Qualifications with regards to elections include: Election
Coordinator with the Cass County Auditors office since July 2006
CERA Certified Election/Registration Administrator Certification
earned through The Election Center (National Association of
Election Officials) A Program of continuing professional education
specializing in election administration. The professions highest
designation and honored as the most outstanding continuing
education program in America by the National University Continuing
Education Association. The only CERA graduate in the state of North
Dakota as of 2014.
Slide 4
Annual Elections Complying with filing deadlines Preparing
ballots Managing Absentees Coordinating/managing polling locations
Collection of ballots Certifying the Election Ties/contested
elections Swearing in elected officials Reasons under law for
holding school district elections How to conduct a school bond or
special election Compliance with the Corrupt Practices Act
Slide 5
The sample forms provided in the presentation are in no way
meant to demonstrate what must be used for your election. They are
simply provided as a guide to assist you in determining what works
best for you in administering your elections and collecting the
data necessary from your candidates, election workers, etc.
Slide 6
Slide 7
April 1-June 30, 2015 The board of a school district shall hold
an election each year between April first and June thirtieth to
fill all vacancies, including those caused by the expiration of
terms of office. (NDCC 15.1-09-22) Election is typically held the
second Tuesday in June which for 2015 would be June 9, 2015.
Slide 8
March 7, 2015 Thirty days before the filing deadline for
candidate names to be printed on the ballot, an official notice of
this deadline must be published in the official newspaper of the
city or county. (NDCC 15.1-09-09) The filing deadline is 64 days
before the election April 6, 2015 Determine ahead of time what the
newpapers deadline for submission is in order to meet that 30 day
deadline. This may need to be submitted to the paper at least 10
days before you want it published.
Slide 9
Slide 10
April 6, 2015 An individual seeking election to the board of a
school district shall prepare & sign a document stating the
individuals name and the position for which that individual is a
candidate. The candidate shall also file a statement of interests
as required by section 16.1-09-02the documents must be filed with
the school district business manager, or mailed to and in the
possession of the business manager, by four p.m. on the
sixty-fourth day before the election. (NDCC 15.1-09-08)
Slide 11
Filing Papers Signed document stating the individuals name
& the position for which that individual is a candidate. Can
use the Affidavit of Candidacy (SFN 2703) that is used for
County/State candidates. Other school districts have created their
own form to use. Statement of Interests (SFN 10172)
Slide 12
Sample of a form used by a school district
Slide 13
April 30, 2015 At least forty days before the election, the
business manager shall prepare and cause to be printed, or
otherwise uniformly reproduced, an official ballot containing the
names of all individuals who have indicated their intent to be
candidates by meeting the provisions of section 15.1-09-08. (NDCC
12.1-09-11) April 24, 2015 For UOCAVA voters (Uniformed and
Overseas Citizens Voting Act) ballots must be available forty-six
days before the election. Absentee ballots must be available in any
school district election in accordance with chapter 16.1-07.
Slide 14
May 5, 2015 At least thirty-five days prior to the annual
election, the board of each school district shall designate one or
more precincts for the election. The board shall arrange the
precincts in a way that divides the electors of the district as
equally as possible. (NDCC 15.1-09-13 (1)) At least thirty-five
days prior to the annual election, the board of each school
district shall designate one or more polling places for the
election. The board shall locate the polling places as conveniently
as possible for the voters in the precinct. Once established by the
board, a polling place must remain a polling place for a precinct
until it is changed by subsequent action of the board.
Slide 15
May 26, 2015 At least fourteen days before the date of an
annual or special school district election, the school board shall
publish a notice in the official newspaper of the district stating
the time and place of the election and the purpose of the vote.
(NDCC 15.1- 09-09)
Slide 16
Slide 17
June 9, 2015 Election Day School Board Election June 15, 2015
On the sixth day after the election, the school board shall meet to
canvass all election returns & shall declare the results of the
election. (NDCC 15.1-09- 15)
Slide 18
June 16-18, 2015 Within three days after the canvass by the
school board for a school district election, the business manager
of the school district shall provide to each elected individual
written notice of the individuals election and the duty to take an
affirmation or oath of office. (NDCC 15.1-09-17)
Slide 19
June 16-25, 2015 Within ten days after the canvass by the
school board, the business manager shall certify the individuals
elected & their terms to the county superintendent of schools.
