The North Dakota State Legislature passed a new law, HB 1165, effective following the 2025 legislative session, that now requires mail-in ballots to be received by the close of polls on Election Day, except for military and overseas voters, who must mail ballots by that time and have them received by the county canvassing board meeting.
HB 1165 passed the State House on January 13, 2025 (91-1) and the State Senate with amendments on April 4, 2025 (88-3). The House concurred with Senate amendments, and the bill was signed into law.
Bill Overview:
HB 1165 amends various sections of the North Dakota code related to election processes. It includes changes to absentee ballot procedures and also repeals sections related to election notices and municipal voter registration.
The law changes aim to streamline processes, ensure uniformity, and clarify procedures for handling absentee ballots (typically mailed by voters).
HB 1165 adjusted the deadline for absentee ballots to align with President Trump’s March 25, 2025, EO 14248, “Preserving and Protecting the Integrity of American Elections.” The EO prohibits states from counting mail-in ballots received after Election Day. Previously, North Dakota allowed absentee ballots to be counted if they were postmarked by the day before Election Day and received within 13 days after the election.
North Dakota Republican Secretary of State Michael Howe supports the change and noted in a statement that in the 2024 general election, 392 mailed ballots arrived after Election Day and would have been rejected under the new law.
He described the change as a way to address inconsistencies with postmarking by the U.S. Postal Service and to comply with Trump’s executive order, emphasizing that it mirrors policies in neighboring states like South Dakota and Minnesota.
The Leftist League of Women Voters of North Dakota opposed the change, calling it an “overreach and overreaction” that could create barriers for rural voters, seniors, and those with disabilities, citing potential disenfranchisement.
Howe said, “Getting the message out about the absentee ballot change is imperative to ensuring certain voters aren’t disenfranchised. In addition to messaging going out to alert voters, the absentee envelopes make note of the return deadline. The new deadline allows absentee ballots to be physically returned to the county auditor’s office or to a drop box on election day until polls close. Previously, ballots had to be dropped off no later than the day before the election.”
Howe said, “The change is part of broader election integrity reforms. It aligns North Dakota law with the EO while maintaining secure, accurate, and accessible elections.”
The city of Minot, North Dakota, with a population of over 48,000 residents, will implement the new state law when it holds its Mayoral race on August 5. Howe said, “A lot of people are interested around the state to see how it goes.”
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