16.1-15 Canvass of Votes - Canvassing Boards - North Dakota Statutes

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CHAPTER 16.1-15CANVASS OF VOTES - CANVASSING BOARDS16.1-15-01. 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; orb.It is impossible to determine the elector's choice from the ballot or parts of a
ballot, and in the case of electronic voting systems, based upon the criteria
established by the secretary of state for counting votes on each electronic
voting system authorized for procurement and use in the state according to
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 thenumber 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.16.1-15-02. Board of election to generate canvass reports - Location - Public mayattend. After the polls are closed, the inspector of elections and the judges shall immediately
generate the canvass report from the electronic voting system.The ballots counted by themachine must be equal in number with the names on the poll clerks' lists. If the numbers are not
equal, the pollbooks are to be rechecked to find the discrepancy. The canvass shall continue
without adjournment until completed and must be open to the public. Except in unusual and
compelling circumstances, the canvass shall occur at the polling place. If good and substantial
reasons exist for the removal of the ballots and election records to another location for canvass,
the other location must be in the same precinct and the removal must be approved by the
election board. In no case may the ballots be removed to another location prior to generating the
canvass report after the ballot boxes have been opened. Upon approval of a change of location
by the election board as provided in this section, the approximate time and location of the
canvass must be prominently posted on the main entrance to the polling place, the ballots and
records must be moved in the presence of the election board, and the canvass as provided in
this chapter must proceed immediately upon arrival at the alternate location.16.1-15-02.1.Alternative method for canvassing election for counties using orsharing electronic voting systems or electronic counting machines - County resolution
board. Repealed by S.L. 2005, ch. 191,