North Dakota: Got Tribal ID? North Dakota Natives May Not Be Able to Use Theirs to Vote | ICTMN

In a news conference on Thursday, July 10, North Dakota Secretary of State Al Jaeger defended his strict reading of North Dakota voting law. The American Civil Liberties Union and the Freedom Resource Center, representing those with disabilities, had called on Jaeger to rethink his interpretation, which allows voters to use a small number of forms of identification. The rights groups say this has unfairly burdened tribal and disabled voters. Heather Smith, the ACLU’s North and South Dakota director, said Jaeger’s interpretation had created the “strictest voter ID law in the nation.” She claimed it violates the Voting Rights Act and flies in the face of federal-court decisions striking down such laws.

North Dakota: ACLU, Fargo nonprofit urge Jaeger to expand new voter ID requirements | Jamestown Sun

The American Civil Liberties Union is urging Secretary of State Al Jaeger to expand what it calls his “exceedingly narrow” interpretation of North Dakota’s new voter ID law to allow voters to use more forms of identification, warning the law could disenfranchise Native American and disabled voters, among others. Jaeger said Monday he received the letter from the ACLU — as well as a supporting letter from the Fargo-based nonprofit Freedom Resource Center for Independent Living — on Friday and was still reviewing it to develop a response, adding, “I can just go by what the law allows. As to whether we can do anything or not, that remains to be seen,” he said.

North Dakota: Groups want adjustments to voter ID rules | Bismarck Tribune

Two national groups have sent letters to the North Dakota Secretary of State protesting the application of the state’s new voter identification laws. The American Civil Liberties Union and the Freedom Resources Center for Independent Living claim the new voter ID laws could disenfranchise voters. In its letter, sent on Friday, the ACLU recommends expanding the forms of ID permitted to be used to include items such as passports, game and fish licenses and utility bills. Secretary of State Al Jaeger said Monday his office will review the letters and craft a response. However, he said his office is limited by statute as to what it can do in adopting any recommendations made by the groups.

North Dakota: Secretary of state says election glitch shouldn’t resurface | Bismarck Tribune

Officials with the North Dakota Secretary of State’s office said the cause of an election night technical problem with the state’s election results page has been fixed. Secretary of State Al Jaeger said safeguards have also been put in place to ensure any similar problems don’t occur during the Nov. 4 general election. To prevent a repeat of the primary election, a load test of the department’s site will be conducted sometime prior to the November election. Jaeger said testing of the state election website was done prior to the 2012 general election, which produced the largest voter turnout in state history. Deputy Secretary of State Jim Silrum said the problem was a relatively minor one discovered in the system. “It was a query that was running inefficiently,” Silrum said. “I can’t blame it on Information Technology Department; I can’t blame it on our vendor.”

North Dakota: Election results: now you see them, now you don’t as glitch hits website | Daily Journal

North Dakota political junkies scrambling to get primary election results Tuesday night suffered a case of now you see them, now you don’t as a computer glitch confused the numbers. A snafu in the state’s election website had supporters at a party for Fargo’s mayor and deputy mayor refreshing their smartphones and laptops for most of the evening, with only limited results. At one point Tuesday evening, the numbers went backward.

North Dakota: Computers, Ballots & IDs Cause Minor Issues in Primary Voting | Valley News

It is a big night for some key races here in the Valley and across the state of North Dakota. The Cass county Auditor’s office says they’re on track to exceed voter turnout compared to the 2010 primaries, when presidential nominees were not on the ballot. As of 4:00 p.m. they say 8,553 votes have come in. If you factor in early voting and absentee ballots, and that number is 12,348. Despite the turnout, there have been several issues at the polls with computers, ballots and with voter identification. At Bethel Church in south Fargo, space was an issue for voters. The location was forced to use a smaller room because of scheduling conflicts with the election and summer bible school.  Some voters say it was hard to vote in the smaller room. “It would be nice if we had a larger room to go to,” explains voter Donna Bladholm. “Especially for the people in wheel chairs, it is difficult to get around,” she says. Another voter called Valley News Live with the same issue, saying older voters using walkers had a hard time voting because, at times, there wasn’t enough space to sit down.

