Evans v. Howe — North Dakota Supreme Court denies late ballot-challenge mandamus petition

Case
Matthew Evans, Jeffrey Hoverson, and Douglas Pearson v. Michael Howe, in his official capacity as Secretary of State
Court
Supreme Court of North Dakota
Judge
Friese, Justice
Date Decided
October 28, 2026
Docket No.
20260350
Topics
Election law; Mandamus; Nominating petitions; Original jurisdiction
Source
Read the full opinion

Background

Four Republican legislative candidates filed nominating petitions for the June 9, 2026 primary, were placed on the ballot by the Secretary of State, and won their respective Republican nominations. Petitioners Evans and Hoverson were among the unsuccessful primary candidates.

After the primary, petitioners obtained copies of the nominating petitions and alleged defects. They contended one candidate’s filing did not identify his party when signatures were gathered and that signatures on three other petitions were improperly counted because address information was added after signing by someone other than the signer. The Secretary declined to act on August 21, and petitioners sought mandamus on September 28—after the August 31 statutory deadline for correcting nomination-petition deficiencies before the general election.

The Court’s Holding

The North Dakota Supreme Court declined to exercise its discretionary original jurisdiction and denied the mandamus petition. The court held that petitioners’ delay created substantial prejudice to the candidates and was inequitable in light of the ongoing election and the fact that the correction period had expired.

Even accepting petitioners’ premise that the alleged defects remained actionable after the primary, the court explained that the statute they invoked contemplated notice and an opportunity to correct before the August 31 deadline. Petitioners knew of the alleged defects by late July and of the Secretary’s final refusal by August 21, but waited until September 28 to file. The court also declined to use mandamus to direct the Secretary to implement particular internal standards for signature counting and ballot certification, because mandamus cannot control official discretion.

Key Takeaways

  • Delay in seeking extraordinary election relief can justify denial when it prejudices candidates, disrupts an election, or risks voter confusion.
  • A challenge to nomination-petition sufficiency should be pursued in time to permit the statutory correction process to operate.
  • Mandamus will not compel an official to exercise discretionary administrative functions in a particular manner.

Why It Matters

The decision underscores that election challenges must be brought promptly, particularly where the requested relief would negate a nomination after voters have already selected a candidate and statutory correction deadlines have passed. Courts may decline original-jurisdiction relief without resolving the asserted petition defects on their merits.

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