(NDCC 15.1-09-25) An individual elected as a member of or appointed
to a school board shall take and file with the school district
business manager an affirmation or oath of office within ten days
after receiving notice of the election or appointment and before
commencing duties. (NDCC 15.1-09-25)
Slide 20
After all candidates have filed to be placed on the ballot, the
business manager shall notify the candidates as to the time &
place of the drawing for position on the ballot. The ballot must be
nonpartisan in form & include: The words official ballot at the
top; The name of the school district; The date of the election; The
number of persons to be elected to each office; and Below the list
of candidates for each office, blank spaces in which names not
printed on the ballot may be written. (NDCC 15.1-09-11)
Slide 21
Measures on the ballot Every two years, at the time of a school
districts annual election of board members, the electors of the
district shall determine whether a record of the board proceedings
must be published in the official newspaper of the district..A vote
to approve the publication is effective for a period of two years
or until disapproved at a succeeding school district election.
(NDCC 15.1-09- 31) Keep this question consistent from election to
election if possible. For other measures such as bond resolutions
or excess levys, you should consult your school districts
attorney.
Slide 22
As we said in a previous slide, absentee ballots must be
available in any school district election in accordance with
chapter 16.1-07. According to this chapter, absentee ballots must
be available to voters at least 40 days before any election. For
UOCAVA voters (Uniformed and Overseas Citizens Absentee Voting
Act), absentee ballots must be available 46 days before any
election.
Slide 23
Please use SFN 51468 as prescribed by the secretary of state
for the absentee application. This form is available on the ND
Secretary of States website. Go to www.vote.nd.gov.www.vote.nd.gov
See NDCC 16.1-07-06 for more information on the Application form
and what it must contain. Voting an absentee ballot is the only
time someone can vote without an approved ID. If the applicant does
not possess an approved form of ID as provided under subsection 1
of section 16.1-05-07, the application also must be signed by
another qualified elector who, by signing, certifies that the
applicant is a qualified elector.
Slide 24
According to NDCC 16.1-07-08, when mailing ballots to those who
have applied, you must include a secrecy envelope and return
envelope with the ballot. In providing a secrecy envelope, this
allows the voted ballot to be separated from the outer envelope
without the election judges seeing how that person voted. The front
of the return envelope must bear the official title &
post-office address of the officer supplying the voter with the
ballot (business manager) and on the other side a printed voters
affidavit. (Please see NDCC 16.1-07-08 subsection 2 for the details
of the affidavit) The following slides show the envelopes that Cass
County uses for absentee ballots to give you an idea of how to lay
everything out.
Upon receipt of an envelope containing the absent voters
ballot, you must immediately attach the application of the absent
voter & file the ballot with the other absentee ballots for the
school district. If you only have one precinct for the election,
you would simply file them alphabetically. If you have multiple
precincts, you can send the voted ballots out to each respective
precinct to be counted by those election boards. If you only have
one precinct, you can choose to have one polling location process
the absentee ballots, or you can choose to appoint an election
board for a special precinct for purpose of counting all absentee
ballots for the entire school district.
Slide 28
If you send the voted ballots to one or more precincts or
polling locations, the ballots must be packaged in a manner so the
ballots are sealed securely. The package must be endorsed with the
name of the proper voting precinct (if applicable), the name &
official title of the officer, and the words This package contains
an absent voters ballot and must be opened only according to the
processing provisions of section 16.1-07-12.
Slide 29
At any time during election day, the election clerks &
board members of the relevant polling place should first compare
the signature on the application for the absent voters ballot with
the signature on the voters affidavit on the return envelope
provided for in section 16.1-07-08 to ensure the signatures
correspond. If the applicant (voter) is then a duly qualified
elector of the school district and has not voted at the election,
the board shall open the absent voters envelope, being careful not
to destroy the affidavit on the back. The clerk will indicate in
the pollbook of the election that the elector voted.