North Dakota: State first in election performance | Bismarck Tribune

An independent nonprofit organization has released its third analysis of how each state conducts its elections and for the third time North Dakota took the top spot on the list. The Pew Charitable Trusts released its elections performance index Tuesday, which it has released every two years since the 2008 election cycle. Pew based its results using 17 election indicators including voter turnout, the percentage of military and absentee ballots that aren’t returned, online registration to vote and the wait time for being able to vote. With North Dakota being the only state in the country that doesn’t have voter registration, it is exempt from several indicators used in the performance index. In the areas North Dakota was ranked in, it rated above the national average in every single category. “When you see Pew looked at all 50 states and the District of Columbia, and North Dakota consistently ranks very high, that’s encouraging,” North Dakota Secretary of State Al Jaeger said.

North Dakota: State plans voter ID campaign | Bismarck Tribune

Secretary of State Al Jaeger announced a statewide advertising campaign Monday that will use federal money to educate people on voter identification requirements for this year’s primary and general elections. “We want to make sure every qualified voter is made aware,” Jaeger said. The state of North Dakota has “an excellent history of elections” and the educational effort is meant to improve on that history, he said. The campaign, outlined by Jaeger at the state Capitol, consists of television, newspaper and radio advertisements that will be run weekly prior to the June 10 primary election and the Nov. 4 general election. Magazine ads and posters also are planned.

North Dakota: New Voter Id Law for North Dakotans | Valley News

A recent change to North Dakota law had some voters turn away on March 11, 2014 during the Fargo Public School District’s Special Election. About 25 voters did not have valid North Dakota id. This recent law comes years after allowing voters to use an affidavit or other forms of identification. North Dakota’s voter id law changed August of 2013 and now require a valid North Dakota id when voting at the polls. “I think the new voting law has caught many of us off guard including the voter, ” said Fargo school board member Robin Nelson.

North Dakota: State misses hearing in governor’s race lawsuit | Bismarck Tribune

Former North Dakota gubernatorial candidates went unrepresented in a court hearing Monday when Solicitor General Douglas Bahr failed to show up. Due to confusion over start times, Bahr missed a hearing in Morton County on a lawsuit filed by Paul Sorum over the result of 2012’s race for governor. Sorum, an independent candidate in the 2012 race, filed a lawsuit after his loss. Citing an error in paperwork, he requested the more than 300,000 votes for the Republican and Democrat candidates be thrown out and he be named governor. Gov. Jack Dalrymple was declared the winner with 64 percent of the vote. Democratic candidate Ryan Taylor received 35 percent. Sorum received 1.69 percent.

North Dakota: State adjusts November vote counts | INFORUM

More than six months after North Dakotans voted in the November general election, U.S. Sen. Heidi Heitkamp lost 174 votes and Gov. Jack Dalrymple gained one. Vote tallies for all statewide races and local races in Walsh County were changed by the State Canvassing Board on Thursday after the federal court system realized in mid-February that Walsh County had 300 more votes cast than the number of voters. Secretary of State Al Jaeger said human error happens, and he thinks the canvassing board has never met this long after an election before.

North Dakota: Voter ID Law Threatens to Silence Native Americans | Counterpunch

One would think that if you’re a U.S. Congressman who insulted your state’s largest minority population and threatened bodily injury to their Tribally-elected leaders while in the process of verbally assaulting a Native American woman at a very public state coalition meeting for Abused Women’s Services that you would apologize.  That would be the smart, decent thing to do, right? Apparently North Dakota Congressman Kevin Cramer doesn’t think so.  On March 26, 2013, he spent nearly half an hour laying into Melissa Merrick, the Director of the Spirit Lake Victim Assistance Program.  She’s also a tribal member who happens to be a survivor of child sexual abuse.  During that time, Cramer reportedly stated in front of a roomful of domestic violence advocates that he wanted to “wring the Spirit Lake tribal council’s necks and slam them against the wall.”  He also called tribal governments dysfunctional, and went on a tirade against provisions in the Violence Against Women Act that are meant to protect Native American women.  His tantrum was so disturbing that attendees at the meeting got up and left.  By the time the dust settled, another Native American woman present was in tears.

