North Dakota
North Dakota first lady Kathryn Burgum's election ballot rejected
FARGO — The
North Dakota first lady’s
ballot was thrown out last month after election authorities determined the signature on her absentee application didn’t match the one on her mail-in ballot envelope.
The Secretary of State absentee tracker website shows the June 11 primary election ballot of Kathryn Helgaas, also known as
Kathryn Burgum,
was rejected because the “signatures do not match.” Helgaas married
Doug Burgum
in late 2016 after he was elected North Dakota governor for his first term. She uses the name Kathryn Burgum.
Doug Burgum’s absentee/mail-in ballot was accepted, according to the tracker website.
Kathryn Burgum was unavailable for comment before publishing time, Doug Burgum spokesman Dawson Schefter said. He confirmed she filled out her absentee ballot and voted in Cass County.
“Cass County staff had a question about it, reached a determination, and the matter was resolved,” Schefter said in a statement.
The Cass County Canvassing Board met on June 24. Along with Cass County Commission Chair Chad Peterson, County Finance Director Brandy Madrigga and County Recorder Deborah Moeller, three Democrats and three Republicans voted on whether to accept or reject ballots.
The board voted to reject Kathryn Helgaas’ ballot, said Cheryl Biller, a Democrat who was on the canvassing board. The last name on Helgaas’ absentee application didn’t match the envelope that contained her ballot, Biller said.
The board discussed how the first name on the ballot might have matched, but the last name “completely looked different,” Biller said.
It’s unclear what, exactly, made the two signatures different; The Forum was not allowed to review the application and ballot envelope to compare them.
“I’m not sure any of us recognized the name when we were looking at it,” she said. “I do remember, of the ones that we rejected, they just looked like they couldn’t be the same people.”
Biller said someone told her after the meeting that the ballot belonged to Kathryn Burgum.
Melissa Paulik, one of the Republicans, declined to discuss an individual’s ballot, but she said ballots rejected due to mismatched signatures “are usually pretty clear.”
“It’s not uncommon to have a unanimous vote,” she said.
Peterson, Democrat Christine Fastnaught and Republicans Hal Ecker and Amy Olson told The Forum they didn’t recall Kathryn Helgaas’ ballot. Democrat Renae Aafor didn’t return a message.
Doug Burgum is considered a top contender to be former President Donald Trump’s vice president running mate. The presumed Republican presidential nominee in the 2024 election is likely to announce his pick in the coming days, possibly at the Republican National Convention next week in Milwaukee.
Burgum will attend the convention, said spokesman Mike Nowatzki.
Trump claimed that mail-in ballots were a source of fraud that cost him the 2020 election against Democrat Joe Biden. The two are expected to face off in the general election on Nov. 5.
North Dakotans can request an absentee or mail-in ballot by filling out an application. They then receive a ballot, which must be sent back in a sealed envelope.
That envelope serves as a sworn statement, or affidavit, that the person who is voting is actually that person. North Dakota law requires voters to sign their own ballot applications and envelope affidavit, North Dakota Elections Director Erika White said.
Election officials then compare the signatures on the application and ballot envelope, Cass County Election Administrator Craig Steingaard said. If his office believes the signatures don’t match, staff send a letter to the person and try to call them to confirm the ballot is theirs, he said.
“It’s a good process,” he said of trying to get voters to confirm ballots with mismatched signatures. “I think Cass County does everything that we possibly can, because we don’t want anybody to have a rejected ballot. If we can get them to be able to provide us the information to make sure their ballot is counted, that’s what we are going to do.”
A county absentee board, separate from the canvassing board, can review the signatures as well before the canvassing board meets, White said. The voter then has until the canvassing board meets, which happens 13 days after an election, to contact election officials to fix, or “cure,” their ballot, she said.
North Dakota is one of 28 states that allows a voter to fix mismatched signatures. Steingaard said he has never seen a ballot with mismatched signatures be rejected if a voter confirms the ballot is theirs.
If the voter doesn’t respond, the canvassing board has to make the final call, Steingaard said.
“The county auditor, the absentee board, they have no ability to reject any voter’s ballot,” White said. “Only the canvassing board can make that determination.”
The county also sends out a letter to a person informing them that the canvassing board rejected their ballot and the reason it was thrown out, he said.
The county receives ballots with mismatched signatures every election, Steingaard said. What varies is the number, he said.
