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New opinion: Nov. 24 Tuesday, November 24, 2020

The Supreme Court has issued a new opinion.  The summary is below.

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Burgum v. Jaeger, et al. 2020 ND 251
Docket No.: 20200298
Filing Date: 11/24/2020
Case Type: WRIT OF MANDAMUS (Civil)
Author: Crothers, Daniel John

Highlight: Votes cast for an ineligible candidate are counted and considered a protest against the eligible candidate.
A governor’s constitutional gap-filling appointment authority does not apply when the law provides a method to fill a vacancy.
A governor’s constitutional gap-filling appointment authority only applies to vacancies in an office, not in a term.
Section 16.1-13-10, N.D.C.C., applies to vacancies occurring in the office of a member of the Legislative Assembly.