BISMARCK — North Dakota House of Representatives candidate for District 8 Kathrin Volochenko said in a statement Tuesday, Nov. 17, that she has filed a motion to be part of a state Supreme Court hearing Friday and claims she should be seated as she was the next highest vote-getter in the election where one of the winning candidates had died.

The Mercer woman, who was joined by her Democratic Nonpartisan League party, said the case will be heard this Friday at 9 a.m.

Gov. Doug Burgum filled the seat in the district just north of Bismarck with the appointment of coal executive Wade Boeshans just hours after election results rolled in.

However, he met opposition in the form of an opinion by Attorney General Wayne Stenehjem, who was supported by Secretary of State Al Jaeger and the Democratic party.

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Stenehjem ruled that District 8 Republican Party leaders can appoint a new person to take the seat, or they can petition for a special election to fill the seat, according to his interpretation of the North Dakota Century Code.

Volochenko had 11.4% of the vote in the district, trailing Dave Nehring with 40.7% and David Andahl, who died of COVID-19 in October, who had 35.5% of the vote.

Dem-NPL Chairwoman Kylie Oversen said Burgum "has no authority to fill the seat and he must not be allowed to buy or steal elected offices as it suits him. ... The Supreme Court will have an opportunity to hear a well-rounded argument Friday."

Volochenko added, “This is not how I would want to end up with a seat in the North Dakota House, but as the qualified candidate with the next highest number of votes for this seat, I look forward to representing all of District 8 and our whole community to the best of my ability.”