Nielsen v. Neuharth

PEDERSON, Justice.

This election contest pursuant to Ch. 16.-1-16, NDCC poses the question — do statutes relating to election qualifications require fulfillment “before taking office” or “before becoming a candidate?” The trial court concluded that because Neuharth did not meet the residence and elector requirements until some time after the general election, but before taking office, his election was void and the office was vacant. Neuharth appealed from that part of the judgment setting aside his election and Nielsen cross appealed from that part of the judgment declaring the office vacant.…