16.1-02 Central Voter File
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<![CDATA[CHAPTER 16.1-02CENTRAL VOTER FILE16.1-02-01.Permanent central voter file.A permanent, centralized electronicdatabase of voters, to be known as the central voter file, is established with the offices of the<br>secretary of state and county auditors linked together by a centralized statewide system. The<br>county auditor is chief custodian of the central voter file records in each county. The secretary of<br>state shall maintain the central voter file.The central voter file must be accessible by thesecretary of state and all county auditors for purposes of preventing and determining voter fraud,<br>making changes and updates, and generating information, including pollbooks, reports, inquiries,<br>forms, and voter lists.16.1-02-02. Costs of creating and maintaining a central voter file. The creation ofthe central voter file and its maintenance through June 30, 2011, must be paid for with funds<br>from the state's election fund, provided the election fund contains adequate funding to create and<br>maintain the central voter file. The creation of the central voter file and its maintenance through<br>June 30, 2011, may not be paid for from funds in the secretary of state's budget, the state's<br>general fund, or from county funds. Beginning July 1, 2011, the offices required to perform the<br>functions and duties of this chapter shall bear the costs incurred in performing those duties and<br>the secretary of state shall pay the costs of operating and maintaining the central voter file. As<br>used in this section, costs of maintaining the central voter file mean costs of annual software<br>licenses, hosting costs for the software in the state data center, costs of necessary<br>enhancements to the software, and the costs for implementing the duties and responsibilities of<br>the secretary of state's office relating to the central voter file.16.1-02-03. Secretary of state to establish the central voter file with department oftransportation and county auditors.1.Not later than the primary election in 2008, the secretary of state shall establish the<br>central voter file in cooperation with the department of transportation and county<br>auditors.2.The secretary of state shall establish the initial central voter file from records<br>maintained by the department of transportation. Each county auditor shall compare<br>the initial central voter file against all precinct pollbooks used in the auditor's county<br>during and created from the general elections in the two previous election years and<br>any reasonably reliable updates made by the county auditor since the general<br>elections in the two previous election years. Any individual contained in the initial<br>central voter file who voted at either of the general elections in the two previous<br>election years must be designated as "active" in the initial central voter file. Any<br>individual contained in the initial central voter file who did not vote at either of the<br>general elections in the two previous election years must be designated as "inactive"<br>in the initial central voter file.3.Each individual contained in the initial central voter file must be assigned a unique<br>identifier. An individual's unique identifier must be created from unique information<br>and data obtained from records maintained by the department of transportation and<br>the pollbooks from the general elections in the two previous election years. If it is<br>not possible to assign a unique identifier to an individual contained in the initial<br>central voter file, a unique identifier must be randomly generated and assigned to<br>the individual.4.The secretary of state shall adopt rules for generating and assigning a unique<br>identifier to each individual contained in the central voter file according to section<br>16.1-02-11 and subsection 3 of section 16.1-01-01.5.When establishing the initial central voter file from the records maintained by the<br>department of transportation and the pollbooks from the general elections in the twoPage No. 1previous election years, the secretary of state and county auditors shall attempt to<br>correct address errors and misspellings of names.16.1-02-04. Precinct boundaries changed - Change to the central voter file. Whenthe boundaries of a precinct are changed, the county auditor shall immediately update the voter<br>records for that precinct in the central voter file to accurately reflect those changes.16.1-02-05. Entry of new voters into the central voter file - Query of the centralvoter file for double voting - Challenges - Postelection verification.1.Within forty-five days following an election, the county auditor shall enter the name<br>and required information of each individual who voted at the last election who is not<br>already contained in the central voter file and update any required information<br>requested and obtained at the last election for any individual contained in the central<br>voter file.2.The secretary of state, with the assistance of the county auditors, within eighty-five<br>days following an election, shall query the central voter file to determine if any<br>individual voted more than once during the preceding election. The secretary of<br>state shall immediately notify the county auditor and state's attorney in each affected<br>county for further investigation.3.Upon return of any nonforwardable mail from an election official, the county auditor<br>shall ascertain the name and address of that individual. If the individual is no longer<br>at the address recorded in the central voter file, the county auditor shall transfer the<br>voter to the correct precinct in the central voter file or notify the county of the voter's<br>new residence so the voter record can be transferred to the correct county. If a<br>notice mailed at least sixty days after the return of the first nonforwardable mail is<br>also returned by the postal service, the county auditor shall designate the individual<br>as "inactive" in the central voter file.4.Within forty-five days after an election, the county auditor shall send a notice to each<br>individual who was challenged on election day according to section 16.1-05-06. If a<br>notice is returned as not deliverable, the county auditor shall attempt to determine<br>the reason for the return.A county auditor who does not receive or obtainsatisfactory proof of an individual's eligibility to vote shall notify immediately the<br>state's attorney to conduct an investigation of the individual's eligibility to vote in that<br>election.16.1-02-06. Reporting deceased individuals and changes of names - Changes torecords in the central voter file.1.The state health officer shall provide for the regular reporting to the secretary of state<br>the name, address, date of birth, and county of residence, if available, of each<br>individual eighteen years of age or older who has died while maintaining residence<br>in this state since the last report. Within thirty days after receiving a report, the<br>secretary of state shall designate each individual included in the report as<br>"deceased" in the central voter file.The secretary of state shall prepare anddistribute a list of individuals designated as "deceased" to each county auditor.2.The state health officer shall provide for the regular reporting to the secretary of state<br>the name, address, date of birth, and county of residence, if available, of each<br>individual eighteen years of age or older whose name was changed by marriage<br>since the last report. The secretary of state shall prepare and distribute a list of<br>those individuals to each county auditor.3.After receiving notice of death of an individual who has died outside the county, the<br>county auditor shall designate that individual as "deceased" in the central voter file.Page No. 2Notice must be in the form of a printed obituary or a written statement signed by an<br>individual having knowledge of the death of the individual.16.1-02-07. Reporting changes of names - Changes to records in the central voterfile. The state court administrator shall provide for the regular reporting to the secretary of state<br>the name, address, date of birth, and county of residence, if available, of each individual eighteen<br>years of age or older whose name was changed by divorce or any order or decree of the court<br>since the last report. The secretary of state shall prepare and distribute a list of those individuals<br>to each county auditor.Any individual who has obtained a protection order under section14-07.1-03 or who is protected by a disorderly conduct restraining order under section<br>12.1-31.2-01 must be listed in the central voter file with a "secured active" designation.A"secured active" designation means a record maintained as an active voter for pollbook<br>purposes, but otherwise is an exempt record. The state court administrator or the bureau of<br>criminal investigation shall make available upon request of the secretary of state the name of<br>each individual who has obtained such an order.16.1-02-08. Reporting incarcerations - Changes to records in the central voter file.Repealed by S.L. 2005, ch. 181, </p>
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