Kelsh v. Jaeger - Calendar

2:45pm Tuesday, March 26, 2002
20020060 Jerome Kelsh, Petitioner
v.
Alvin A. Jaeger, in his capacity
as Secretary of State, State of
North Dakota, Respondent
Nature of Action: Writ of Prohibition (Civil)
Counsel:
Petitioner: Bliss Law Office
Respondent: Kelsch, Kelsch, Ruff & Kranda
Respondent: Douglas Alan Bahr , Att. General Office
Respondent: Pagel Weikum Law Firm
Respondent: Wayne K. Stenehjem , Att. General Office
Issues: Appellant's Statement of the Issues:
1. Whether it is appropriate for the Court to invoke its original jurisdiction in this case.
2. Whether Section 2, N.D.C.C. 54-03-01.8 as amended should be declared un- constitutional.
3.Whether the Court should issue a writ of prohibition or other appropriate writ which prohibits and enjoins the Secretary of State from administering an election for the office of District 26 state senator in the 2002 primary and general elections.
See Petition for Writ of Prohibition
See Order
Appellee's Statement of the Issues:
The North Dakota Supreme Court should: 1. Take jurisdiction of this matter and exercise its supervisory powers
2. Hold the redistricting plan unconstitutional; and
3. Require the 58th Legislative Assembly to reapportion the State in a manner that is consistent with the constitutional directive to "guarantee, as nearly as practicable, that every elector is equal to every other elector in the state in the power to cast ballots for legislative candidates." N.D. Const. Art. IV, . 2.
Wayne Stenehjem's Satement of Issues
I. To be Struck Down a State Statute Must be Found Unconstitutional Beyond a Reasonable Doubt
II. N.D.C.C. . 54-03-01.8 is constitutional
A. Redistricting is a legislative function
B. The Legislative Assembly may truncate terms as part of a redistricting plan
C. Public interest dictates that the Legislative Assembly may truncate terms as part of a redistricting plan
III. Any relief must be limited and not encroach the Legislature's power
Briefs:
Case Summary
Petitioner Brief
Respondent Brief
Respondent 2 Brief
Respondent 3 Brief
Respondent 4 Brief
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