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SB 2175

AN ACT to amend and reenact section 16.1-06-15 of the North Dakota Century Code, relating to conducting and reporting postelection audits.

69th Legislative Assembly (2025-26) Introduced by Keith Boehm and 5 co-sponsors

Requires mandatory pre-election testing of voting systems and random, statewide postelection audits to verify results and improve transparency in North Dakota elections.

Filed with Secretary Of State 03/20
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Bill Summary · SB 2175

SB 2175 — Summary (Senate Bill to amend NDCC §16.1‑06‑15)

Introduced: March 10, 2025
Status (provided): Filed with Secretary of State 03/20; adopted by State & Local Government Committee (committee report dated Jan 23, 2025)

Purpose

To clarify and require standardized pre‑election testing and a statewide postelection audit regime for voting systems used in North Dakota, and to set basic procedures, timing, and reporting requirements for those tests and audits.

Key provisions

  • Mandatory pre‑election testing:

    • All voting systems must be tested according to Secretary of State guidelines and by the county auditor (or designee) prior to each election at which the system is used.
    • For paper ballot systems, testing must process a preaudited set of ballots with predetermined vote patterns (including ballots over‑voted to test rejection behavior). Errors must be identified, corrected, and an errorless count secured.
    • Tests must be conducted at least one week before the election; county auditors must notify district party chairs one week before the test.
    • Programming for each voting device must be sealed with a uniquely numbered seal after testing; election inspectors verify seals before polls open.

  • Postelection audits (random, statewide):

    • After each statewide primary, general, and special election, the Secretary of State will order a random postelection audit selecting one precinct/polling location in each county.
    • Audits follow logic‑and‑accuracy procedures; they must begin on the sixth day after election day and conclude by the eighth day after election day, and occur before the county canvassing board meeting.
    • County recorder delivers the wrapped ballots from the selected polling location to the county auditor for the audit.
    • County auditor appoints an election board (per §16.1‑05‑01) and must give public notice of audit date/time/location.
    • The election board reviews ballots from: one federal contest, one statewide contest, one legislative contest (if present), and one county contest.
    • If discrepancies are found between tabulated results and the audit, the Secretary of State may order additional audits within the county. Audit results serve as the official record used during canvassing.
    • Upon completion, the election board prepares ballots per §16.1‑15‑08; county auditor returns ballots to county recorder for storage per §16.1‑15‑13. The election board submits audit results to the Secretary of State for publication.

Who is affected

  • County auditors, county recorders, and local election boards (operational and administrative duties).
  • Secretary of State’s office (procedure definition, audit orders, publication).
  • Voting system vendors (must pass logic/accuracy and seal requirements).
  • Voters (indirectly: increased procedural safeguards and public reporting).

Procedural/timeline notes

  • Pre‑election tests: at least one week before the election.
  • Postelection audits: start day 6 after election, end by day 8, and must be completed before county canvass.
  • Random selection: one precinct per county for statewide primary, general, and special elections.

Potential impacts

  • Increases post‑election verification and transparency through uniform audits and public reporting.
  • Adds administrative workload and minor timing constraints on counties (scheduling audits within a short post‑election window).
  • May incur modest costs for staffing, notice, secure handling and storage of ballots, and potential additional audits when discrepancies are found.

Legislative status (from materials provided)

  • Introduced March 10, 2025; filed with Secretary of State 03/20. Committee report dated Jan 23, 2025 indicates committee adoption. (Readers should consult the official legislative website for the bill’s current status and final disposition.)

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

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