‘If her signatures don’t match’
State records indicate Kathryn Burgum’s ballot was sent to her on May 22 and returned to Cass County on June 12. The Burgums own property in Cass County, meaning Kathryn Burgum could vote in Cass County.
If the Secretary of State’s website says the first lady’s ballot was rejected, that means Cass County did not get a response to the letter it sent her before the canvassing board met, Steingaard said.
“In my experience, the signature usually needs to be pretty far off, if I’m being honest,” he said of canvassing boards rejecting a ballot. “It must have made people question it.”
The board reviewed 150 ballots, according to meeting minutes. The board rejected 11 because signatures on applications didn’t match the ballot envelope, Cass County spokeswoman Catlin Solum said.
The rejected ballots have been stored away by the county recorder, Solum said. They cannot be opened or inspected unless a recount happens or a judge issues a court order, Solum said in citing North Dakota canvassing law.
Biller acknowledged signatures can vary, and the canvassing board members aren’t trained in handwriting analysis. The first lady’s ballot should be treated like everyone else’s, Biller said.
“I guess I have to say, she shouldn’t get special consideration,” Biller said. “If her signatures don’t match, her signatures don’t match.”
Paulik said it is important for voters to try to use the same signature for ballot applications and ballots.
“I think many are unaware that these signatures are compared to ensure ‘one person, one vote,’” she said. “The canvassing board is usually pretty good at giving people the benefit of the doubt. (For example), they signed the application quickly but took more time with their ballot signature. Still, some people don’t make that job easy.”
Burgum, Trump and mail-in ballots
Doug Burgum has served as North Dakota’s governor since late 2016. He also ran for president as a Republican but dropped out in December.
The governor declined to seek a third term as head of North Dakota’s government.
Speculation that Doug Burgum could be Trump’s running mate has grown in recent weeks. Trump has said he knows who he will pick, but he hasn’t said who the finalists are.
Doug Burgum has thrown his support behind Trump and has spent many days out of state campaigning on the former president’s behalf. Kathryn Burgum has often been at his side on the campaign trail for Trump.
Between May 22 and June 11, Doug Burgum appeared at the North Carolina Republican Convention, in New York as a jury ruled Trump was guilty in a hush money trial and in Louisiana to discuss an energy plan with 19 other governors.
The former president attacked absentee and mail-in ballots after his 2020 loss to Biden. He continuously claimed mail-in ballots were used to commit widespread election fraud and that the presidency was “stolen” from him.
Those allegations have been proven false.
Trump has seemingly in recent months changed his stance on absentee ballots.
“Absentee voting, early voting and Election Day voting are all good options,” Trump said recently on social media.
North Dakota
North Dakota Supreme Court Considers Motion to Reinstate Abortion Ban While Appeal is Pending
The North Dakota Supreme Court hears arguments involving abortion via Zoom on Nov. 21, 2024. (Screenshot Bismarck Tribune via the North Dakota Monitor)
(North Dakota Monitor) – North Dakota’s solicitor general called on the North Dakota Supreme Court to reinstate an abortion law struck down by a lower court until a final decision in the case is made, arguing that the ban must remain in effect because the state has a compelling interest in protecting unborn life.
“We say that not to be dramatic, but because the district court seems to have lost sight of that,” Phil Axt told justices Thursday.
The ban, signed into law by Gov. Doug Burgum in April 2023, made abortion illegal in all cases except rape or incest if the mother has been pregnant for less than six weeks, or when the pregnancy poses a serious physical health threat.
South Central Judicial District Court Judge Bruce Romanick vacated the law in September, declaring it unconstitutionally vague and an infringement on medical freedom.
He further wrote that “pregnant women in North Dakota have a fundamental right to choose abortion before viability exists.”
The law went into effect just weeks after the North Dakota Supreme Court ruled the state’s previous abortion ban unconstitutional and found that women have a right to seek an abortion for health reasons.
Axt argued Thursday that Romanick’s judgment striking down the 2023 law conflicts with the Supreme Court’s prior ruling, and that Romanick’s legal analysis contains “glaring errors.” Axt claimed there’s nothing in the state constitution that supports a right to abortion until the point of viability.
“It’s been clear since our territorial days that in order to justify killing another human being, there must be a threat of death or serious bodily injury,” Axt said.
Meetra Mehdizadeh, an attorney representing the plaintiffs, said to reverse Romanick’s decision even temporarily would be to disregard many serious problems he identified with the statute.
