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Bolinske v. Jaeger, et al.

Docket No. 20080222
Oral Argument: Argument Date & Time is not set.

Docket Info

Title
Robert V. Bolinske, Petitioner
v.
North Dakota Secretary
of State Alvin A. Jaeger,
and North Dakota Attorney
General Wayne K. Stenehjem, Respondents
Case Type
CIVIL ORIG. PROCEEDING : WRIT OF MANDAMUS (Civil)
Appeal From
Case No.
2008 ND 180756 N.W.2d 336

Highlight

A writ of mandamus may be issued to compel the performance of an act which the law specifically requires a state official to perform.
A vacancy on a no-party ballot exists when a candidate nominated at the primary election dies, resigns, or otherwise becomes disqualified to have the candidate's name printed on the ballot at the general election, no candidates were nominated at the primary election because the office did not yet exist, or the timing of the vacancy in an office makes it impossible to have it placed on the primary ballot.
A vacancy does not exist on a no-party ballot if only one candidate runs for a designated position at the primary election, is nominated, and is listed on the general election ballot.
Parties raising a constitutional challenge must bring up the heavy artillery or forego the attack entirely.

Briefs

Filing Date Description

Counsel

Party Type Name
PETITIONER PRO SE Robert V Bolinske - 03266

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 09/08/2008 PETITION FILED entitled combined Affidavit of Robert V. Bolinske, Application for Writ of View
2 09/08/2008 Mandamus, Brief in Support
3 09/08/2008 E-FILED Petition (by fax)
4 09/08/2008 Petitioner's Appendix
5 09/08/2008 MOTION FOR Issuance of Injunctive Relief and Combined Affidavit & Brief
6 09/08/2008 MOTION to Suspend the Rules and combined Affidavit and Brief
7 09/08/2008 Affidavit of Service by Personal Delivery
8 09/08/2008 Received $25 surcharge for e-filing petition (receipt no. 18238)
9 09/08/2008 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.
10 09/08/2008 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
11 09/08/2008 ANNOUNCED DISQUALIFICATION : Maring, Mary Muehlen
12 09/08/2008 ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning
13 09/08/2008 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
14 09/08/2008 SITTING WITH THE COURT : Schmalenberger, Allan L.
15 09/08/2008 SITTING WITH THE COURT : Hodny, William F.
16 09/08/2008 SITTING WITH THE COURT : Graff, Benny A.
17 09/08/2008 SITTING WITH THE COURT : Olson, Everett Nels
18 09/08/2008 SITTING WITH THE COURT : Goodman, Ronald E.
19 09/10/2008 NO ACTION Necessary on Motion to Suspend Rules
20 09/10/2008 ACTION BY SUPREME COURT (issuance of an injunction) - Denied
21 09/10/2008 ACTION BY SUPREME COURT (Application for Writ of Mandamus) - Denied
22 09/10/2008 A written opinion will be filed at a later date on the denial of the App. for Writ of Mandamus
23 09/29/2008 DISPOSITION
24 09/29/2008 UNANIMOUS OPINION View
25 09/29/2008 At Court's direction, no costs will be taxed in this matter
26 10/01/2008 Judgment Mailed to Parties
27 11/05/2020 EXPUNGED - Nonpermanent record items destroyed