BISMARCK, N.D. – The fight over the disputed second House seat in North Dakota District 8 took another turn Tuesday when the state Supreme Court was asked to appoint Democrat Kathrin Volochenko to the seat.
That seat was originally won by a candidate who died before the election.
Volochenko placed third in the Nov. 3rd general election behind Republican David Andahl, but he died Oct. 5th from coronavirus complications.
Gov. Doug Burgum initially appointed Washburn coal executive Wade Boeshans to the seat, but Attorney General Wayne Stenehjem claimed that the legislative branch, not the governor, has the authority to fill the vacancy.
Burgum filed suit with the high court last week.
In his motion, Grand Forks attorney David Thompson, representing Volochenko, said the Supreme Court should declare her the winner.
He argued that Volochenko is the next highest vote-getting person who is alive. ” The seat doesn’t belong to a party. It belongs to the candidates and the electors,” Thompson said.
The Supreme Court granted his motion Tuesday afternoon. He plans to file a brief with the high court Thursday. The Supreme Court is scheduled to hear arguments Friday at 9:00 a.m.
Republican Dave Nehring led the voting in District 8 with 6,794 votes. Andahl won the other seat with 5,929. Volochenko was third with 1,905. Democrat Linda Babb placed fourth with 1,651.
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