North Dakota Code § 16.1-13-23

Preparation of ballot by elector - Depositing - Second-chance voting
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Upon receipt of a ballot within the provided secrecy sleeve, the elector, without leaving the 
polling place, shall retire alone to one of the voting booths or compartments to prepare the 
elector's ballot by darkening the oval opposite the name of each individual for whom the elector 
wishes to vote. In the case of a ballot containing a constitutional amendment, an initiated or 
referred measure, or any other question to be submitted to a vote of the people, the elector shall 
darken the oval opposite the word or words expressing the elector's wish. After preparing the 
ballot, the elector shall place the ballot back in the provided secrecy sleeve so the ballot is 
concealed and so the initials of the inspector or election judge may be seen. The elector then 
shall deposit the ballot in the optical scanning device and wait to determine if the ballot is 
deposited into the ballot box or if the optical scanning device has indicated a possibility for a 
second-chance voting condition. If a second -chance voting condition is indicated, a voter may 
spoil and receive up to two additional ballots. The voter's third ballot must be cast as is and may 
not be returned to the voter even if errors exist causing certain votes not to be counted.

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