Elections in North Dakota

Last updated

Statewide elections in the U.S. state of North Dakota take place every two years. Most executive offices and all legislators are elected to four-year terms, with half the terms expiring on U.S. Presidential election years, and the other half expiring on mid-term election years.

Contents

In a 2020 study, North Dakota was ranked as the 8th easiest state for citizens to vote in. [1]

Voting requirements

North Dakota is the only state in the United States that does not require voter registration. The registration requirement was abolished in 1951. In general, any person over the age of 18 who has lived in a precinct for three or more months may vote in local, state or federal elections, without registration. In order to vote, however, a person must provide identification approved by the North Dakota Secretary of State as well as proof of entitlement to vote at the polling place before being permitted to vote.

For the 2016 election, the accepted forms of identification included a North Dakota driver's license, non-driver's ID card, tribal government issued ID card, or an identification card provided by a North Dakota long-term care facility. Neither a United States Passport nor a North Dakota College- or University-issued ID card [2] are accepted forms of identification.

North Dakota is exempt from the requirements of the federal National Voter Registration Act of 1993. Because of this exemption, North Dakota has since 2004 required voters to produce an approved form of ID before being able to vote, one of which was a tribe ID commonly used by Native Americans. It was common and lawful for a post office box to be used on this ID, instead of a residential address, because there are no street addresses on reservations. A change in 2016 required tribal ID to have a residential address to be accepted, and North Dakota has been accused of voter suppression with many Native Americans being denied a vote because they did not have an approved form of ID with a residential address. [3]

North Dakota's ID law especially adversely affected large numbers of Native Americans, with almost a quarter of Native Americans in the state, otherwise eligible to vote, being denied a vote on the basis that they do not have proper ID; compared to 12% of non-Indians. A judge overturned the ID law in July 2016, also saying: "The undisputed evidence before the Court reveals that voter fraud in North Dakota has been virtually non-existent." [4] However, the denial of a vote on this basis was also an issue in the 2018 mid-term election. [3] Starting with the 2018 election, voters without proper identification can fill out a "set aside" ballot, which is only counted if the voter presents proper identification to a county official before the results are certified by the county canvassing board, which typically is six days after an election is held. [5] [6]

Primary elections

Each party holds a series of party conventions in the spring of election years to endorse candidates to the various partisan offices that are up that year; legislative candidates are endorsed at district conventions and statewide candidates are endorsed at a state convention. Those candidates are automatically placed on the primary election ballot, where they may or may not face competition from other candidates placed there by petition. The primary election winner then appears on the general election ballot. All primary elections in North Dakota are open to all qualified North Dakota electors, regardless of party affiliation. [6]

Federal elections

President

Since the 1972 presidential election, North Dakota has sent three electors to the Electoral College, who the voters pick in a statewide first-past-the-post winner-take-all popular vote.

United States Senate

Like all US states, North Dakota sends two senators to the United States Senate. North Dakota's two senators are in classes 1 and 3. Senator John Hoeven was elected in 2010 and re-elected since, and Kevin Cramer was elected in 2018.

United States House of Representatives

Since 1972, North Dakota has had a single seat in the United States House of Representatives; Kelly Armstrong currently fills the seat, the term for which expires every two years.

State elections

Governor

The North Dakota governor and lieutenant governor are elected every four years, concurrent with the federal presidential election. The two offices are elected together on a single ballot line.

Other executive offices

Most of the other statewide executive offices are elected in a statewide popular vote for four-year terms. On presidential election years, voters select a State Auditor, State Treasurer, and Insurance Commissioner, all on a partisan ballot. They also select a Superintendent of Public Instruction on a nonpartisan ballot. On mid-term election years, voters select an Attorney General, Secretary of State, Commissioner of Agriculture, and Tax Commissioner. In addition, every two years, voters select someone to fill a six-year seat on the Public Service Commission.

Legislature

All members of the North Dakota Legislative Assembly—whether the House of Representatives or the Senate—are elected to four-year terms. Even-numbered legislative districts elect one senator and two representatives in presidential election years; odd-numbered districts do so in mid-term election years.

