North Dakota
Before the real voting, there’s the trial run • North Dakota Monitor
Bob Henderson, the director of information technology in Cass County, called it one of the most important but most tedious parts of election preparation — testing the machines that tabulate the votes.
Before voting begins, the vote tabulators are fed a “test deck” — a group of ballots that is filled out before the election to make sure machines get the correct vote total.
Similar tests are done in every county across the state before the machines are used.
The North Dakota Monitor observed the public demonstrations Cass and Burleigh counties did of voting equipment leading up to the election.
“It went as it should go,” Mark Splonskowski, auditor-treasurer for Burleigh County, said of the test. “It counted it correctly and then we zeroed it out and made sure it was at zero when we were done.”
Henderson and other Cass County election officials demonstrated how the voting machines work and answered questions about the election process on Oct. 25 at a Fargo warehouse where the county stores its election equipment.
Nathan Hansen, who works in the county’s finance office, fed ballots into the machine by hand, just as a voter would, unless a voter asks for help from an election official. Some of the ballots are intentionally mismarked, such as voting for two candidates in the presidential race, to make sure the machine flags those kinds of mistakes for voters so they can get a new ballot to fix the mistake if they want to.
The machine will also flag races that are skipped or where the voter does not vote for the maximum number of candidates, such as voting for only one candidate for state House of Representatives when voters can select two.
Voting already has been taking place for weeks in North Dakota by absentee or mail-in voting and early in-person voting.
Cass County, North Dakota’s most populous county, runs more than 500 ballots through each of the more than 60 voting tabulators before they are given the stamp of approval.
The number of test ballots is determined by the number of contests. A county or precinct with fewer races will have fewer scenarios to test for.
During the Burleigh County test, Splonskowski demonstrated how the machine won’t allow multiple ballots to be inserted at the same time. He added the height and width specifications of the ballots must match the requirements of the machine.
Rep. Karen Karls, R-Bismarck, chair of NDGOP District 35, also viewed the Burleigh County election equipment test.
“It seems pretty straightforward,” Karls said of this year’s test.
She said she comes to the test every election cycle because some of her voters have concerns about election security.
“There are election deniers out there, and so I ask the questions and hopefully get the answers that take care of the problem,” Karls said.
Splonkowski said election officials and state lawmakers have tried to get ahead of election integrity questions.
“What I want is an informed electorate,” Splonskowski said. “I want informed legislators, so they know how the process works, so that they can understand it better. If there are to be improvements made, you can’t make improvements unless you already know how it works.”
All ballots cast in North Dakota are paper ballots, whether filled in manually or with a touchscreen. Henderson calls the touchscreen “a digital pencil” that transfers the voter’s choices to a paper ballot. The voter can review that ballot before submitting.
Henderson emphasized that neither the touch screen nor the vote tabulators are connected to the internet. Flash drives or “data sticks” are used to physically take results from the machine to the auditor’s office, but the paper ballots are put into sealed containers for potential verification.
Cody Schuler, advocacy manager of the American Civil Liberties Union in North Dakota, observed the Cass County demonstration.
The ACLU is among the groups that monitor voting sites and take reports of irregularities. The ACLU partners with the League of Women Voters on voter access issues.
“If folks feel their rights are being violated, or if there are long lines and want to report things that might be hindering people’s accessibility to the polls, those are the kind of things that people need to self-advocate for, but the ACLU and our partner organizations across the nation do that and we’re active here in North Dakota,” Schuler said.
Voters also can report issues to either of those groups, the county or to the secretary of state.
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FARGO, N.D. (KELO) — The Sioux Falls Stampede staved off elimination with a 2-1 overtime win over the Fargo Force in game four of the USHL Western Conference Finals Saturday night.
Thomas Zocco scored the game-winner 12 minutes into the extra period. Arseni Marchenko put Fargo on the board first in the first period. Noah Mannausau tied the game for the Herd in the second period.
Sioux Falls outshot Fargo 53-49, including 9-5 in overtime. Linards Feldbergs made 48 saves.
Three of the four games of the series have gone to overtime. The winner-take-all game five is Tuesday at the Premier Center.
New ballot measure guide to be mailed to North Dakota voters ahead of election
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BISMARCK (North Dakota Monitor) — A federal district court judge indicated he will nullify a nearly $28 million judgment against the federal government related to costs North Dakota incurred during the Dakota Access Pipeline protests so the parties can reach a settlement.
North Dakota is still set to receive a payment Attorney General Drew Wrigley described as satisfactory, but attorneys would not disclose the amount during a Friday hearing.
Attorneys for the United States and North Dakota said the settlement would allow the parties to avoid litigating the case in appeals court,putting the nearly seven-year-old lawsuit to rest.
“We’re hoping we really don’t need to fight any further,” Department of Justice attorney Jonathan Guynn said during the hearing.
The lawsuit, filed in 2019, concerns demonstrations against the construction of the crude oil pipeline, also known as DAPL, that took place in rural south-central North Dakota in 2016 and 2017.
North Dakota claims the federal government caused the protests to grow in size and intensity by unlawfully allowing demonstrators to camp on federal land. The state says it had to pay millions of dollars on policing and cleaning up the encampments as a result. The United States denies the state’s allegations.
North Dakota U.S. District Court Judge Daniel Traynor in April 2025 sided with the state and ordered the executive branch to pay North Dakota the $28 million sum, a decision the U.S. Department of Justice later appealed to the 8th Circuit.
If the settlement moves forward, North Dakota would receive a “substantial monetary payment” from the United States, attorneys said Friday. As a condition of the agreement, the Department of Justice wants Traynor’s judgment and three other orders in which he ruled against the United States to be voided. That includes the court’s 120-page ruling from April 2025.
Both parties said Friday that having the rulings nullified wouldn’t have a significant negative impact on the public, since the documents could still be cited even if they no longer hold the weight of court orders.
At the same time, Guynn said the Department of Justice wants the orders vacated because it doesn’t want the legal conclusions Traynor made to influence the outcome of future lawsuits.
“The downstream consequences of keeping these on the books is troublesome for the United States,” he said during the hearing. If Traynor does not agree to axe the rulings, the United States would likely no longer be willing to settle and move forward with its appeal instead, Guynn added.
Traynor’s orders make findings about the federal government’s responsibility under the Federal Tort Claims Act — the law North Dakota filed the suit under — which the state noted previously in court filings “could have utility holding the federal government to account” in the future.
Still, attorneys for the state said they believe this trade-off is outweighed by the time and money the public would save by not going through the appeals process. North Dakota would also avoid the risk of having Traynor’s judgment overturned by higher courts.
Wrigley said the settlement will be made public once it’s finalized.
The United States’ appeal of Traynor’s decision has been on hold since last summer, when the state and federal government informed the 8th Circuit Court of Appeals they had started settlement negotiations and wished to pause the case.
The 8th Circuit will have to first send the case back to Traynor before he could grant the parties’ requests.
The case went to trial in Bismarck in early 2024. During the four-week trial, the court heard from witnesses including former governors Doug Burgum and Jack Dalrymple, Native activists, federal officials and law enforcement.
The Dakota Access Pipeline carries crude oil from northwest North Dakota to Illinois. It crosses the Missouri River just north of the Standing Rock Sioux Reservation, which prompted the tribe to begin protesting the pipeline on the grounds that it poses a threat to its water supply and sovereignty.
North Dakota’s lawsuit originally requested $38 million in damages from the federal government. Traynor ordered the executive branch to pay $28 million since the U.S. Department of Justice previously gave the state $10 million as compensation for costs it spent related to the protests.
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