The ban does not sufficiently explain to doctors when they may legally provide abortions — which chills their ability to provide necessary health care for fear of prosecution, she said.
“The district court correctly held that the ban violates the rights of both physicians and patients, and staying the judgment and allowing the state to continue to enforce an unconstitutional law would be nonsensical,” Mehdizadeh said.
Axt countered that the law is not vague, and that doctors are incorrect to assume they would face criminal penalties for good-faith medical decisions.
If doctors are confused about the ban, said Axt, “the solution is not striking down the law — it is providing some professional education.”
In briefs filed with the court, the state also argued that Romanick’s judgment vacating the law seems to conflict with his original order declaring the law unconstitutional.
While the order identifies a right to abortion until the point of fetal viability, Romanick’s judgment does not include any reference to viability. The state is now confused as to whether it can now enforce any restrictions on abortion, Axt said.
North Dakota still must observe abortion regulations established under other laws not challenged in the lawsuit, Mehdizadeh said.
Axt further claimed that Romanick’s judgment should be put on hold because it addresses a “novel” area of law, and because it takes a supermajority of the Supreme Court to declare a statute unconstitutional.
“Statutes should not be presumed unconstitutional until this court has had an opportunity to weigh in on the matter, and a super majority of this court is of that opinion,” Axt said.
Justice Daniel Crothers said he questioned Axt’s logic.
“Any novel issue where the district court declares something unconstitutional, it’s sounding like you’re suggesting that we should presume that it’s wrong,” Crothers said to Axt.
The appeal is the latest step in a lawsuit brought against the state by a group of reproductive health care doctors and a Moorhead, Minnesota-based abortion provider, Red River Women’s Clinic. The clinic previously operated in Fargo, but moved across the state line after Roe v. Wade was overturned in 2022.
The ban, passed with overwhelming support by both chambers of the Republican-dominated Legislature, set penalties of up to five years in prison and a maximum fine of $10,000 for any health care professionals found in violation of the law.
The arguments were only on whether Romanick’s decision should be put on hold during the appeal, not on the merits of the case itself, which the Supreme Court will consider separately. The justices took the matter under advisement.
North Dakota
Four western North Dakota volleyball teams punch a ticket to state semifinals
BISMARCK, N.D. (KFYR) – The quarterfinal round of the NDHSAA State Volleyball tournament played out in the Fargodome Thursday with four teams from the west side of the state advancing to the semifinals.
In Class A, Century avenged a quarterfinal loss from a year ago to advance to the semifinals. Meanwhile, Legacy upended West Fargo Horace in an upset.
The two teams will face off in the semifinals, which guarantees that a team from the west will make the Class A State Championship game. The Patriots are 2-0 against the Sabers this season.
In Class B, South Prairie-Max and Medina-Pingree-Buchanan both advanced to the semifinals in their first ever state tournament appearance.
The Royals defeated Kenmare-Bowbells 3-0. The Thunder defeated Central McLean 3-0. That guarantees that a team from the west will also make the Class B State Championship game as the Royals and Thunder will face off in the semifinals.
Copyright 2024 KFYR. All rights reserved.
North Dakota
Cass County Deputy being investigated by the ND BCI resigns
FARGO, N.D. (Valley News Live) – A Cass County Sheriff’s Deputy who is under investigation by the the North Dakota Bureau of Criminal Investigation (BCI) has resigned from the department.
Cass County Sheriff Jesse Jahner says he was contacted by the BCI in September saying they were initiating an investigation into Deputy Carson Quam for alleged criminal activity. Jahner says the Sheriff’s Office was unaware of any criminal activity Quam was potentially involved with.
On November 21, the Sheriff’s office announced that Quam is no longer an employee of the Cass County Sheriff’s Office.
Jahner says the information was not released in September because it was an active and ongoing investigation from another agency.
“Any time criminal allegations are made against one of my employees, my Office will always collaborate with the investigating and prosecuting agencies to assist throughout the investigation and potential prosecution, working to ensure the integrity of the case. If criminal activity is substantiated, it will not be tolerated. My Office will always strive through rigorous background checks, department training, and accountability to put the best deputies in our communities to protect and serve our citizens,” said Sheriff Jahner.
The Cass County Sheriff’s Office says it is unable to comment further pending investigation and review by the Grand Forks and Cass County States Attorney’s Offices. Valley News Live will continue to follow this situation as it develops.
Copyright 2024 KVLY. All rights reserved.
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