Ballot disqualification stirs debate in Dickinson

DICKINSON — In a turn of events influenced by the nuanced wording in North Dakota's election guidelines, mayoral candidate LeRoy Hendrickson has been disqualified from the ballot, igniting debate over electoral interpretations.

The disqualification stemmed from issues with how signatures were recorded on Hendrickson's petition — specifically, some signatures were missing ZIP codes and contained abbreviations of the city name as Dix.

The City of Dickinson's election official has invalidated 127 of Hendrickson's 400 signatures, which left him 14 short of the required threshold needed to secure a spot on the ballot.

In response, Hendrickson announced his dismay at the decision and cited possible legal actions. Regardless, he says that without being placed on the ballot, he will run a write-in campaign in the upcoming election against the current, unopposed, Mayor Scott Decker.

"I called the Secretary of State's office to ask about the signatures," Hendrickson explained, "and they told me that Dickinson officials can make their own decisions. How can they just 'do what they want' when the instructions are explicitly outlined on the cover sheet?"

The crux of the issue lies in the petition form used by candidates to gather necessary nomination signatures. The form is divided into two main components: the front, or cover page, which collects candidate details and provides instructions for completing the form; and additional signature pages.

The instructions on the form state that signatories may either write "the name of the North Dakota city OR its corresponding ZIP code." This ambiguity has led to varied enforcement by election officials across the state and raised issues in Dickinson when signatures were disqualified for lacking both the city and zip code — in contrast to the directions on the form.

Contributed by LeRoy Hendrickson

Lee Ann Oliver, an election specialist for the North Dakota Secretary of State's Office, emphasized the intended flexibility of the guidelines.

"It's up to the filing officer what they're going to accept," she said. "The instructions on the form are not the law... they're directions." Oliver explained in an interview with The Dickinson Press. However, the decision by Dickinson’s election officials to require ZIP codes underscores the practical consequences of ambiguous regulatory language.

Oliver emphasized that the issue faced by Hendrickson is not unique, noting that when cities seek guidance from the Secretary of State's office, they are provided references of how the Secretary of State's office interprets the practice. However, the ultimate authority to make these decisions rests with the local officials.

"While there is a difference of opinion, our office does not get involved with these individual decisions," Oliver explained. "That is the prerogative of the filing officer."

Oliver did express that the Secretary of State's office should consider a review of the current definition and construct more comprehensively defined address requirements moving forward.

Oliver said her office routinely advises filing officers to consult with their respective city attorneys, stressing that in the event of a legal dispute the liability would lay with the city auditor and the city's legal counsel.

"We always say that filing officers should check with your city attorney because if someone is going to take you to court over that issue, it's going to be that city auditor and that city legal counsel working together against that court case," she said. "Not the Secretary of State's Office."

Dickinson City Attorney Christina Wenko was unable to provide a comment at the time of publication.

For further details on the candidates or to view a sample ballot, visit the North Dakota Secretary of State's election portal at vip.sos.nd.gov/candidatelist.aspx?eid=329.