Kuhn v. Beede

We had the opportunity in the case of State ex rel. Olson v. Thompson, 248 N.W.2d 347 (N.D.1976), to apply § 47 of the North Dakota Constitution with a sense of balance and practicality, and in accordance with precedent. Leu v. Montgomery, 31 N.D. 1, 148 N.W. 662, 663 (1914), pointed out that “ * * * by section 47 of the Constitution each branch of the Legislature is made the judge of the election and qualifications of its members, and the courts, therefore, have no jurisdiction in such cases.” If there is anything that is clearly mandatory in all of this, it is § 47 of the Constitution.

In…