North Dakota: With election nearing, state of State asks for quick review of voter ID case | West Fargo Pioneer

The state of North Dakota has asked a federal judge to speed up his review in the ongoing battle over its voter identification laws as a statewide election draws closer. In a motion filed in U.S. District Court in North Dakota Friday, March 9, an attorney for the state noted that the primary election is just three months away. Moreover, absentee and mail-in ballots for that election can be submitted as early as April 27. Deputy Solicitor General James Nicolai wrote that "timely resolution of the pending motions brought by both sides is necessary for proper planning by election officials." He asked U.S. District Judge Daniel Hovland to "resolve this matter at the earliest possible time."

North Dakota: Warning of ‘thousands of unverifiable votes,’ State asks judge to lift order on voter ID law | Bismarck Tribune

The state of North Dakota asked a federal judge this week to lift a 2016 order preventing it from implementing its voter identification law without a "fail-safe" option previously available to voters. The Republican-controlled Legislature in 2013 eliminated the affidavit option that allowed voters who didn't provide an ID to swear their eligibility. That change, along with others made in 2015, were challenged in court by seven members of the Turtle Mountain Band of Chippewa who argued the laws were unconstitutional and discriminatory. A federal judge granted a preliminary injunction in August 2016, just a few months before the election, and later ordered North Dakota to offer the affidavits.

North Dakota: Aging voting machines could pose a challenge for counties | Prairie Public Broadcasting

In 2017, the North Dakota Legislature was asked to fund new voting machines. The Legislature declined. And that means North Dakota is using the same voting system it purchased back in 2004. "That's a long life span for technology," said Deputy Secretary of State Jim Silrum. Silrum said the current machines use the Windows 7 operating system. Windows no longer supports that system, and Silrum said the counties have had to cannibalize their existing machines to have some that still work. "You can't any longer find chips or motherboards that run slow enough, because modern technology has advanced," Silrum said. "They just say, 'Why would we want to build something so slow?'"

North Dakota: Attorney: New Voter Law Still Unconstitutional | Associated Press

Several members of an American Indian tribe in North Dakota have filed an amended lawsuit challenging the state's voter identification laws, saying the law remains a "form of voter suppression." Republican Gov. Doug Burgum signed legislation in April that reworked the ID laws after members of the Turtle Mountain Band of Chippewa sued the state in January 2016. The lawsuit alleged the ID requirements violated the U.S. Voting Rights Act and discriminated against Native Americans.

North Dakota: New complaint challenges latest North Dakota voter ID law | West Fargo Pioneer

Attorneys representing several members of the Turtle Mountain Band of Chippewa have filed a new complaint challenging North Dakota’s latest voter ID law. The amended complaint, filed Dec. 13, asks a federal judge to declare House Bill 1369 unconstitutional and prevent it from being implemented, arguing that it violates the national Voting Rights Act. The bill, sponsored by Republican lawmakers, was signed into law by Gov. Doug Burgum in late April. The plaintiffs already scored a legal victory in August 2016, when U.S. District Judge Daniel Hovland granted a preliminary injunction preventing the state from implementing its voter ID law without some kind of “fail-safe” option that was eliminated by the Legislature in 2013. Voters who didn’t bring a valid identification to the polls in November 2016 were offered affidavits to swear that he or she was a qualified elector.

North Dakota: As total voting sites drop, do elections suffer? | Bismarck Tribune

In June, more than 4,700 Grand Forks residents filtered through the Alerus Center -- and only the Alerus Center -- to vote on the future of a downtown’s Arbor Park. It was another sign of the polling consolidation popping up across the state, as voting locations continue a yearslong drop. The move was a first for the city, which had never before held its own single-site election. But in the aftermath of the vote, the debate over the park seemed settled, and Grand Forks leaders were glad to skirt the costs and logistical headache they say can come with polling sites all around town. Then came the lawsuit. A group of about two dozen voters sought to have the election voided, their case stated, in part because using a single-site system was an overreach of city authority. That claim was the result of months of concerns that the new system and its lower number of voting locations would reduce turnout and potentially change the election’s results.

