BISMARCK, N.D. (AP) - The North Dakota Senate has passed a bill that sets up the process for filling the seat of a victorious candidate who dies or resigns before taking office, after a similar scenario last fall resulted in a clash between the governor and lawmakers.
Republican House candidate David Andahl, of Baldwin, died due to complications from the coronavirus on Oct. 5 and then won one of two open seats in District 8.
Gov. Doug Burgum, who in the primary supported Andahl and another candidate over longtime Republican lawmaker Jeff Delzer, tried to appoint Washburn coal executive Wade Boeshans to fill the spot.
That move was rebuffed when the state Supreme Court said a Republican district committee should pick the replacement. Delzer, who had clashed with Burgum on policy and budget issues, was named as successor even though he lost in the primary.
The bill sent to Burgum mirrors the court’s ruling and gives district parties the power to name a successor to an open seat, the Bismarck Tribune reported.
The legislation specifically says “the governor may not fill a vacancy in the office of a member of the legislative assembly.”
Burgum has three legislative days to act on the bill.
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