State Summary
In 2024, North Dakota enacted SB 2175, the state’s first post-election tabulation audit law. Previously, North Dakota required a “Post-Election Logic and Accuracy Testing” following each election, consisting of the random testing of voting system programming for one precinct in each county in the state. See N.D. Cent. Code § 16.1-06-15.
Under North Dakota’s new law, after each primary, general, and special election, the secretary of state must randomly select one polling location per county to participate in the post-election audit. Selected counties must review one federal contest, one statewide contest, one legislative contest, if applicable, and one county contest.
The secretary of state may request additional auditing within a county if discrepancies are discovered. Any differences in counts revealed over the course of the audit must serve as the official record used during canvassing.
Unless otherwise specified, statutory references are to N.D. Cent. Code § 16.1-06-15.
Voting Systems Used
North Dakota uses hand-marked paper ballots and optical scanners statewide, with ballot marking devices for accessibility. For the most up to date information please visit Verified Voting’s Verifier.
Visit the Voting Equipment Database for an explanation of the types of voting equipment used.
Audit Comprehensiveness
North Dakota statute does not specify which ballots are included in the audit.
Transparency
North Dakota statute does not specify if the audit is publicly observable.
Audit Counting Method
North Dakota does not specify the counting method for the audit, however, references to review by the election boards appear to allude to hand counting. N.D. Cent. Code 16.1-06-15(6).
Type of Audit Units
Polling locations serve as the audit units under North Dakota statute. N.D. Cent. Code 16.1-06-15(5).
Contests and Issues Audited
Statute requires the review of one federal contest, one statewide contest, one legislative contest, if applicable, and one county contest. N.D. Cent. Code 16.1-06-15(6).
Addressing Discrepancies
The secretary of state may request additional auditing within a county if discrepancies are discovered.
Any differences in counts revealed over the course of the audit must serve as the official record used during canvassing. N.D. Cent. Code 16.1-06-15(6).
For recount laws, please visit our Recount Law Database.
Timeline
The audit must commence on the sixth day following election day and conclude by the eighth day after election day. N.D. Cent. Code 16.1-06-15(5).
Binding on Official Outcomes
Statute requires audit tallies to serve as the official record used during canvassing, but does not specify whether the audit is binding on official outcomes. N.D. Cent. Code 16.1-06-15(6).
Oversight and Conduct
County auditors must appoint election boards, who carry out the review of ballots. N.D. Cent. Code § 16.1-06-15(6). The secretary of state may also define written procedures for conducting the audit. N.D. Cent. Code § 16.1-06-15(5).
Ballot Protection
The county recorder is responsible for delivering wrapped ballots from the selected polling location to the county auditor. N.D. Cent. Code 16.1-06-15(5). After the canvass, the election board for each precinct wraps and seals the ballots in such a way that they cannot be opened without permanently breaking the seal. The ballots are then returned to the county recorder. N.D. Cent. Code § 16.1-15-08(1). The county recorder must keep the ballots locked in a fireproof vault for 45 days (for non-federal elections) or 22 months (for federal elections) and not open them except in the case of a trial or contested election. N.D. Cent. Code § 16.1-15-13.
Additional Targeted Samples
North Dakota statute allows the secretary of state to request additional auditing in counties with identified discrepancies between original counts and those conducted during the audit. N.D. Cent. Code § 16.1-06-15(6).