§ § 16.1-15-01.1Counting write-in votes.

1. A canvassing board may not be required to list in the official abstract of votes:
a. The number of write-in votes for an individual required to file a certificate of
write-in candidacy under section 16.1-12-02.2 but who has failed to file a
certificate of candidacy and be certified as a write-in candidate;
b. The number of write-in votes for a fictitious person or individual clearly not eligible
to qualify for the office for which the vote was cast;
c. A statement concerning a candidate under this subsection;
d. The number of write-in votes for a candidate for office if the total number of
write-in votes cast for the contest constitutes ten percent or less of the votes cast
by the voters for the candidate receiving the most votes for the office or political
party's nomination of a candidate for the office, except in the case of a primary
election in which enough votes were cast as write-in votes to qualify a name for
the general election ballot; or
e. The number of write-in votes for a candidate receiving fewer than three write-in
votes unless the number of votes received qualifies the candidate to be
nominated or elected.
2. A write-in vote for a candidate whose name is printed on the ballot will be tallied as a
vote for the candidate if the voter has not voted for more candidates than allowed for
the contest or voted for the same candidate more than once in that contest.
3. A write-in vote that does not need to be canvassed individually based on the
requirements of subsection 1 must be listed on the official canvass report as "scattered
write-ins".