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SB 2178

A BILL for an Act to amend and reenact sections 16.1-02-12, 16.1-02-15, 16.1-03-21, and 16.1-07-05, subsection 1 of section 16.1-07-06, sections 16.1-11-10, 16.1-11-12, 16.1-11-21, 16.1-11-22, 16.1-11-24, 16.1-11-26, 16.1-11-29, and 16.1-11-30, subsection 2 of section 16.1-11-39, and sections 16.1-11-40, 16.1-11.1-02, and 16.1-12-02 of the North Dakota Century Code, relating to data stored in the central voter file and primary election ballots.

69th Legislative Assembly (2025-26) Introduced by Mark Enget and 3 co-sponsors

SB 2178 updates North Dakota's central voter file: expands retained voting history to six years, tightens who may access data, and adds changes to absentee ballot rules.

Second reading, failed to pass, yeas 4 nays 42
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Bill Summary · SB 2178

SB 2178 — Summary (North Dakota): Central Voter File & Primary Ballot / Absentee Ballot Changes

Status
- Bill: SB 2178
- Subject: Amendments to North Dakota Century Code sections 16.1-02-12, 16.1-02-15, 16.1-03-21, 16.1-07-05, 16.1-07-06(1), and multiple sections in chapter 16.1-11 and related statutes.
- Introduced: March 10, 2025
- Legislative status (as provided): Second reading — failed to pass (yeas 4, nays 42).
- Companion: HB 2673

Note on version content
- The supplied packet also includes an unrelated Illinois amendment and materials. This summary focuses only on the North Dakota provisions described in the bill caption and extracted ND text.

Purpose and intent
- Update what voter data is maintained in and released from North Dakota’s central voter file.
- Clarify who may access portions of the file and under what conditions.
- Adjust rules related to political organizations nominating candidates and the availability/format of primary ballots.
- Revise absentee/mail ballot application and emergency absentee procedures and specify required application fields.

Key provisions and changes

  1. Central voter file contents (amends 16.1‑02‑12)
  2. Lists required data elements to be maintained for each voter, including:

    • Full legal name, residential and mailing addresses, unique identifier, precinct and district assignments, date of birth, driver or tribal ID, and other necessary information.
    • Voting history retention changed from “four” years (or “Beginning in 2008, four”) to six years of voting history, including the political party associated with any primary ballot furnished under section 16.1‑11‑22.
  3. Access to voter lists and reports (amends 16.1‑02‑15)

  4. Clarifies that reports/lists from the central voter file may be made available to candidates, political parties, or political committees for election-related purposes only.

  5. Explicitly permits release to those entities of the data items identified in subsections 1, 2, 3, 4, 5, 6, 7, and 10 of 16.1‑02‑12 (e.g., name, addresses, unique identifier, eligibility/status, precinct, voting history, and other specified items).

  6. Records designated “secured active” are exempt and not available to candidates/parties except for the limited items in subsections 1, 2, and 7 (name, addresses, and voting history).

  7. Fees collected for producing lists/reports must be deposited in the Secretary of State’s general services operating fund.

  8. Eligibility of organizations to nominate state and legislative candidates (amends 16.1‑03‑21)

  9. Tightens/formalizes conditions under which a political organization may endorse or field candidates for president, Congress, statewide, or legislative offices.

  10. Adds an explicit pathway to qualify an organization to have candidates appear in a separate primary ballot column via petition meeting the signature requirement in 16.1‑11‑30.

  11. Absentee/mail ballot timing and application procedures (amends 16.1‑07‑05 and 16.1‑07‑06(1))

  12. A voter may apply at any time in an election year for an absentee ballot; application forms must allow the applicant to indicate which elections in the calendar year they wish to vote absentee for.

  13. If requesting a primary ballot under 16.1‑11‑22, the application must allow specifying which primary ballot is desired.

  14. County auditors/clerks generally may not issue absentee ballots on election day except for emergency situations; election‑day absentee requests must be through an agent and agents may represent only one individual. Absentee ballots issued under emergency rules must be returned by 4:00 p.m. on election day.

  15. The absentee/mail ballot application form (secretary of state‑prescribed or approved) must include specified fields such as applicant name, current residential address, mailing address, current contact phone (if available), the election requested, and, if applicable, the type of primary requested.

Who is affected
- Registered voters in North Dakota (changes to voting history retention, absentee procedures, and application requirements).
- County auditors/clerks and other election officials (new form requirements, emergency absentee rules, fees administration).
- Candidates, political parties, and political committees (clarified access to voter file data; limits on redistributing data; secured records restrictions).
- Political organizations seeking to qualify to nominate or place candidates on primary ballots (petition pathway clarified).

Procedural/timeline notes
- Bill was introduced March 10, 2025, and did not advance past second reading per the status provided (yeas 4, nays 42).
- Because legislative actions listed in the materials are partly inconsistent and include items from other jurisdictions, readers should consult the official North Dakota legislative status page or the Secretary of State for final disposition and any enrolled/updated text.

If you want, I can:
- Produce a redline showing exact textual changes between current law and the bill for the specific ND sections.
- Extract and summarize the remaining ND chapter 16.1‑11 changes if you provide the truncated text past section 5.

Compiled from official sources — confirm details with the bill’s official record.

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