16.1-07-31. Prohibition of nonessential requirements

16.1-07-31. Prohibition of nonessential requirements

1. If a voter's mistake or omission in the completion of a document under sections

16.1-07-18 through 16.1-07-33 does not prevent determining whether a covered voter

is eligible to vote, the mistake or omission does not invalidate the document. Failure to

satisfy a nonessential requirement, such as using paper or envelopes of a specified

size or weight, does not invalidate a document submitted under this chapter. In any

write-in ballot authorized by law, if the intention of the voter is discernable, as provided

under the Help America Vote Act [42 U.S.C. 15481(a)(6)], an abbreviation, misspelling,

or other minor variation in the form of the name of a candidate or a political party must

be accepted as a valid vote.

2. Notarization is not required for the execution of a document under sections 16.1-07-18

through 16.1-07-33. An authentication, other than the declaration specified in section

16.1-07-27 or the declaration on the federal postcard application and federal write-in

absentee ballot, is not required for execution of a document under sections 16.1-07-18

through 16.1-07-33. The declaration and any information in the declaration may be

compared against information on file to ascertain the validity of the document.