Supreme Court says Burgum cannot fill dead candidate seat

BISMARCK, N.D. – The North Dakota Supreme Court ruled that Gov. Doug Burgum does not have the authority to appoint someone to a state House seat won by Republican David Andahl, who died before the election.

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

It’s a setback for Burgum, who spent heavily to help oust a fellow Republican who had stymied the governor at the Capitol and had hoped to prevent that very same rival, Jeff Delzer, from being appointed to fill the dead candidate’s seat.

“While we disagree with the findings, we respect the Court’s opinion and will continue to do our best every day to serve the citizens of North Dakota” Burgum said.

“This case involved a question of the governor’s constitutional responsibility in a set of circumstances never before seen in North Dakota. The Supreme Court determined that responsibility is not applicable in this case.”