North Dakota: Jaeger says no way to know if there is voter fraud now | Bismarck Tribune

Identified cases of voter fraud are rare in North Dakota, but weaknesses in the election system and lack of prosecution does leave room for getting away with it, according to information from the North Dakota Secretary of State's Office. "While some individuals argue that there is no evidence of widespread voter fraud, there are others who argue the exact opposite. Regardless, the truth is that under the current forms of election administration, it is not possible to establish whether widespread voter fraud does or does not exist because it is difficult to determine either way when proof is not required of voters when registering or prior to voting," Secretary of State Al Jaeger wrote to the Presidential Advisory Commission on Election Integrity. When cases are suspected, he wrote, "This office has often been informed the State's Attorneys have cases of 'greater consequence' on which to focus. Unfortunately, there can be no convictions when there is no will to prosecute."

North Dakota: State officials unable to provide voter info to election commission | INFORUM

North Dakota state officials are unable to provide requested voter information to a controversial committee studying alleged voter fraud, Secretary of State Al Jaeger told the commission this week. In a letter to the Presidential Advisory Commission on Election Integrity dated Tuesday, Sept. 5, Jaeger said North Dakota doesn't register voters and state law doesn't allow information maintained in its Central Voter File to be shared "except with certain individuals and groups and for a specific limited purpose." He said information in the CVF is only available to candidates, political parties and political committees and may only be used for election-related purposes. "The commission does not qualify as an eligible recipient," Jaeger, a Republican, wrote.

North Dakota: City election date debated by lawmakers | Bismarck Tribune

Moving local elections to November may make it harder for voters to keep track of races, a North Dakota lawmaker said Tuesday. The interim Government Administration Committee began examining the possibility of moving city and other local elections from June to November during a meeting at the state Capitol Tuesday. City elections in North Dakota are held on the second Tuesday in June in each even-numbered year, coinciding with primary elections for state and federal offices, while general elections are held in November during each even-numbered year. The resolution requesting the legislative study said conducting local elections at the same time as the primary may cause voter confusion. Moreover, newly elected city officials have only about two months to get up to speed before cities have to prepare preliminary budgets.

North Dakota: New ND voter ID law to go into effect | Grand Forks Herald

A recall election in a town of about 45 people is expected to be among the first tests of North Dakota's new voter identification law later this year. The new law, passed by the Republican-controlled Legislature and signed by Gov. Doug Burgum in late April, goes into effect Saturday, July 1, along with a swath of other bills. July 1 marks the beginning of a new two-year funding cycle known as a biennium. Proponents of the new law said it will help protect the "integrity" of North Dakota elections while addressing concerns raised by a federal lawsuit over voter ID requirements passed in the previous two legislative sessions.

North Dakota: Burgum signs voter ID bill amid lawsuit | Bismarck Tribune

North Dakota Gov. Doug Burgum signed legislation amending the state's voter identification laws Monday, April 24, despite warnings it doesn't comply with a federal judge's ruling. Burgum signed House Bill 1369, his spokesman Mike Nowatzki said. It comes amid a federal lawsuit challenging changes made by the Republican-led Legislature in the past two sessions. The bill allows those who don’t bring a valid ID to the polls to cast a ballot that’s set aside until they produce an ID. If an ID doesn’t include required information or is out of date, a voter could use a current utility bill, bank statement, government-issued check, paycheck or government document to supplement the ID.

North Dakota: Lawmakers pass voter ID bill, but attorney says it doesn’t follow court ruling | West Fargo Pioneer

A bill adjusting North Dakota’s voter ID law awaits action from Gov. Doug Burgum after the Legislature approved it this week. The Senate passed House Bill 1369 in a 35-10 vote Tuesday, April 18, after the House approved it Monday. Although proponents said it will help protect the integrity of the state’s elections, an attorney challenging North Dakota’s voter ID laws said the bill doesn’t comply with a federal judge’s 2016 ruling. For those who don’t bring a valid ID to the polls, the bill allows voters to cast a ballot that’s set aside until they produce an ID. If an ID doesn’t include required information or is out of date, a voter could use a current utility bill, bank statement, government-issued check, paycheck or government document to supplement the ID.

North Dakota: New voter ID bill heads to the Governor | Prairie Public Broadcasting

The Legislature has passed and sent to Governor Bugrum a new voter ID bill. It replaces the law that was declared unconstitutional by a federal judge in North Dakota. The law – passed in 2013 – got rid of the “voter affidavit.” A person who wanted to vote but did not have proper ID could sign that affidavit – and would be allowed to vote. But Judge Daniel Hovland ruled that because the affidavit was discontinued, there was no “fail safe” mechanism for voters without an ID. Hovland said that would put an undue burden on the Native American population.

