Court: North Dakota governor can’t fill dead candidate seat

AP ^ | 24 Nov 2020 | James MacPherson

[blueplum]

BISMARCK, N.D. (AP) — North Dakota Gov. Doug Burgum does not have the authority to appoint someone to a state House seat won by a Republican candidate who died before the election, the North Dakota Supreme Court concluded Tuesday.

The court, in a unanimous ruling, decided that Burgum “has not established a clear legal right” to appoint his preferred candidate.

[blueplum]

The ND Supreme Court also dismissed the Dem's claim that the runner-up Dem should have the seat.

[Still Thinking]

What’s the legal procedure, special election?

[Theoria]

[Secret Agent Man]

the governor can fill this spot if the legislature has no procedure for doing so, or if there aren’t any laws passed that cover this scenario.

as it went to the north dakota sc, it is apparent the legislature has no established procedure for doing so, and no laws are on the books explaining how such vacancies are filled

if either existed the legislature would have complained of overreach, and the court would have noted the law or legislature statute/procedure

the court did not, so neither exist

therefore the governor ought to be able to appoint a person to this open seat

[Secret Agent Man]

the lefislature may have xomplained of overreach but as they have no procedure formally established, the nd comstitution says the governor in thismsituation, can appoint someone

[Harmless Teddy Bear]

North Dakota Constitution Article Four Section Eleven.

The legislative assembly may provide by law a procedure to fill vacancies occurring in either house of the legislative assembly.

Sounds like it is up to the legislature.

They get to provide the procedure.

[BigEdLB]

I think the Gov should appoint a Republican member of the ND supremes. Confuse the hell out of them

[ZOOKER]

... there aren’t any laws passed that cover this scenario.

What a mess. The SC says the governor has no mandate to appoint someone, but then why does the SC have a mandate to appoint someone else?

Seems like the seat should stay vacant until the legislature makes a law to handle this problem. Isn't that what legislatures are supposed to do?

In the entire history of the state, this has never happened before? No one died, resigned, got a new position?

[Oil Object Insp]

Well, we are talking re: ND.

[Secret Agent Man]

yes

but currently there is no law

so if you look at the executive section 8, if there is no law, the governor can appoint

thats the constitutional wording

so basically if the legislature hasn’t put anything on the books, the governor can appoint

they have nothing on the books, therefore the governor can exercise his power according to the nd constitution

[Secret Agent Man]

they’ve had over a hundred years to make such a law and have not

the governor by the constitution can appoint if there’s no law

that’s the current status so he has the ability to under section 8 of the executive part of the constitution

[Harmless Teddy Bear]

I did look at section eight and while it does say, "The governor may fill a vacancy in any office by appointment if no other method is provided by this constitution or by law." it is arguable if this applies in this case as the ND Constitution does provide a method.

And that method is that the legislature gets to decide how it is done.

Has there never been a vacancy before? Seems unlikely.

[thescourged1]

Hmm...

'Leftistlature'

I think I'm going to borrow that from time to time. ;)

[Secret Agent Man]

at the current time

no other method is provided because the legislature has not made any laws or procedures

the legislature has failed to enact any laws or legislative procedures to deal with this for well over a hundred years

its not like they havent had time to enact anything

as of right now nothing is in place

therefore the governor ought to be able to appoint now

[Veggie Todd]

Hopefully, we still get another season of Fargo.

[Vigilanteman]

As a former North Dakotan, I can tell you that the reason for the hurry (versus a special election) is that the legislature by law can meet only 90 days (absent an emergency) every two years.

They typically start in mid January and must conclude in mid-April, the traditional time for farmers to get back in their fields and ranchers to assist with newborn calves, piglets and lambs.

As a result of having a citizen legislature, North Dakota is one of the best governed states in the country.

[Theodore R.]

Most states let a governor fill a vacant Senate seat pending special election but not a state House seat. Same with the U.S. House and U.S. Senate. Governors do not have the power in most instances to fill a vacant House seat, either at the state or federal levels. Special elections needed

[Deplorable American1776]

It seems as if the legislature has the power to appoint someone and they wanted someone who was tight-fisted. I guess the guy the gov wanted would be a spender as opposed to a saver.

[BBB333]

“As a former North Dakotan, I can tell you that the reason for the hurry (versus a special election) is that the legislature by law can meet only 90 days (absent an emergency) every two years.”

Montana has this and a $1,000,000,000 coal trust fund as well.

Proof that the citizen legislature is a good working model for small government.

[redfreedom]

“As a result of having a citizen legislature, North Dakota is one of the best governed states in the country.”

I must agree. Having businessmen, farmers and other everyday type people creates a legislative atmosphere closer to the realities of everyday life, which is the lives of their neighbors, friends and relatives.

The career politicians of the federal government have no idea what real life is all about. Their reality is what is in the swamp, which is money, power, more wars and more leftism.

I have a feeling when this country first started out, that the political atmosphere was quite similar to ND’s. The current problem with the federal system can be cured with term limits and dumping the 17th Amendment.