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Current as of January 01, 2020 | Updated by FindLaw Staff
The secretary of state shall thoroughly investigate, when the matter comes to the secretary of state's attention, any of the following:
1. Any error or omission which has occurred or is about to occur in the placing of any name on an official election ballot.
2. Any error which has been or is about to be committed in printing the ballot.
3. Any wrongful act which has been or is about to be done by any judge or election clerk, county auditor, canvassing board, a canvassing board member, or any other person charged with any duty concerning the election.
4. Any neglect of duty which has occurred or is about to occur.
If required, the secretary of state shall order the officer or person charged with such error, wrong, or neglect to correct the error, desist from the wrongful act, or perform any required duty. The secretary of state may call upon any county auditor for aid in investigation and correction of the problem. The secretary of state shall cause any person who violates the secretary of state's order to be prosecuted, if the violation constitutes an offense pursuant to this chapter. If the administrative remedies fail to correct the problem, or if the secretary of state refuses to act, any person may petition the supreme court, or the district court of the relevant county where the election of a county officer is involved, for an order compelling the correction of the error, wrong, neglect, or act.
Cite this article: FindLaw.com - North Dakota Century Code Title 16.1. Elections § 16.1-01-08. Correcting errors on ballots--Requiring performance of duty--Correcting or prosecuting wrongful performance - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-16-1-elections/nd-cent-code-sect-16-1-01-08/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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