The North Dakota Supreme Court ruled Gov. Doug Burgum does not have the statutory or constitutional authority to appoint a replacement for a state House seat won by a candidate who died before the election.

David Andahl died on Oct. 5 from complications related to COVID-19, but his name remained on the ballot as early voting had commenced weeks before his death.

A day after the election, Burgum appointed Washburn coal executive Wade Boeshans to the seat.

In a unanimous ruling, the justices ruled authority to appoint the replacement belongs to the District 8 Republican Executive Committee, who appointed the last holder of the seat, fellow Republican Jeff Delzer.