Slide 30
They will then take out the secrecy envelope containing the
ballot. They should NOT remove the ballot from the secrecy envelope
at this time. We typically have them compare signatures and remove
the secrecy envelopes for all the absentees received before moving
on to the next step. This helps to maintain the secrecy of the
voters ballot. The next step will be to remove the ballots from the
secrecy envelopes, unfold & initial the same, and deposit in
the ballot box for tabulation.
Slide 31
The votes from these cast ballots cannot be tallied until polls
have closed on election day! After polls close, they are tallied
with the rest of the voted ballot from election day. If the there
is reason to reject the ballot due to the signatures on the
application and affidavit not matching, the affidavit not being
signed or the applicant is not a qualified elector of the school
district, the ballot may not be counted. Without opening the
absente voters envelope, the board member should mark across the
face of the envelope rejected as defective or rejected as not an
elector as the case may be. These rejected ballots are turned over
to the canvassing board for final determination of
eligibility.
Slide 32
Election workers For school board elections not held in
conjunction with county elections, the board shall appoint two
election judges & two election clerks for each polling place.
Before opening the polls, the judges & clerks shall take an
affirmation or oath to perform their duties according to law &
to the best of their ability. The affirmation or oath may be
administered by any officer authorized to administer oaths or by
any of the judges or clerks. For school board elections held in
conjuction with county elections, the county election boards shall
administer the election in the same manner as the county or state
election.
Slide 33
Election Workers Instruction must be provided to the election
workers with regards to procedures they must follow including:
State Law with regards to: Duties Voter eligibility & ID
requirements Ballot handling, etc. Paperwork that must be
completed: Pollbooks Required forms such as ballot certification,
results certification, etc.
Slide 34
Election Workers You can choose to have a training session
prior to Election Day, or have a short training meeting prior to
the opening of polls on Election Day. You can choose to send out
the Election Officials Manual to your election workers ahead of
time and require them to read it so they are familiar with the laws
that apply to them in performing their duties. This will reduce the
amount of time necessary for training.
Slide 35
From NDCC 16.1-05-02 (3): I do solemnly swear (or affirm as the
case may be), that I will perform the duties of inspector, judge,
or clerk (as the case may be) according to law and to the best of
my ability, and that I will studiously endeavor to prevent fraud,
deceit, and abuse in conducting the same.
Slide 36
Compensation of election officers The county auditors shall pay
at least the state minimum wage to the relevant election officials.
Members of the election board & poll clerks who attend training
sessions provided by section 16.1-05-03 must be paid at least the
state minimum wage for hours in attendance in the session in
addition to necessary expenses & mileage Members of election
boards who attend the training sessions provided by section
16.1-05-03 must be paid at least twenty-five percent more than the
state minimum wage during the time spent in the performance of
their election duties. (NDCC 16.1-05-05) Minimum wage is currently
$7.25 thus members of the election board who attend training must
be paid at least $9.06 per hour during the time spent in the
performance of their duties.
Slide 37
Polling Hours The school board shall determine the time at
which polls must open and close for school district elections.
Polls may open at any time after seven (7) a.m. and must be open by
eleven (11) a.m. Polls must remain open until seven (7) p.m. and
may remain open until eight (8) p.m. In Fargo school district
elections, polls must open and close at the times required for city
elections. (NDCC 15.1-09- 12) It is best for voters to keep the
polling hours consistent from election to election.
Slide 38
Pollbooks School districts can use the pollbook found on the ND
Department of Public Instructions website at
http://www.dpi.state.nd.us/forms/pollbook.pdf.
http://www.dpi.state.nd.us/forms/pollbook.pdf Samples of this form
are on the following slides.
