North Dakota Administrative Code Title 72 - Secretary of State
**North Dakota Administrative Code
Title 72 – Secretary of State**
Overview
Title 72 of the North Dakota Administrative Code contains the administrative rules adopted and enforced by the Office of the Secretary of State. These rules govern matters relating to elections, business registrations, notary public services, lobbying, initiative and referendum procedures, and recordkeeping.
The Secretary of State acts as the chief elections officer and the primary custodian of official state records, and Title 72 provides the regulatory framework for carrying out these duties.
1. Purpose of Title 72
The primary objectives of Title 72 are to:
Ensure free, fair, and transparent elections
Regulate business entities and filings
Govern notaries public and commissioning
Oversee initiative, referendum, and recall processes
Maintain public records and official state documents
Regulate lobbyist registration and reporting
2. Major Areas Covered Under Title 72
A. Elections Administration
Title 72 establishes detailed rules for:
Voter registration procedures
Election day operations
Absentee and mail-in voting
Ballot preparation and security
Vote tabulation and certification of results
Key principles include:
Accuracy and integrity of ballots
Equal access to voting
Prevention of election fraud
Transparency in vote counting
Election officials at state and local levels must comply strictly with these rules.
B. Initiative, Referendum, and Recall
Title 72 regulates citizen-led democratic processes, including:
Petition format and content
Signature collection procedures
Verification of signatures
Deadlines for submission
Certification or rejection of measures
These rules ensure:
Authentic public participation
Prevention of fraud or misrepresentation
Fair access to the ballot
C. Business Entity Filings
The Secretary of State serves as the central filing authority for businesses.
Title 72 governs:
Formation of corporations, LLCs, partnerships, and nonprofits
Filing of annual reports
Amendments, mergers, and dissolutions
Registered agents and office requirements
Compliance ensures:
Legal recognition of business entities
Transparency for consumers and investors
D. Notary Public Regulation
Title 72 sets rules for:
Appointment and commissioning of notaries
Term length and renewal
Duties and ethical responsibilities
Grounds for suspension or revocation
Notaries are required to:
Verify identities
Prevent fraud
Maintain proper records
E. Lobbyist Registration and Reporting
The Secretary of State regulates lobbying activity through rules that require:
Registration of lobbyists and principals
Disclosure of lobbying expenditures
Periodic reporting
Compliance with ethical standards
These rules promote:
Transparency in government influence
Accountability in legislative advocacy
F. Records Management and Public Access
Title 72 includes provisions for:
Maintenance of official records
Public inspection of documents
Certification of records
Preservation of historical documents
The Secretary of State acts as the custodian of official state records, ensuring accessibility and accuracy.
3. Enforcement and Compliance
The Secretary of State may reject filings, issue corrective notices, or impose administrative penalties
Noncompliance can result in:
Denial of ballot access
Revocation of licenses or commissions
Administrative fines
Decisions may be subject to administrative or judicial review
4. Illustrative Examples
Example 1 – Election Compliance
A county election officer fails to follow ballot security procedures.
→ The Secretary of State may issue corrective instructions or invalidate affected ballots.
Example 2 – Business Filing
An LLC fails to submit its annual report.
→ The entity may be marked inactive or administratively dissolved.
Example 3 – Notary Misconduct
A notary notarizes documents without verifying identity.
→ Commission may be suspended or revoked under Title 72 rules.
Example 4 – Petition Deficiency
An initiative petition lacks required disclosures.
→ Petition is rejected and not placed on the ballot.
5. Legal Significance of Title 72
Provides uniform statewide standards
Ensures democratic accountability
Protects public trust in elections and records
Facilitates lawful business operations
Enhances transparency in governance
6. Summary
North Dakota Administrative Code – Title 72 (Secretary of State) regulates:
Elections and voting procedures
Ballot initiatives and referendums
Business entity registrations
Notary public commissions
Lobbyist registration and reporting
Official records and public access
It plays a central role in democracy, governance, and administrative transparency in North Dakota.
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