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Burgum v. Jaeger, et al. 2020 ND 251 Docket No.: 20200298 Filing Date: 11/24/2020 Case Type: WRIT OF MANDAMUS (Civil) Author: Crothers, Daniel John Highlight: Votes cast for an ineligible candidate are counted and considered a protest against the eligible candidate. A governor’s constitutional gap-filling appointment authority does not apply when the law provides a method to fill a vacancy. A governor’s constitutional gap-filling appointment authority only applies to vacancies in an office, not in a term. Section 16.1-13-10, N.D.C.C., applies to vacancies occurring in the office of a member of the Legislative Assembly. |
