A candidate who died of coronavirus in October , David Andahl , has won a legislative seat in North Dakota.
New York Times and Washington Post reported that Andahl and Dave Nehring were elected to represent North Dakota’ s eighth state house district .
Official results showed that Andahl won 36 per cent of the votes cast while Nehring won 41 per cent .
55-year – old Andahl , who ran a Republican ticket , was a cattle rancher and land developer .
He died four days after being hospitalised for COVID -19.
“ Because mail -in voting began in the state on September 18, Mr . Andahl ’ s name could not be removed from the ballot after his death” , North Dakota’ s secretary of state, Alvin Jaeger , told New York Times.
Washington Post said North Dakota election authorities initially had no precedent on how to address the death of a candidate so close to an election .
But North Dakota ’ s Attorney General , Wayne Stenehjem , clarified that if Andahl is elected to the post, the office would be deemed vacant .
“ Our court follows the majority of states that use the “ American” rule , where votes cast for the deceased candidate should be counted .
“ If a deceased candidate receives the majority of the votes, the candidate is elected .
However, if the prevailing candidate has died , the candidate is no longer qualified and a vacancy will exist . State law provides the process to fill vacancies of a legislative office , ” he said in a post on North Dakota ’ s Attorney General ’ s website .
A copy of his detailed analysis obtained by our correspondent read in part, “ It is my understanding that a candidate died on the twenty – ninth day prior to the election . The deceased candidate had previously won the primary nomination of his party in June and met the filing deadline to have his name placed on the ballot .
Early voting for military and overseas voters began forty- six days prior to the election and early voting for other qualified electors began forty days prior to the election .
“ Thus , it is my opinion that pursuant to state law and the “ American” rule , votes cast for a
deceased candidate must be counted. In the event the deceased candidate receives the
majority of the votes, the candidate is elected .
However , if the prevailing candidate has
died , the candidate is no longer qualified, and a vacancy would exist .
“ The North Dakota State Constitution provides that “[ t ] he legislative assembly may
provide by law a procedure to fill vacancies occurring in either house of the legislative
assembly . ”
North Dakota legal code stated that “ if there is a vacancy in the state legislature , the district committee of the political party of the deceased person should hold a meeting within 21 days of the vacancy and appoint someone to fill it” .