North Dakota: Legislature attempting to fix voter ID rules after lawsuit | Associated Press

After altering voter identification laws in previous legislative sessions, North Dakota's Republican-led Legislature now is attempting to fix them after a group of American Indians sued in federal court, alleging the state requirements are unconstitutional and disenfranchised tribal members. The House passed a bill Monday that allows those who don't have proper ID to cast a ballot that's set aside until the voter's eligibility is confirmed. The Senate still must agree to the measure before it goes to GOP Gov. Doug Burgum for his signature. Before 2013, a voter could sign an affidavit attesting to his or her eligibility to vote in the precinct but the Legislature removed that provision. Some members of the Turtle Mountain Band of Chippewa sued last year, alleging the reworked state requirements are unconstitutional and robbed tribal members of their right to vote.

North Dakota: Voter ID bill, eliminating affidavit option, passes North Dakota Senate | Bismarck Tribune

North Dakota senators approved changes to the state’s voter identification laws Monday. The bill, introduced by House Majority Leader Al Carlson, R-Fargo, requires voters to provide an identification issued by the state Department of Transportation or tribal government. It also includes options for those living in “special circumstances.” If the information on the ID isn’t current, it could be supplemented with a current utility bill, bank statement or paycheck.

North Dakota: Lawmakers considering changes to the state’s voter ID laws | KFYR

North Dakota is the only state in the country without voter registration, which makes voting easier in theory. The American Civil Liberties Union, however, calls the state's voter identification laws the most restrictive in the nation. The Turtle Mountain Band of Chippewa Indians are suing the state over voter identification laws. In response, a federal judge told the state it must allow voters to fill out an affidavit to vote in the 2016 general election. Lawmakers argue these affidavits allow people to vote illegally by claiming they live where they don't.

North Dakota: Jaeger hopes to restore funding for voting machines, electronic poll books | Prairie Public Broadcasting

Secretary of State Al Jaeger is hoping the state Senate will restore funding for new voting machines and new electronic poll books. Jaeger proposed a $6 million expenditure to replace the voting machines, as well as another $4 million to have electronic poll books in all the counties. But the House nixed both items. Jaeger said the current voting machines were purchased in 2004 as part of the federal Help America Vote Act. He said the counties have had to cannibalize existing machines for parts to keep some of the machines running.

North Dakota: Voter ID bill easily passes North Dakota House | Bismarck Tribune

New voter identification requirements passed the North Dakota House Thursday. For voters who don’t have a proper ID, the bill does away with the affidavit option that was available during November’s election in favor of a ballot that is set aside and excluded from the count until the voter’s eligibility is confirmed, said Rep. Scott Louser, R-Minot. He called it a “voter integrity bill.” House Bill 1369, introduced by House Majority Leader Al Carlson and other Republican lawmakers, passed on a 74-16 vote Thursday. “Everyone eligible to vote in North Dakota elections shall be able to vote one time, and everyone not eligible to vote in North Dakota elections shall not be able to vote,” Louser said.

North Dakota: Voter ID again comes before North Dakota Legislature | INFORUM

North Dakota lawmakers are again considering changes to the state's voter identification requirements, an issue that has landed the state in federal court over previous laws passed by the Legislature. House Bill 1369 would help preserve the integrity of the state's elections, House Majority Leader Al Carlson, R-Fargo, said in testimony to the House Government and Veterans Affairs Committee Friday, Jan. 27. "By no means does this bill attempt to disenfranchise voters," he said. "This bill only attempts to verify and make that those voters are, in fact, true North Dakota residents and are allowed to vote." The bill would require qualified electors to provide a driver's license, non-driver's identification card or tribal ID. If the ID doesn't include the required information or is out of date, the voter could present supplemental documents such as a current utility bill, bank statement or a government-issued check.

