BISMARCK, N.D. (AP)  – The North Dakota Supreme Court ruled that Gov. Doug Burgum does not have the authority to appoint someone to a state House seat won by a Republican candidate who died before the election. The court, in a unanimous ruling said that Burgum “has not established a clear legal right” to appoint his preferred candidate.

It’s a setback for Burgum, who spent heavily to help oust a fellow Republican who had stymied the governor at the Capitol — and had hoped to prevent that very same rival, Jeff Delzer, from being appointed to fill the dead candidate’s seat. The Court also rejected Kathrin Volochenko’s argument that, as the third place finisher, she was entitled to the office.

Attorney General Wayne Stenehjem said, “the Court’s decision today affirmed my earlier Opinion. This entire exercise was a waste of taxpayer dollars and time, all of which could have been avoided had the Governor came across the hall to receive legal advice from the person who was elected by the citizens of North Dakota to provide legal advice to state officials.”

Gov. Doug Burgum released the following statement today after the North Dakota Supreme Court issued its opinion on the filling of the pending vacancy in the District 8 House of Representatives seat resulting from the tragic death of candidate David Andahl.

“This case involved a question of the governor’s constitutional responsibility in a set of circumstances never before seen in North Dakota. The Supreme Court determined that responsibility is not applicable in this case. While we disagree with the findings, we respect the Court’s opinion and will continue to do our best every day to serve the citizens of North Dakota,” Burgum said.