Riemers v. Jaeger
827 N.W.2d 330
| N.D. | 2013Background
- Riemers sought mandamus, prohibition, quo warranto, or preventive relief to remove GOP and Democratic-NPL governor/lt. governor candidates from the November 2012 ballot or to place him (Libertarian) on that ballot.
- Libertarian endorsed Riemers for governor and Ames for lieutenant governor in April 2012; Ames failed to file complete signature page, so only Riemers appeared on the June primary ballot.
- Attorney General opined in July 2012 that Riemers was not properly nominated for governor because the joint nominating framework for governor and lieutenant governor was not satisfied.
- Secretary of State followed the Attorney General’s opinion and did not certify Riemers for the general election ballot without a Libertarian lieutenant governor running mate.
- Riemers later sought independent ballot placement with Johns as lieutenant governor; Secretary certified the Republican and Democratic candidates and Riemers/Johns as independents for the general election under N.D.C.C. § 16.1-12-04(1).
- District court denied relief, concluding Riemers showed no clear legal right to removal or Libertarian certification and that the Attorney General opinion supported the Secretary’s actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether removal of GOP/Dem candidates was required under ND law | Riemers contends 16.1-11-06(2) requires joint endorsement for both offices. | Riemers’ record lacks proper endorsements; AG op and forms satisfied state law. | No clear right; missing endorsements in record defeat relief. |
| Whether Riemers was entitled to Libertarian certification for governor | AG opinion should not bar certification; he is the Libertarian nominee. | AG op persuasive; running mate requirement not met; not properly nominated. | Not entitled to certification; district court did not abuse discretion. |
| Whether quo warranto or injunction was appropriate relief | Seeks broad relief to stop discrimination against minor parties. | AG opinion nonbinding on all issues; injunction terms too broad. | Quo warranto not proper; injunction denied. |
Key Cases Cited
- Eichhorn v. Waldo Twp. Bd. of Supervisors, 2006 ND 214 (ND 2006) (mandamus standards; clear legal right and no adequate remedy)
- Ennis v. Dasovick, 1993 ND 506 N.W.2d 392 (ND 1993) (injunction framework and public officer duties)
- Old Broadway Corp. v. Backes, 450 N.W.2d 734 (ND 1990) (discretion in issuing writs; abuse if arbitrary or misapplied law)
- Johnson v. Baker, 74 N.D. 244, 21 N.W.2d 355 (ND 1945) (attorney general opinions accord respect; guidance to officials)
- State ex rel. Sathre v. Roberts, 67 N.D. 92, 269 N.W. 913 (ND 1936) (quo warranto relief and public office right)