North Dakota: Election officials warn of equipment failures, seek state funding | Jamestown Sun

North Dakota county officials are warning the state's aging election system could be "unworkable" by the next presidential contest and are seeking state funding for new equipment. But legislators who are trying to fund state agencies and programs with significantly less tax revenue than they had just a few years ago are hesitant to meet the request. House Bill 1123, introduced at the request of the Secretary of State, would appropriate $9 million from the general fund to replace equipment such as ballot scanners across the state. House Bill 1122 would appropriate $3 million to place electronic poll books, which are currently used by only eight counties to check in voters, in every polling location in North Dakota.

North Dakota: Jaeger asking for new voting machines, electronic poll books | Prairie Public Broadcasting

North Dakota’s Secretary of State says it’s time to replace the state’s voting machines. Al Jaeger has asked the 2017 Legislature Jaeger has asked for a $9 million appropriation for that. He says the current machines were first used in 2004. "Even at that time, though the equipment came in fancy new boxes, the technology was already aged," Jaeger said. "We're now at a point where the voting system is not being supported any more." Jaeger said counties have had to cannibalize some of their devices for parts, to keep some machines running. "We haven't had any malfunctions," Jaeger said. "But we know in another election, it would be very difficult to be able to run it."

North Dakota: More than 16,000 voter affidavits filed in North Dakota election | Bismarck Tribune

More than 16,000 voter affidavits were filed in this year’s general election, according to a survey of North Dakota county auditors. Less than two months before the Nov. 8 election, a federal judge ordered North Dakota to provide the affidavit as an option to voters. The elimination of that option by a 2013 state law is part of a lawsuit brought against North Dakota Secretary of State Al Jaeger by seven members of the Turtle Mountain Band of Chippewa. Affidavits allow voters to cast a ballot even if they cannot provide a valid form of identification. The voter swears to being a qualified elector in a particular precinct, and falsely swearing to an affidavit is a Class A misdemeanor. Donnell Preskey Hushka, government and public relations specialist with the North Dakota Association of Counties, surveyed county auditors and found 16,395 affidavits were filed across the state this year.

North Dakota: Local election officials: Voter fraud ‘pretty impossible’ here | INFORUM

In less than 48 hours, Donald Trump said or tweeted more than 20 times how he believes the election process is rigged. He's even gone as far as to encourage his supporters to go out on Election Day to 'stop voter fraud.' … "I think it's all kind of ridiculous," said Natasha Berg, first time voter. "It's just the last straw he's trying to grab to get any kind of relevance he has left," said Jackson Frey, voter. Trump going as far as to tell his supporters to do their part to stop it. "Go to your place and vote and go pick some other place and go sit there with your friends and make sure it's on the up and up," Trump said. This could cause voter intimidation worries for local election officials on Election Day. "That's always a claim people make but we don't really see it," said Mike Montiplaisir, Cass County Auditor.

North Dakota: Judge’s order requires voter affidavit option in North Dakota | Bismarck Tribune

North Dakota will offer an affidavit to voters who don’t bring an identification to the polls, a federal judge ruled Tuesday. U.S. District Court Judge Daniel Hovland’s order comes roughly a month and a half after he said the state couldn’t implement its voter ID laws without offering some kind of “fail-safe” mechanism. Seven members of the Turtle Mountain Band of Chippewa sued Secretary of State Al Jaeger in January, arguing the voter ID laws passed by the Republican-controlled Legislature in 2013 and 2015 disproportionately burden Native Americans. The 2013 change eliminated the option to use an affidavit, which voters could use to swear they were a qualified elector in a particular precinct, as well as the ability for poll workers to vouch for a voter’s eligibility.

North Dakota: Voter affidavits will be an option at election | INFORUM

The North Dakota Secretary of State's Office plans to offer affidavits to voters who don't bring a valid identification to the polls in November, although a legal battle over the state's voter ID laws is still ongoing. The move follows a ruling from a federal judge that prevented the state from implementing its current voter ID laws without also using some kind of "fail-safe" provision, such as an affidavit. The Aug. 1 order granting a preliminary injunction stemmed from a lawsuit brought against Secretary of State Al Jaeger by seven members of the Turtle Mountain Band of Chippewa who argued the North Dakota's laws disproportionately burden Native Americans. The lawsuit focused on changes made by the Republican-controlled Legislature in 2013 and 2015. The 2013 change eliminated the option for voters who didn't provide an ID to use an affidavit to swear, under penalty of perjury, that he or she was a qualified elector in a particular precinct.

