Responsive Gov’s Grade TL;DR

The Assembly implemented some important pro-voter policies during this past year’s legislative session. It expanded the deadline for voters to cure signature issues and it extended the timeframe for clerks to begin preprocessing ballots. However, the Assembly also acted to curtail the governor’s emergency powers after he took the responsible step to expand access to vote by mail during the pandemic in 2020. North Dakota received a B- on this year’s progress report.

Looking Back

Where North Dakota Started at the Beginning of 2023

• Automatic Voter Registration: N/A
• Online Voter Registration: N/A
• Same-Day Registration: N/A
• Restoration of Rights: Prison Disenfranchisement
• Vote by Mail: No-Excuse
• Electronic Registration Information Center Member: No
• Early Voting Opportunities: Regular Ballot Early Voting
• ID Requirements: Strict Non-Photo ID

Relying on the Cost of Voting Index for North Dakota as of 2022, we considered the state a top tier state for pre-existing voting policy and compared its 2023 activity against other top tier states.

How Our Tier Compares

• COVI (2022): 10th
• EPI Score (2020): 5th
• CLC State Scorecard (2022): 7/10
• MAP Democracy Rating (2022): FAIR

2023: This Past Year

Legislative Action

The Assembly passed a mixture of pro and anti-voter reforms during this past session.

• H 1192 extends the deadline for voters to cure mismatched signatures on absentee ballots to thirteen days after the election and allows auditors to begin preprocessing mail ballots three days before the election, among other things.
• S 2292 expands the definition of “election observers” and entitles them to access where they “can plainly view and hear the occurrences of the polling place, without infringing on the voter privacy area.” The law balances expanded observer access by also amending the existing crime of obstructing a voter to ensure observers do not disrupt the voting process.
• H 1167 limits the governor’s ability to take actions during emergencies. This was instituted as a direct response to actions the governor took during the 2020 election to keep voters safe by mailing all voters a primary ballot so they could participate in the election from the safety of their home.
• H 1431 requires any voter that shows a state driver’s license or ID card that indicates non-citizenship to cast a provisional ballot and later return to their election official with a state driver’s license or ID card that does indicate citizenship in order for their ballot to be counted.