Berg v. Jaeger, et al.
Annotate this CaseRick Berg, as a resident and elector of North Dakota, and as chairman of the North Dakota Republican Party, petitioned this Court to exercise its original jurisdiction and issue a writ of mandamus directing Secretary of State Alvin Jaeger to remove Travisia Jonette Minor, A/K/A Travisia Martin from the November 3, 2020, general election ballot for the office of insurance commissioner. Martin filed an affidavit of candidacy, statement of interest, and certificate of endorsement with Jaeger requesting she be placed on the primary election ballot as the North Dakota Democratic-NPL party candidate for North Dakota Insurance Commissioner. In the affidavit of candidacy, Martin certified she met the requirements to hold the office of insurance commissioner. The executive director of the North Dakota Republican Party sent a letter to Jaeger stating Martin was ineligible to hold the office of insurance commissioner because she was not a North Dakota resident for five years preceding the November 2020 election. The Republican Party alleged Martin was ineligible to hold elective office because she voted in Nevada in the November 2016 election. Martin asserted she had maintained her physical residence in North Dakota since 2015. Jaeger refused to remove Martin from the ballot, stating he could only remove a candidate from the ballot if the candidate refused to accept the party nomination or if ordered to do so by a court. After review of the evidence, the North Dakota Supreme Court had "no doubt" Martin fully formed the intent to make North Dakota her legal residence at some point after 2016. However, all of the evidence and testimony presented to the Court regarding Martin’s intent and her actions, both prior-to and up until her vote in 2016, suggested she had not fully abandoned her Nevada domicile and residency, and she continued to avail herself of the rights of being a citizen of Nevada. She availed herself of these rights specifically to the exclusion of exercising many of those rights in North Dakota, including the right to vote. Therefore, the Court exercised its original jurisdiction to consider Berg’s petition, and granted an alternative writ of injunction.
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