North Dakota: Walsh County struggles with miscount of November election | Grand Forks Herald

The Walsh County election canvassing board spent more than seven hours Tuesday without successfully finding the source of a 301-vote discrepancy in the Nov. 6 general election. That is, there were 4,603 people that voted, but the tally came to 4,904 votes. The board was still working, with no decision, late Tuesday evening. It’s possible, but officials believe unlikely, that one Walsh County Commission seat may hang in the balance.

North Dakota: Bill requiring ID to vote in North Dakota sent to governor | INFORUM

The Legislature has sent Gov. Jack Dalrymple a bill requiring an identification to vote. By a 60-24 vote, the House passed House Bill 1332, which will abolish the use of voter affidavits if Dalrymple signs it. Those backing the measure have said the affidavit process, which allows people to vote without proving who they or where they live, causes multiple problems during an election and can easily lead to voter fraud. During the 2012 election, 10,519 affidavits were signed, 379 were returned to the county auditor as unverifiable, and nine are being prosecuted as fraudulent, all out of a total of 325,000 votes.

North Dakota: Voter ID bill sent to governor | Grand Forks Herald

North Dakota voters may have to present identification before they can cast a ballot at the next election. Senate lawmakers Wednesday passed House Bill 1332 by a 30-16 vote, which will eliminate the voter affidavit process that allows a voter to cast a ballot without proof of eligibility. Currently, people who can’t prove residency at the polls can vote by signing an affidavit that says they are a North Dakota resident. The bill will be sent to Gov. Jack Dalrymple for his signature. The bill’s sponsor, Rep. Randy Boehning, R-Fargo, and other lawmakers have been concerned about the current system, arguing it leads to voter fraud. Opponents of the proposal raised concerns that requiring identification will make it difficult for elderly people and college students to obtain an ID because they are physically unable to or do not have a permanent residence to obtain one.

North Dakota: Split committee backs voter ID bill | Bismarck Tribune

The Senate Appropriations Committee gave a bill that would require a state-issued identification to vote a do pass recommendation on Tuesday. Committee members spent 30 minutes discussing House Bill 1332 before voting 7-6 in favor of the bill. The bill now heads back to the Senate Government and Veterans Affairs Committee for further review. Primary bill sponsor Rep. Randy Boehning, R-Fargo, said the bill deals with voter affidavits and details a requirement for having a state-issued identification to vote. Boehning pointed out a change made by the Government and Veterans Affairs Committee.

North Dakota: Lawmakers look at election changes | Bismarck Tribune

A number of bills introduced by lawmakers this session could bring changes to the way North Dakotans conduct elections, vote and report campaign finances. Thirty-one pieces of legislation have been introduced in both chambers in either bill or resolution form. The bills tackle issues including absentee ballots, voting locations, initiated ballot measures and voter identification. Rep. Randy Boehning, R-Fargo, called voting the public’s most important civic duty. “We need integrity in voting,” Boehning said. That’s why, he said, he’s the primary sponsor of House Bill 1332. The bill deals with voter affidavits and outlining a requirement for having a state-issued identification to vote.

North Dakota: Grand Forks activist loses appeal against state election official | Grand Forks Herald

A Grand Forks political activist who accused the secretary of state of discriminating against third-party candidates has lost his appeal before the state Supreme Court. Roland Riemers, a Libertarian who ran for governor last fall, lost his case in Grand Forks County district court in September. The state’s high court affirmed that ruling in an opinion released Tuesday. The case is Roland Riemers v. Alvin Jaeger, the secretary of state. Essentially, Riemers said the state prevented him from appearing on the November ballot as a Libertarian — he ran as an independent — because of a paperwork error, but did not penalize Republican and Democratic gubernatorial candidates for a different paperwork error. He wanted their names off the ballot, too.

