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A North Dakota politician, who died back in October from COVID-19, has won a seat in the state’s House of Representatives.

Plenary Session Berlin House of Representatives

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According to reports from CNBC, Republican David Andahl won a seat representing the state’s 8th District, even though he passed away after contracting the coronavirus in October.

The 55-year-old was a cattle rancher and former race car driver who ran on a platform of advocating for farmers in the rural district outside of Bismarck. While his family members claim he was taking every precaution when it came to the pandemic, he contracted COVID-19 in October and died shortly after being hospitalized.

Because North Dakota officials could not find precedent for a candidate dying so close to an election, they could not remove him from the ballot, since early votes had already been cast.

According to statements issued around the time of Andahl’s death regarding a possible win, it looks like he will have his seat filled by appointment, with members of the Republican Party choosing his replacement in the state House. State officials seemed pretty clear on the idea that Andahl’s seat would not be taken by other candidates, citing the opinion of the state attorney general. Andahl received twice as many votes as both of his Democratic challengers.

“What we have found is most legal authority, the general rule is that the next person up (in the November election results) does not rise up,” Legislative Council Director John Bjornson told the Bismarck Tribune. “This is all new. We haven’t encountered this, that we’re aware.” 

Throughout North Dakota, coronavirus cases are spiking, with the average number of daily cases climbing from around 500 new cases per day to over 1000 positive tests per day since October.

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