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STATE EX REL. KUSLER v. SINNER

Civ. No. 920270.

491 N.W.2d 382 (1992)

STATE of North Dakota ex rel. Jim KUSLER, Secretary of State, Petitioner and Relator, and Kevin Cramer, Chairman of the North Dakota Republican Party, Intervenor, and Darold Larson, Intervenor, v. George SINNER, Governor of the State of North Dakota, Respondent.

Supreme Court of North Dakota.

September 26, 1992.

Attorney(s) appearing for the Case

John D. Kelly (argued), Harlan G. Fuglesten, and Steven A. Johnson, Special Asst. Attys. Gen., Fargo, for petitioner and relator. Appearance by Rosellen Sand, Asst. Atty. Gen.

Richard J. Gross (argued), Bismarck, for respondent.

Traynor, Rutten & Traynor, Devils Lake, for intervenor Kevin Cramer, Chairman of the North Dakota Republican Party; appearance by John T. Traynor.

Winkjer, McKennett, Stenehjem, Reierson & Forsberg, Williston, for intervenor Kevin Cramer, Chairman of the North Dakota Republican Party; argued by Dean Winkjer.

Peter B. Crary Law Office, Fargo, filed brief on behalf of intervenor Darold Larson.

MESCHKE, Justice.

This is an original proceeding seeking an interpretation of the statutory procedure for, and the timing of, a special election to fill a vacancy in the office of United States Senator from North Dakota. Because of related statutory deadlines mandated for filing certificates of nomination and for making ballots available to absentee voters, we conclude that the statutory authorizations for calling and holding the special election to fill this vacancy...

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