North Dakota: Voter ID amendment survives debate in North Dakota House | Grand Forks Herald

Despite arguments that a significant proposed change to the North Dakota voting process was not given enough attention by a House committee, the House on Tuesday passed an amendment that would require voters to show identification before casting a ballot. The amendment would require all voters to present a valid ID before they cast their ballot during a primary or general election. The ID does not need to include a photo. The amendment’s sponsor, Rep. Randy Boehning, R-Fargo, and other lawmakers are concerned about the current system that allows a voter to cast a ballot without proof of eligibility by signing an affidavit that says they are a North Dakota resident.

North Dakota: Bill would require voters to show photo ID | The Jamestown Sun

North Dakota could go from taking people at their word on Election Day to requiring them to show a photo ID in order to vote, under a bill passed by a House committee Friday. The House Government and Veterans Affair Committee gave a do-pass recommendation to House Bill 1332 after the bill sponsor, Rep. Randy Boehning, R-Fargo, vice-chair of the committee, “hoghoused” his original bill, stripping it of its old language and adding new language to include the identification requirement. It also has a provision that the state would provide an ID card at no cost to an eligible voter without a driver’s license. The bill was passed out of committee with the amendment quickly, which concerned committee member Rep. Marie Strinden, D-Grand Forks. Strinden said the new language of the bill doesn’t address identification issues concerning college students, elderly or homeless individuals.

North Dakota: Election bills raise concern about voting ease in North Dakota | INFORUM

The auditor of North Dakota’s most populous county says several bills in the state Legislature would make it harder to vote and administer elections. Bills introduced by Republican lawmakers would shorten the time for early and absentee voting and more than double the number of days a person must live in a precinct before voting there. Under another bill, voters – often college students – who must fill out an affidavit because they don’t have proof of their current address would have to provide that proof within a week of the election to have their vote counted.

North Dakota: Berg concedes Senate race, averting recount | The Dickinson Press

After a long night of watching agonizingly close results roll in, U.S. Rep Rick Berg conceded North Dakota’s tightly contested U.S. Senate race to Democrat Heidi Heitkamp Wednesday afternoon. The decision headed off a potential recount that could have cost tens of thousands of dollars and dragged the contentious campaign out for another month.Speaking before the monthly luncheon gathering of the United Republican Committee of Cass County at Fargo’s Holiday Inn, Berg total a crowd of emotional supporters the margin of about 3,000 votes between him and Heitkamp was likely to hold up.

North Dakota: Berg not conceding North Dakota Senate race | The Hill

Republican Rep. Rick Berg said he will not concede the North Dakota Senate race to Democrat Heidi Heitkamp until the state completes its recount process, which would be next Tuesday. “This is a very close election, which is why North Dakota has a process in place to properly count each ballot and officially certify the result. This canvassing process will certify the election and provide an official result. The Berg for Senate campaign will await the results of the canvassing process before making any other announcements regarding the status of the election,” said Berg spokesman Chris Van Guilder in a release issued late Tuesday night.

North Dakota: Recount likely in North Dakota Senate race | The Hill

With all precincts reporting, Democrat Heidi Heitkamp is leading Republican Rep. Rick Berg by only 3,000 votes in the North Dakota Senate race. Heitkamp has 160,752 votes in the initial count, while Berg has 157,758.  The close margin between the candidates allows for a recount, and Berg has already vowed not to concede the race until one is completed.

North Dakota: A recount could put spotlight on North Dakota’s unique voting rules | INFORUM

A tight U.S. Senate race in North Dakota between Rick Berg and Heidi Heitkamp has some people talking about a possible recount. There is also talk a recount would create nightmares based on North Dakota’s election rules and the fact it is the only state without voter registration. North Dakota Secretary of State Al Jaeger finds this kind of talk irritating. “We’ve done recounts in the past. We know how to do them. If we have a recount, we are prepared,” said Jaeger, who expects strong scrutiny from political parties and their attorneys if a recount is necessary. And he knows what he will tell them: Look, here’s the law, here’s what we’re going to do and this is the plan we’re going to follow.