Supreme Court

Members of the North Dakota Supreme Court are elected by the people on a nonpartisan ballot to ten-year terms, arranged so that one seat is up for election every two years.

Proposed restrictions to voting in 2021

Since the 2020 U.S. Presidential election, Republicans in North Dakota have introduced a number of bills that would tighten election laws in the state. House Bill 1289 would lengthen residency requirements for voters, requiring residency in the state of one year, and three months in a precinct, House Bill 1312 would place additional restrictions on who can vote absentee, and House Bill 1397 would adjust the congressional redistricting process. [7] Senate Bill 2271, introduced by Republican Senator Robert Erbele and passed 43-3 (Republicans hold a 40-vote majority in the Senate), would withhold the state's vote count from the public until after votes in the Electoral College have been cast; the measure is intended to prevent the implementation of the National Popular Vote Interstate Compact, a multi-state agreement to implement a national popular vote for the election of the president. [lower-alpha 1] [8]

See also

Notes

  1. The National Popular Vote Interstate Compact (NPVIC) makes clever use of the rules of the Electoral College to implement a national popular vote without actually abolishing the Electoral College, which would require a constitutional amendment. Under the agreement, once states collectively having over 270 electoral votes (a majority in the Electoral College) sign on to the NPVIC, they agree to award all of their electoral votes to the winner of the national popular vote, thereby guaranteeing that the winner of the popular vote receives a majority of votes in the Electoral College. Senate Bill 2271 would thwart the NPVIC by preventing North Dakota's vote totals from being added to the national vote count, making it impossible to determine the national popular vote.

Related Research Articles

<span class="mw-page-title-main">United States Electoral College</span> Electors of the U.S. president and vice president

In the United States, the Electoral College is the group of presidential electors that is formed every four years during the presidential election for the sole purpose of voting for the president and vice president. The process is described in Article II of the U.S. Constitution. The number of electoral votes a state has equals its number of Senators (2) plus its number of Representatives in the House of Representatives, the latter being dependent on the Census's reported population. Each state appoints electors using legal procedures determined by its legislature, equal in number to its congressional delegation totaling 535 electors in the 50 states. A 1961 amendment granted the federal District of Columbia three electors. Federal office holders, including senators and representatives, cannot be electors. Of the current 538 electors, a simple majority of 270 or more electoral votes is required to elect the president and vice president. If no candidate achieves a majority there, a contingent election is held by the House of Representatives to elect the president and by the Senate to elect the vice president.

Ballot access are rules and procedures regulating the right to candidacy, the conditions under which a candidate, political party, or ballot measure is entitled to appear on voters' ballots in elections in the United States. The jurisprudence of the right to candidacy and right to create a political party are less clear than voting rights in the United States. However, the U.S. Supreme Court has established in multiple cases that the federal constitution does not recognize a fundamental right to candidacy, and that state governments have a legitimate government interest in blocking "frivolous or fraudulent candidacies". As election processes are decentralized by Article I, Section 4, of the United States Constitution, ballot access laws are established and enforced by the states. As a result, ballot access processes may vary from one state to another. State access requirements for candidates generally pertain to personal qualities of a candidate, such as: minimum age, residency, and citizenship. Additionally, many states require prospective candidates to collect a specified number of qualified voters' signatures on petitions of support and mandate the payment of filing fees before granting access; ballot measures are similarly regulated. Each state also regulates how political parties qualify for automatic ballot access, and how those minor parties that do not can. Fundamental to democracy, topics related to ballot access are the subject of considerable debate in the United States.

A write-in candidate is a candidate whose name does not appear on the ballot but seeks election by asking voters to cast a vote for the candidate by physically writing in the person's name on the ballot. Depending on electoral law it may be possible to win an election by winning a sufficient number of such write-in votes, which count equally as if the person were formally listed on the ballot.

<span class="mw-page-title-main">Elections in the United States</span>

In the politics of the United States, elections are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.

