949 N.W.2d 214
N.D.2020Background
- Terry B. Jones was the Republican nominee for North Dakota House, District 4; Onstad petitioned to remove him from the general-election ballot alleging Jones had not been a North Dakota resident for the one-year period required by the state constitution.
- Onstad relied on evidence Jones had Wyoming ties: listed a Wyoming address in a Wyoming LLC annual report, served as registered agent for a Wyoming LLC, owned Wyoming property and paid Wyoming property taxes, and used Wyoming contact numbers.
- Secretary of State Alvin Jaeger refused to remove Jones, citing the legislative houses’ authority to judge their members’ qualifications and that the ballot had already been certified/printed.
- The Supreme Court ordered an evidentiary hearing; the district court found Jones would have been a North Dakota resident for more than one year before the November 3, 2020 election, citing ND ties (ND driver’s license, voting history in New Town, ND income-tax returns, ND vehicle titles, ND concealed-weapons license, registered ND foreign LLC agent, sworn ND-court filing).
- The Supreme Court reviewed the statutory and constitutional questions: whether the case was moot and whether Jones met the constitutional one-year residency requirement; it adopted the district court’s factual findings and denied the writ of mandamus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court should order removal of a candidate from a printed ballot under N.D.C.C. § 16.1-01-08 (mootness/authority to correct after ballot printed) | Onstad: statutory scheme allows correction and the Court may order removal for errors in placing a name on the ballot | Jaeger: once the ballot was certified/printed and the election begun, Secretary lacks authority; petition is moot | The statute authorizes correction of errors on a printed ballot and contains no time limit; issue not moot and petition not dismissed on that ground |
| Whether Jones met constitutional residency (one-year) to be eligible for legislative office | Onstad: Jones resided in Wyoming during the critical year, so he is ineligible | Jones/Jaeger: Jones’ acts and declarations (ND license, voting, tax returns, ND registrations) show ND residency | District court findings (supported by substantial evidence) establish Jones will have been a ND resident >1 year; Jones is constitutionally eligible |
| Whether mandamus relief was appropriate to compel removal from the ballot | Onstad: mandamus proper to compel Secretary to correct an unlawful ballot placement | Jaeger: no clear legal right to compel removal given factual findings and statutory limits; other remedies available | Writ of mandamus denied; Court adopted district court findings and concluded ballot placement was proper |
Key Cases Cited
- Bolinske v. Jaeger, 2008 ND 180, 756 N.W.2d 336 (original jurisdiction discretionary)
- Berg v. Jaeger, 2020 ND 178, 948 N.W.2d 4 (residency and original-jurisdiction principles)
- Riemers v. Jaeger, 2018 ND 192, 916 N.W.2d 113 (limits of original jurisdiction)
- Nelson v. Nelson, 2020 ND 130, 944 N.W.2d 335 (mootness and exceptions)
- In re Estate of Shubert, 2013 ND 215, 839 N.W.2d 811 (mootness principles)
- Dietz v. City of Medora, 333 N.W.2d 702 (factors for determining legal residence)
- State ex rel. Sathre v. Moodie, 258 N.W. 558 (definition of resident for voting/officeholding)
- In re Lopez, 593 S.W.3d 353 (ballot-challenge timing; discussed as contrast)