North Dakota: Judge says North Dakota ban on Election Day campaigning violates free speech rights | Grand Forks Herald

A federal judge on Wednesday barred state and local prosecutors from enforcing North Dakota’s ban on Election Day campaigning, saying the century-old restriction violates political speech rights. “There is no valid justification for the law in modern-day society, nor any compelling state interest offered to support its continued existence,” Judge Daniel Hovland wrote in his 13-page decision. Attorney General Wayne Stenehjem said Wednesday that Hovland’s ruling will not be appealed. He will ask the Legislature next year to repeal the law, Stenehjem said.

North Dakota: Inquiries prompt Jaeger to make sure election workers are ‘on the same page’ | The Dickinson Press

In yet another sign of North Dakota’s hotly contested U.S. Senate race, the Secretary of State’s Office is fielding questions from party officials about the process for having poll challengers and poll checkers at voting sites. The questions prompted Secretary of State Al Jaeger to email county auditors last week, informing them of balloting rules and that they’ll receive several messages before Election Day to address the inquiries “so that all of us are on the same page.” “Naturally, many questions are being prompted by the predicted closeness of the U.S. Senate race,” Jaeger wrote. “Without doubt, the eyes of the nation will be on North Dakota. Regardless, I know all of us will rise to the occasion and will have another well run election.”

North Dakota: Ex-GOP leader fights North Dakota Election Day campaign ban | The Associated Press

A former North Dakota Republican Party chairman who doesn’t want to take down the political signs in his yard before Nov. 6 has filed a federal lawsuit challenging a century-old state law that bans campaigning on Election Day. Gary Emineth argued Wednesday that the ban violates the free-speech rights of Republicans and Democrats alike. The law, which dates to 1911, bars anyone from attempting to influence others to vote, or not vote, for any candidate or ballot measure on Election Day. The current version exempts billboards and bumper stickers, but North Dakota’s political parties believe it applies to all other forms of advertising, including radio and television spots, newspaper ads and yard signs. To comply with the ban, political candidates and their supporters often scurry to take down yard signs and banners before midnight the day before Election Day.

North Dakota: National Group Sues To Overturn Election Day Campaigning Ban | Huffington Post

A conservative group that helped lead the legal battle that would eventually allow for the creation of super PACs is now working to overturn North Dakota’s ban on election day campaigning, arguing it violates the First Amendment. The Center for Competitive Politics is representing former North Dakota Republican Party Chairman Gary Emineth in a lawsuit Emineth filed in federal court Tuesday to overturn the state law. “We think the law is unconstitutional and it should be invalidated,” Allen Dickerson, the center’s legal director, told The Huffington Post. The suit has garnered opposition from Democrats — including the campaign of Democratic U.S. Senate candidate Heidi Heitkamp — who believe the suit is intended to help Republican Senate nominee Rep. Rick Berg win the seat.

North Dakota: North Dakota Investigation Implicates Petition Fraud | Governing.com

Nearly 25,000 signatures submitted to place two initiatives on North Dakota’s November ballot were fraudulent, according to a state investigation, raising questions about the widespread practice of contracting out signature-gathering for ballot petitions. Both groups behind the petitions—one would have created a state conservation fund; the other would have legalized medical marijuana—hired outside help to collect signatures for the petitions. But an investigation by the state bureau of investigation found that more than 17,000 of the 37,785 signatures for the conservation fund initiative and more than 7,000 of the 20,092 signatures for the medical marijuana initiatives were falsified. Because of the invalidated signatures, neither petition earned enough support to appear on the November ballot. Jaeger’s office has charged 10 individuals for facilitating voter fraud or filing a false statement, Class A misdemeanors that could result in a yearlong prison sentence or up to $2,000 in fines. As in most other states, those filing petition signatures in North Dakota are required to sign an affidavit swearing that they witnessed the signatures and that they are genuine.