<span class="mw-page-title-main">Elections in Georgia (U.S. state)</span>

Elections in Georgia are held to fill various state and federal seats. Regular elections are held every even year. The positions being decided each year varies, as the terms of office varies. The State Senate, State House and U.S. House will typically be up for election, as all of those positions have two-year terms. Special elections are held to fill vacated offices. Georgia is one of seven states that require a run-off election if no candidate receives a majority of the vote in a primary election. Uniquely, Georgia requires a run-off election for state and congressional offices if no candidate wins a majority of the vote in a general election; only Louisiana has a similar requirement, but it operates under a different election system.

<span class="mw-page-title-main">Elections in the Dominican Republic</span>

The Dominican Republic is a unitary state with elected officials at the national and local levels. On a national level, head of state, the President, is elected directly by the people. The national legislature, the Congress of the Republic, is divided into two chambers: the Chamber of Deputies and the Senate. There are also elected offices at the local level. It is estimated that across the whole country, over four thousand offices are filled in every electoral cycle.

<span class="mw-page-title-main">National Popular Vote Interstate Compact</span> U.S. agreement on presidential elections

The National Popular Vote Interstate Compact (NPVIC) is an agreement among a group of U.S. states and the District of Columbia to award all their electoral votes to whichever presidential ticket wins the overall popular vote in the 50 states and the District of Columbia. The compact is designed to ensure that the candidate who receives the most votes nationwide is elected president, and it would come into effect only when it would guarantee that outcome.

<span class="mw-page-title-main">Elections in California</span>

Elections in California are held to fill various local, state and federal seats. In California, regular elections are held every even year ; however, some seats have terms of office that are longer than two years, so not every seat is on the ballot in every election. Special elections may be held to fill vacancies at other points in time. Recall elections can also be held. Additionally, statewide initiatives, legislative referrals and referendums may be on the ballot.

<span class="mw-page-title-main">Elections in New York (state)</span>

The results of elections in the state of New York have tended to be more Democratic-leaning than in most of the United States, with in recent decades a solid majority of Democratic voters, concentrated in New York City and some of its suburbs, including Westchester County, Rockland County and Long Island's Nassau county, and in the cities of Buffalo, Rochester, Syracuse, Albany, and Ithaca.

<span class="mw-page-title-main">Politics of North Dakota</span> Overview of the politics of the U.S. state of North Dakota

The politics of North Dakota were shaped historically by early settlement by people from the Northern Tier, who carried their politics west ultimately from New England, upstate New York, and the Upper Midwest. The area and state also received numerous European immigrants and migrants, particularly during the era of opening up of former Native American lands for sale and settlement.

Electoral reform in Virginia refers to efforts to change the electoral system in the Commonwealth of Virginia. Virginia has undergone much electoral change since its settling in 1607, many of which were required by federal legislation. However, it remains a relatively conservative state in this respect compared to California and others which have experimented with various alternative systems.

Electoral reform in the United States refers to efforts to change American elections and the electoral system used in the United States.

<span class="mw-page-title-main">United States presidential election</span> An election in United States of America

The election of the president and the vice president of the United States is an indirect election in which citizens of the United States who are registered to vote in one of the fifty U.S. states or in Washington, D.C., cast ballots not directly for those offices, but instead for members of the Electoral College. These electors then cast direct votes, known as electoral votes, for president, and for vice president. The candidate who receives an absolute majority of electoral votes is then elected to that office. If no candidate receives an absolute majority of the votes for president, the House of Representatives elects the president; likewise if no one receives an absolute majority of the votes for vice president, then the Senate elects the vice president.

<span class="mw-page-title-main">2016 North Dakota gubernatorial election</span>

The 2016 North Dakota gubernatorial election was held on November 8, 2016, to elect the Governor and Lieutenant Governor of North Dakota, concurrently with the 2016 U.S. presidential election, as well as elections to the United States Senate, elections to the United States House of Representatives and various state and local elections. This would have been the first time North Dakotans selected a governor under new voter ID requirements, in which a student ID was insufficient identification to vote, but a court ruling in August 2016 struck the down the provision; the election was held under the 2013 rules.

