Today the North Dakota Supreme Court agreed with the Attorney General’s October 13, 2020 Opinion, in which he opined a vacancy in the office of a District 8 House of Representatives seat would exist on December 1, 2020 as a result of the tragic death of David Andahl. The Court further agreed with the Attorney General that a mechanism to fill the vacancy existed in current law and the District 8 Republican Executive Committee had the authority to fill the vacancy. The Court rejected the Governor’s argument that he had the authority to fill the vacancy. The Court also rejected Kathrin Volochenko’s argument that, as the third place finisher, she was entitled to the office.
“The Court’s decision today affirmed my earlier Opinion. This entire exercise was a waste of taxpayer dollars and time, all of which could have been avoided had the Governor come across the hall to receive legal advice from the person who was elected by the citizens of North Dakota to provide legal advice to state officials,” said Attorney General Wayne Stenehjem.