North Dakota Code § 16.1-07-12

Opening ballot - Voting or rejecting - Depositing in ballot box - Preserving
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1. At any time beginning three business days before election day and ending when the 
polls close on election day, the election clerks and board members of the relevant 
polling place first shall compare the signature on the application for an absent voter's 
ballot with the signature on the voter's affidavit provided for in section 16.1 -07-08 to 
ensure the signatures correspond. If the applicant is then a duly qualified elector of the 
precinct and has not voted at the election, an election clerk or board member shall 
open the absent voter's envelope in a manner as not to destroy the affidavit on the 
envelope. The election clerk or board member shall take out the secrecy envelope with 
the ballot inside without unfolding the ballot, or permitting the ballot to be opened or 
examined, and indicate in the pollbook of the election the elector has voted. The 
election board members not participating in the comparing of signatures and entering 
voters into the pollbook shall remove the ballot from the secrecy envelope, unfold and 
initial the ballot, and deposit the ballot in the proper ballot box for tabulation. The votes 
from the ballots may not be tallied and the tabulation reports may not be generated 
until the polls have closed on election day. 
2. If the affidavit on the outer envelope of a returned absentee ballot is found to be 
insufficient, or the signatures on the application and affidavit do not correspond, or the 
applicant is not then a duly qualified elector of the precinct, the vote may not be 
allowed, and without opening the absent voter's envelope, the election inspector or 
election judge shall mark across the face of the ballot "rejected as defective" or 
"rejected as not an elector", as the case may be. The ballots rejected under this 
subsection then are turned over to the county canvassing board for final determination 
of eligibility. The subsequent death of an absentee voter after voting by absentee ballot 
is not grounds for rejecting the ballot.

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