<span class="mw-page-title-main">2016 North Dakota elections</span>

North Dakota held two statewide elections in 2016: a primary election on Tuesday, June 14, and a general election on Tuesday, November 8. In addition, each township elected officers on Tuesday, March 15, and each school district selected a date between April 1 and June 30 to hold their elections. This would have been the first election since the state legislature revoked the ability to use a student or military ID to satisfy state ID voting requirements, but a court ruling in August struck the down the provision, and the election was held under the 2013 rules.

In the United States, a contingent election is used to elect the president or vice president if no candidate receives a majority of the whole number of electors appointed. A presidential contingent election is decided by a special vote of the United States House of Representatives, while a vice-presidential contingent election is decided by a vote of the United States Senate. During a contingent election in the House, each state delegation votes en bloc to choose the president instead of representatives voting individually. Senators, by contrast, cast votes individually for vice president.

<span class="mw-page-title-main">2020 North Dakota elections</span>

North Dakota held two statewide elections in 2020: a primary election on Tuesday, June 9, and a general election on Tuesday, November 3. In addition, each township elected officers on Tuesday, March 17, and each school district held their elections on a date of their choosing between April 1 and June 30.

<span class="mw-page-title-main">2020 South Dakota elections</span>

South Dakota state elections in 2020 were held on Tuesday, November 3, 2020. Its primary elections were held on June 2, 2020.

<span class="mw-page-title-main">Republican efforts to restrict voting following the 2020 presidential election</span> Ongoing effort by the U.S. Republican Party

Following the 2020 United States presidential election and the unsuccessful attempts by Donald Trump and various other Republican officials to overturn it, Republican lawmakers initiated a sweeping effort to make voting laws more restrictive within several states across the country. According to the Brennan Center for Justice, as of October 4, 2021, more than 425 bills that would restrict voting access have been introduced in 49 states—with 33 of these bills enacted across 19 states so far. The bills are largely centered around limiting mail-in voting, strengthening voter ID laws, shortening early voting, eliminating automatic and same-day voter registration, curbing the use of ballot drop boxes, and allowing for increased purging of voter rolls. Republicans in at least eight states have also introduced bills that would give lawmakers greater power over election administration after they were unsuccessful in their attempts to overturn election results in swing states won by Democratic candidate Joe Biden in the 2020 election. The efforts garnered press attention and public outrage from Democrats, and by 2023 Republicans had adopted a more "under the radar" approach to achieve their goals.

There is ongoing legal debate about the constitutionality of the National Popular Vote Interstate Compact in the United States. At issue are interpretations of the Compact Clause of Article I, Section X, and states' plenary power under the Presidential Electors Clause of Article II, Section I.

References

  1. J. Pomante II, Michael; Li, Quan (15 Dec 2020). "Cost of Voting in the American States: 2020". Election Law Journal: Rules, Politics, and Policy. 19 (4): 503–509. doi: 10.1089/elj.2020.0666 . S2CID   225139517 . Retrieved 14 January 2022.
  2. Watts, Adam; Lyden, Grace (March 9, 2016). "ID law may complicate voting for North Dakota students". Forum of Fargo-Moorhead . Retrieved March 9, 2016.
  3. 1 2 NBC News. North Dakota, native tribes agree to settle voter ID lawsuit to combat voter suppression. February 14, 2020.
  4. "As November Approaches, Courts Deal Series Of Blows To Voter ID Laws". NPR. August 2, 2016.
  5. "ID Required for voting in North Dakota". Vote.ND.Gov. North Dakota Secretary of State . Retrieved January 8, 2019.
  6. 1 2 "2015 - 2017 North Dakota Election Laws" (PDF). Vote.ND.gov. North Dakota Secretary of State. March 2018. Retrieved January 8, 2019.
  7. Quttaineh, Raya (January 28, 2021). "North Dakota lawmakers introduce bills impacting voting rights". KVRR . Archived from the original on 2021-01-29.
  8. Lambe, Jerry (26 February 2021). "North Dakota Senate Passes Bill to Hide Future Presidential Vote Counts From Public View Until After Electoral College Meets". Law & Crime.