Democrats seek AG opinion on candidacy of North Dakota lawmaker who died in plane crash

Democrat lawmakers are asking the North Dakota attorney general to weigh in on an election question after the death of a state lawmaker from Fargo who was running for reelection. 

Rep. Liz Conmy died in an April plane crash in Minnesota. North Dakota Secretary of State Michael Howe said Conmy’s death came too close to the June 9 primary for her to be replaced on the ballot and her name could not advance to the November general election. 

Howe advised the Democratic-NPL Party in District 11 that the party could use a process to advance a certified write-in candidate for the June primary. 

Party officials chose not to follow that advice and are asking Attorney General Drew Wrigley to review Howe’s findings on the state’s election laws. 

Dems, secretary of state disagree on process to replace candidate after lawmaker’s death

A letter dated Tuesday signed by Minority Leader Zac Ista of Grand Forks and Sen. Tim Mathern and Rep. Gretchen Dobervich of District 11 requests an opinion on the candidate eligibility questions:

Can a deceased primary election candidate who cannot be removed from the primary election ballot but receives enough votes to advance to the general election, be deemed nominated? If so, how is the vacancy on the general election ballot filled?

Can the Secretary of State’s Office refuse to place a deceased candidate’s name on the general election ballot despite receiving a sufficient number of votes to advance to the general election? What state law gives the election officials that authority? 

The Legislature clarified the rules on filing a spot on the general election ballot in 2021. State law also specifies the procedure for filling a ballot vacancy that occurs 64 days or more before the primary election. But the letter said “it appears that no clear mechanism exists under state law” to fill Conmy’s vacancy, which came fewer than 64 days before the primary election.

In a statement to the North Dakota Monitor, Wrigley said his team was working to determine whether the Attorney General’s Office has the authority to provide an opinion. 

“Given the unique and difficult circumstances presented by this matter, we are carefully evaluating all relevant legal considerations, and we will communicate our conclusions promptly upon completion of that review,” Wrigley said. 

District 11 is one of the few North Dakota legislative districts controlled by Democrats, but would have only one candidate on the general election ballot for the two House seats under the secretary of state’s determination of how state law applies to the situation. 

Candidates can still file to run as an independent in November and, if elected, caucus with the party of their choosing. 

For District 11, candidates submit a petition with signatures from at least 300 qualified voters from the district to the Secretary of State’s Office by Aug. 31.

The names of independent candidates will appear on the ballot.

People can also run as a write-in candidate in the Nov. 3 general election by submitting a certificate of write-in candidacy and a statement of interest to the Secretary of State’s Office by Oct. 13.

Potential candidates had until May 19 to file as a certified write-in candidate for the primary.  A Republican, Doug Sharbono, did file as a write-in candidate for a District 11 House seat. There are no Republican candidates on the ballot for District 11 House. 

If voters write in other names, those votes will not be counted. 

Votes for Conmy will be tabulated even though she is not eligible for the general election, the Secretary of State’s Office said. 

Anastassiya Andrianova is the other House candidate for the Democratic-NPL Party. 

District 11 Democrats named Adam Goldwyn, the state party chair, to fill the remaining months of Conmy’s term.

Reach North Dakota Monitor deputy editor Jeff Beach at [email protected]