North Dakota Supreme Court denies governor's legislative appointment

[TexasTowelie]

North Dakota's Supreme Court has stopped Gov. Doug Burgum from appointing a state representative to a Bismarck-area House seat won by a deceased candidate.

In the unanimous ruling issued Tuesday, the court said "the Governor does not have statutory or constitutional authority to make an appointment to fill the vacancy in this case. He has not established a clear legal right to performance of the acts he seeks."

The governor earlier this month sued the secretary of state, the Legislature and the District 8 Republican chairman, asking the court to preclude them filling the seat won by David Andahl, 55, of Baldwin, who died Oct. 5 from COVID-19 but still won 36% of the vote.

Burgum sought to appoint Washburn coal executive Wade Boeshans, citing a constitutional provision that “The governor may fill a vacancy in any office by appointment if no other method is provided by this constitution or by law.”

Read more: https://billingsgazette.com/news/state-and-regional/govt-and-politics/north-dakota-supreme-court-denies-governors-legislative-appointment/article_84747f20-ad26-5cc6-93c9-089a7017aded.html

[RicROC]

1. the Democrat should have the seat

because the candidates running were running against each other and since there was no living Republican candidate.
Basically, the Repubs did not field a candidate. Whoever receives the most votes win.

As a side issue, I don't think anyone who assume political office unless having won 50% of the vote. This nonsense of the dead Republican 'won' the election with 36% of the vote supports my contention. How can this be possible in a democracy that the candidate, who lost 64% of the vote be crowned the winner?