BISMARCK—Democratic lawmakers are seeking legal guidance from the North Dakota Attorney General regarding election procedures following the death of Rep. Liz Conmy.
Conmy died in a plane crash on April 27 in Minnesota. According to North Dakota Secretary of State Michael Howe, her death occurred too close to the June 9 primary for her to be replaced on the ballot, which could prevent her name from advancing to the November general election.
Howe advised the Democratic-NPL Party in District 11 on the potential for a certified write-in candidate for the June primary. However, party officials chose not to follow this recommendation and have requested that Attorney General Drew Wrigley review Howe's interpretation of the state's election laws.
A letter dated June 2, signed by Minority Leader Zac Ista and District 11 representatives Tim Mathern and Gretchen Dobervich, poses key questions regarding candidate eligibility. They inquire whether a deceased candidate receiving enough primary votes to advance can be considered nominated and how a general election vacancy would be filled.
The Legislature clarified ballot-filling rules in 2021, but the letter indicates a lack of clear mechanisms to fill Conmy's vacancy, as it occurred fewer than 64 days before the primary.
Wrigley stated his office is assessing whether they can provide an opinion on this matter. He emphasized the complexity of the situation and promised a thorough review of all legal factors involved.
Currently, District 11 will likely feature only one candidate on the general election ballot due to Howe's interpretation of state law. Independent candidates may still file to run by August 31, while write-in candidates must submit their paperwork by October 13. Votes for Conmy will be counted, despite her ineligibility for the general election.
This story was originally published on NorthDakotaMonitor.com.