North Dakota: State preps for election after voter ID ruling | INFORUM

North Dakota Secretary of State Al Jaeger said last week it's too early to say what forms of identification will be accepted for voting in November's election, but a plan is being developed after a federal judge recently ruled against the state's new voter ID laws. On Aug. 1, U.S. District Court Judge Daniel Hovland issued a preliminary injunction requested by seven members of the Turtle Mountain Band of Chippewa who sued Jaeger in January, arguing the voter ID laws passed by the Republican-controlled Legislature in 2013 and 2015 were unconstitutional and disenfranchised tribal members. Jaeger, a Republican, said "the process of reverting back to the pre-2013 law is not as easy as the judge may have made it sound in his ruling." He said he wasn't able to say yet which IDs will be accepted at the polls come November. However, the state will comply with Hovland's order, Jaeger said.

North Dakota: Federal judge blocks North Dakota’s voter-ID law, calling it unfair to Native Americans | The Washington Post

A federal judge on Monday called North Dakota’s strict voter-ID law unfair to Native Americans and blocked its use in the coming election, continuing a series of recent victories against restrictions imposed by state legislatures. In recent days, judges have blocked or loosened voting restrictions in Texas, North Carolina, Wisconsin and Kansas. The fights have pitted Democrats and civil rights groups who say restrictive ID laws discriminate against minorities against Republican legislators, who say they enacted the laws to combat voter fraud and protect the public’s confidence in elections. U.S. District Judge Daniel L. Hovland said North Dakota for years had provided a safety net for those unable to provide the specific kinds of ID required, and that eliminating it in 2013 would mean eligible voters are disenfranchised. Before 2013, the state allowed many forms of identification for use at the polls, and those without could sign affidavits to their identity. But the 2013 law allowed only four forms of ID: a North Dakota driver’s license; a North Dakota non-driver’s ID card; a tribal government-issued ID card; or an alternative form of ID prescribed by the secretary of state. A provision added last year prohibited the secretary of state from allowing college IDs or military IDs to be used.

North Dakota: North Dakota becomes latest state to have voter ID ‘burden’ blocked | The Guardian

North Dakota on Monday became the latest state to have its voter identification law blocked by a federal court, adding to a string of recent rulings across the US on the grounds that such measures disenfranchise poor and minority voters. North Dakota joined North Carolina and Wisconsin, where voter-ID restrictions were struck down by federal courts on Friday, victories for advocates who claim the measures are an attempt to suppress voters who tend to cast ballots for Democrats. Seven Native American voters filed a federal law suit against North Dakota claiming measures passed by the Republican-led legislature in 2013 and 2015 are unconstitutional and violate the US Voting Rights Act. The laws added restrictions to the types of identification voters can use at polling places and banned “fail-safe” provisions allowing them to vote without the required identification in certain circumstances.

North Dakota: Attorney for Native Americans challenging voter ID law says Texas ruling ‘enhances our case’ | INFORUM

An attorney for Native Americans fighting recent changes to North Dakota's voter identification laws said Thursday a federal appeals court ruling this week declaring a similar Texas law to be discriminatory "certainly enhances our case." Seven members of the Turtle Mountain Band of Chippewa filed a federal lawsuit in January against North Dakota Secretary of State Al Jaeger, arguing that voter ID requirements passed by the state's Republican-controlled Legislature in 2013 and 2015 are unconstitutional and "disproportionately burden and disenfranchise" tribal members. One of their attorneys, Tom Dickson of Bismarck, was encouraged by Wednesday's 9-6 ruling by the U.S. Circuit Court of Appeals for the 5th Circuit, which found a Texas law requiring voters to show a government-issued ID is discriminatory and violates the U.S. Voting Rights Act.

North Dakota: Group asks judge to block ND Voter ID law | KFGO

A federal judge has been asked to temporarily block the enforcement of North Dakota's Voter Identification Law. The request was filed by attorneys who represent members of the Turtle Mountain Band of Chippewa. Earlier this year, they filed a lawsuit that claims North Dakota's voter ID requirements ''disproportionately burden and disenfranchise Native Americans.'' Court documents say an injunction would restore the right to cast ballots by signing an affidavit, or by a poll worker's personal knowledge of a voter's eligibility.