Slide 39
Slide 40
Slide 41
The next slide is an example of the preprinted pollbooks that
are used throughout the counties in North Dakota. It would be
relatively simple to create something similar using a spreadsheet
program such as Excel so that you are sure the clerks are recording
the information that is required in state law which includes:
Complete legal name; Complete residential address; Complete mailing
address, if different that residential; ID number (if using Drivers
License, Non-Drivers ID or Tribal ID)
Slide 42
Slide 43
Supplies What will the Election Workers need for Election Day?
(The following list represents what we typically make available).
Binder containing all required forms that must be completed;
Required signage including: Election Laws Sample Ballots Voter
Eligibility Requirements ID Requirements Map of School District
Boundaries Pens (continued on the next slide)
Slide 44
Supplies continued Tape (for hanging posters & wrapping
ballots) Scissors Note pads Brown wrapping paper, manila envelopes,
or other material to secure voted ballots after election Name tags
Secrecy folders
Slide 45
Other forms for use at polling places: Ballot Certification
form enables election workers to account for all the ballots that
are supplied to them; Election Cost Bill or Time Sheet record of
the hours that each election worker works so that you can pay them
accurately; Election Tally Sheet helps the election workers in
tallying results, especially with multiple races or issues on the
ballot;
Slide 46
Other forms for use at polling places: Results Certification
form certifies the results reached from counting the ballots and is
signed by the election board; Pollbook Certification form certifies
the number of voters recorded as voted in the pollbooks.
Slide 47
Slide 48
Slide 49
Slide 50
Slide 51
Slide 52
In order to vote in North Dakota, a voter must be: A U.S.
citizen; At least 18 years old on the day of the election; A North
Dakota resident; and A resident in the precinct for 30 days
preceding the election.
Slide 53
Requirements for Identification (NDCC 16.1- 05-07)
Identification must include the voters: Name Residential Address
Date of Birth More than one form of identification may be
used.
Slide 54
Acceptable Forms of Identification: Voting at the Polling Place
A Valid North Dakota Drivers license Non-drivers identification
card Tribal government issued identification card Student
identification certificate (provided by ND college or university)
Long term care identification certificate (provided by ND
facility.
Slide 55
Acceptable Forms of Identification: Voting Absentee or by Mail
A Valid: (NDCC 16.1- 07-06) North Dakota form of identification
listed for voting at the polling place Passport or Military ID Only
for ND residents living outside the U.S. who do not possess one of
the other forms of identification. Attester A voter without an
acceptable form of ID may use an attester. The attester must
provide his or her name, ND drivers license, non-drivers or tribal
identification number, and sign the absentee/mail ballot
application form to attest to the applicants ND residency &
voting eligibility.
Slide 56
Essentially, a voter must have one of the prescribed forms of
ID and that ID must contain the residential address they have
resided at for the 30 days preceding the election. If they do not
have their current residential address on their ID, but the address
on their ID is still within your school district, they can vote
using that address. If the address on their ID is not within your
school district, unfortunately they will be unable to cast a ballot
as they cannot prove their residence within the school
district.
Slide 57
Upon closing of the polls, the judges shall count the votes for
each office. At the conclusion of the canvass of votes on election
night, the judges & clerks of the election shall sign the
returns & file them with the business manager of the school
district. However, if the election is held under an agreement with
the city or county pursuant to sections 15.1-09-22 and 15.1-09-24,
the returns must be canvassed & the winners declared as set out
in the agreement.
Slide 58
See 16.1-15-08 Wrapping ballots All Write-In, Voted, and
Absentee ballots must be suitably wrapped in separate wrappers.
Each wrapper must be endorsed with the names or numbers of the
precincts and the date on which the election was held. The wrappers
must be sealed securely in a manner so the wrappers cannot be
opened without an obvious & permanent breaking of the
seal.
Slide 59
According to NDCC 15.1-09-16 If the election results in a tie,
the business manager of the district shall notify, in writing, the
candidates between whom the tie exists. Within three days after the
canvass of the election by the school board, at a time agreed upon
by the candidates, the election must be decided in the presence of
the judges & clerks of the election, by a drawing of names. A
candidate involved in a tie vote may withdraw the candidates name
from consideration if the candidate is willing to sign a statement
to that effect in the presence of and witnessed by the filing
officer of the election.The school district business manager shall
make & keep a record of the proceedings.
