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NIELSEN v. NEUHARTH

Civ. No. 10372.

331 N.W.2d 58 (1983)

Thomas W. NIELSEN, Contestant, Appellee and Cross Appellant, v. Gary D. NEUHARTH, Contestant, Appellant and Cross Appellee.

Supreme Court of North Dakota.

March 7, 1983.

Attorney(s) appearing for the Case

James A. Wright, Jamestown, for contestant, appellee and cross appellant; argued by James A. Wright, Jamestown, appearance by Cecelia Ann Wikenheiser, Jamestown.

Pulkrabek & Tuntland, Mandan, for contestant, appellant and cross appellee; argued by Thomas Tuntland, Mandan.

PEDERSON, Justice.

This election contest pursuant to Ch. 16.-1-16, NDCC poses the question—do statutes relating to election qualifications require fulfillment "before taking office" or "before becoming a candidate?" The trial court concluded that because Neuharth did not meet the residence and elector requirements until some time after the general election, but before taking office, his election was void and the office was vacant. Neuharth appealed from that...

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