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North Dakota Statutes § 16.1-15-20 County canvassing board may subpoena members of election board to correct errors - Failure to obey subpoena is a contempt

Up to Chapter 16.1-15: Canvass Of Votes - Canvassing Boards

Statute Text

When the returns of the election board officers are made to the county canvassing board, if any provision of law relative to the duties of the election board officers has not been complied with by the officers and the provision of law is capable of correction by the election board, the county canvassing board may issue subpoenas to the election board officers of the polling place in which the defect occurs. The subpoenas must require the election board officers to appear as soon as possible before the county canvassing board to correct any omission or mistake according to the facts. The amended or corrected returns then must be acted upon by the board. If any election board officer, subpoenaed as provided in this section, neglects or refuses to obey the subpoena, the individual so neglecting or refusing must be arrested upon a bench warrant issued out of the office of the clerk of the district court in the county where the proceedings occur. The individual arrested must be brought before the county canvassing board and shall make the necessary correction. A refusal on the part of an election board officer to make a correction must be deemed a contempt of the district court.

History

Amended by S.L. 2021 , ch. 164 ( HB 1253 ) , § 99 , eff. 8/1/2021 .

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