Slide 60
From NDCC 16.1-16-02. Who may contest election. (This is a
brief summary only) A defeated candidate, or 10 qualified electors
An action to contest must be commenced by service of a summons
& verified complaint. The complaint must be filed in the
district court of the contestees county of residence within 5 days
after final certification of a recount by the canvassing board or
within 14 days after the final certification by the canvassing
board if no recount is to be conducted.
Slide 61
In a contest of an election, the person certified as the winner
of the election shall take office until the contest is finally
decided. Grounds for election contest: An election contest may be
commenced for any of the following causes: If the contestee does
not or cannot meet the qualifications to hold the office as
required by law. Because of illegal votes or erroneous or
fraudulent voting, count, canvass, or recount of votes.
Slide 62
Election contest actions must be tried as civil actions to the
court without a jury. Either the contestant or the contestee,
within the time provided by this title for the preservation of
ballots, may give notice by certified mail to the county recorder
(or school business manager) that an election contest is pending in
a designated court. Thereupon, it is the duty of the county
recorder (or school business manager) to preserve all the paper
ballots & electronic voting system ballots & associated
records until the contest has been finally determined.
Slide 63
Once a judge has pronounced judgement on which candidated was
elected or nominated, the appropriate officer shall issue a
certificate to the person declared elected or nominated in
accordance with the judgement. If declared a tie, the election must
be determined by law. If declared that no one was elected, the
office must be deemed vacant. The vacancy must be filled according
to law.
Slide 64
See the Reasons for Holding School Elections Under Law compiled
by the NDSBA. Note: NDCC 16.1-01-11. Certain questions not to be
voted upon for three months. Whenever at any election or bond issue
or mill levy question has failed to receive the required number of
votes for approval by the electors, the matter may not again be
submitted to a vote until a period of at least three months has
expired, and in no event may more than two elections on the same
general matter be held within twelve consecutive months.
Slide 65
Slide 66
School Bond & Special Elections are conducted much the same
as other elections. Some of the publication deadlines may not apply
unless you have a race on the ballot for which candidates will need
to apply. According to NDCC 15.1-09-23In addition to the annual
election, a special election may be held at any time and for any
purpose, if approved by the school board. The most important thing
to remember when setting the date for a special election is to
allow for your publication deadlines.
Slide 67
NDCC 15.1-07-03 speaks to the Districts limit of indebtedness.
The board of a school district may by resolution place on the
ballot of any regular or special election the question of
increasing the districts limit of indebtedness, beyond that fixed
by the constitution, by five percent of the assessed valuation of
all taxable property in the district. The board of a school
district shall place the same on the ballot if the board receives a
petition requesting the increase & signed by qualified electors
of the district equal in number to at least one-third of those who
voted in the most recent annual school district election.
Slide 68
It is always best to consult the advice of the school districts
attorney in drafting the necessary resolution for a school bond or
special election. Always review applicable NDCC for the most
current laws regarding deadlines, publication, etc.
Slide 69
This is a summary only. See NDCC for complete information. No
person may use any property belonging to or leased by, or any
service which is provided to or carried on by, either directly or
by contract, the political subdivision for any political purpose.
Political Purpose means any activity seen as being in support of or
in opposition to a political subdivision measure or the election or
nomination of a candidate to public office & includes using
vote for, oppose, or any similar support or opposition language in
any advertisement.
Slide 70
Factual information may be presented regarding a ballot
question solely for the purpose of educating voters if the
information does not advocate for or against or otherwise reflect a
position on the adoption or rejection of the ballot question.
Property includes motor vehicles, telephones, typewriters, adding
machines, postage or postage meters, funds of money, and buildings.
Services includes the use of employees during regular working hours
for which such employees have not taken annual or sick leave or
other compensatory leave. Any person violating any provision in
Chapter 16.1-10 of the NDCC, for which another penalty is not
specifically provided, is guilty of a class A misdemeanor.