Whenever a proposed constitutional amendment or other question is to be submitted
to the people of the state for popular vote, the secretary of state shall, not less
than fifty-five days before the election, certify the amendment or other question
to each county auditor and each auditor shall cause notice thereof to be included
in the notice required by section 16.1-13-05. Questions to be submitted to the people of a particular county must be advertised
in the same manner.
The secretary of state shall, at the same time the secretary of state certifies notice
to the county auditors of the submission of a constitutional amendment or other question,
certify the ballot form for such questions. The ballot form must conform to the provisions of section 16.1-06-09 and must be used by all county auditors in preparing ballots for submission to the
electorate of each county and in the preparation of sample ballots. Any requirements in this title that a sample ballot be published will be met by
the publication of either the paper ballot or the ballot as it will appear to persons
using an electronic voting system device, depending upon the method of voting used
in the area involved. Absentee voter ballots may not be considered in determining which method of voting
is used in an area. If both paper ballots and electronic voting system ballots are used in an area,
both forms must be published as sample ballots to meet publication and notice requirements. For two consecutive weeks before the sample ballot is published, an analysis of
any constitutional amendment, initiated measure, or referred measure, written by the
secretary of state after consultation with the attorney general, must be published
in columns to enable the electors to become familiar with the effect of the proposed
constitutional amendment or initiated or referred measure.
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