repealed byS.L. 1981, ch. 230,