N.D. Cent. Code § 16.1-07-18

Current through the 2023 Legislative Sessions

Section 16.1-07-18 - Definitions

In sections 16.1-07-18 through 16.1-07-33:

1. "Covered voter" means:

a. A uniformed-service voter whose voting residence is in this state;

b. An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements;

c. An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements; or

d. Any other overseas voter who was born outside the United States and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements, if:

(1) The last place where a parent or legal guardian of the voter was, or under this Act would have been, eligible to vote before leaving the United States is within this state; and

(2) The voter has not previously registered to vote or voted in any other state.

2. "Dependent" means an individual recognized as a dependent by the applicable uniformed service.

3. "Military-overseas ballot" means:

a. A federal write-in absentee ballot described in the Uniformed and Overseas Citizens Absentee Voting Act [103, 42 U.S.C. 1973ff-2 ];

b. A ballot specifically prepared or distributed for use by a covered voter in accordance with sections 16.1-07-19 through 16.1-07-33; or

c. A ballot cast by a covered voter in accordance with sections 16.1-07-19 through 16.1-07-33.

4. "Overseas voter" means a United States citizen who is outside the United States.

5. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

6. "Uniformed service" means:

a. Active and reserve components of the army, navy, air force, marine corps, and coast guard of the United States;

b. The merchant marine, the commissioned corps of the public health service, and the commissioned corps of the national oceanic and atmospheric administration of the United States; and

c. The national guard and state militia units.

7. "Uniformed-service voter" means an individual who is qualified to vote and is:

a. A member of the active or reserve components of the army, navy, air force, marine corps, or coast guard of the United States who is on active duty;

b. A member of the merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States;

c. A member of the national guard or state militia unit who is on activated status; or

d. A spouse or dependent of a member referred to in this subsection.

N.D.C.C. § 16.1-07-18

Added by S.L. 2011, ch. 154 (SB 2120),§ 3, eff. 8/1/2011.