North Dakota state legislature candidate who died of COVID-19 apparently won his election

A Republican candidate in North Dakota has apparently won his seat for state legislature, despite having passed away from complications due to COVID-19 last month.

David Andahl died on Oct. 5 at the age of 55, the Associated Press had reported. His mother, Pat, had told The Bismarck Tribune that her son had been hospitalized with the virus and died after being sick for about four days.

On Wednesday, unofficial election results showed that Andahl won enough votes to obtain one of two seats for District 8 state representative.

North Dakota Gov. Doug Burgum announced Wednesday morning that he is appointing businessman Wade Boeshans to the North Dakota House of Representatives seat that was left vacant due to Andahl's passing.

"Our hearts continue to go out to David Andahl's family and friends. There is no doubt he would have served the state well in the Legislature," the GOP governor said in a press release. "After extensive research, it became clear that the only legal and constitutionally viable way to fill the District 8 seat is through gubernatorial appointment."

Boeshans, 49, is president and general manager of BNI Energy, a coal energy company headquartered in Bismarck.

"My strong track record of leadership and deep understanding of the energy, environmental and economic challenges and opportunities currently facing District 8 make me well-prepared to serve," Boeshans said in a statement.

But North Dakota Secretary of State Alvin Jaeger said the governor's announcement came as a surprise.

"Whether the governor has the authority to make the appointment is under review by other state officials," Jaeger, who is also a Republican, told ABC News.

Jaeger said the state, which was aware that Andahl could still be elected despite being deceased, had planned to follow the Oct. 13 opinion of Attorney General Wayne Stenehjem, handed down shortly after Andahl's death.

Stenehjem, who lost to Burgum in 2016's Republican gubernatorial primary, wrote that the state's procedure to fill vacancies is established in the North Dakota Century Code and the state's constitution.

"The legislative branch, not the executive branch, had the authority to fill a vacancy in the legislative assembly," Stenehjem, also a Republican, wrote Wednesday in response to Burgum's gubernatorial appointment.

Stenehjem also said Boeshans' appointment to the legislature was "both inaccurate and untimely" because the results of Tuesday's election have yet to be certified, and the seat won't be vacant until the newly elected members begin on Dec. 1.

"Despite the Governor's efforts to sidestep the statutory processes and the state Constitution, I have today advised Secretary of State Jaeger to follow the Opinion," wrote Stenehjem.

Republican candidate Dave Nehring won the other seat for District 8 representative, with 40.72% of the vote. Andahl and Nehring defeated Democratic challengers Kathrin Volochenko and Linda Babb, who had garnered 11.42% and 9.88% of the vote, respectively.