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BURGUM v. JAEGER

No. 20200298.

951 N.W.2d 380 (2020)

2020 ND 251

Doug BURGUM, in his capacity as North Dakota's Governor, Petitioner v. Alvin JAEGER, in his capacity as North Dakota's Secretary of State; the North Dakota Legislative Assembly, Chet Pollert, Chairman of Legislative Management; and the District 8 Republican Committee, Loren DeWitz, District Chairperson, Respondents and Democratic Non-Partisan League District 8 House of Representatives Candidate Kathrin Volochenko, Intervenor.

Supreme Court of North Dakota.

Filed November 24, 2020.

Attorney(s) appearing for the Case

Robert J. Pathroff (argued) and Megan J. Gordon and Nick M. Surma (on brief), Bismarck, ND, for petitioner.

Wayne K. Stenehjem , Attorney General (argued), and David R. Phillips (on brief), Bismarck, ND, for respondents Alvin Jaeger, in his capacity as North Dakota's Secretary of State and the North Dakota Legislative Assembly, Chet Pollert, Chairman of Legislative Management.

John M. Olson , Bismarck, ND, for respondent District 8 Republican Committee, Loren DeWitz, District Chairperson.

David C. Thompson (argued), Grand Forks, ND, and Duane A. Lillehaug (on brief), Fargo, ND, for intervenor Democratic Non-Partisan League (DEMNPL) District 8 House of Representative Candidate Kathrin Volochenko.

Tyler Yeargain (on brief), New Haven, CT, amicus curiae.

Jonathan T. Garaas (on brief), Fargo, ND, amicus curiae.

[¶1] Governor Doug Burgum petitions this Court to exercise our original jurisdiction to issue declarations and a writ of mandamus concerning who appoints the replacement after the pre-election death of a candidate for an office in the Legislative Assembly. We declare the legal status and deny the requested relief.

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