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Tale of Two Governors

1/3/2011:

North Dakota had not one, but two governors on this date in 1985. Two different men, George Sinner and Allen Olson, both claimed the state’s governorship. Olson, the incumbent elected in 1980, asserted that his four-year term began the date that he was sworn in, January 6, 1981. Therefore, he did not plan to vacate his office until January 6, 1985, securing his term of exactly four years. Meanwhile, George Sinner, the newly-elected governor, filed his oath of office on December 31, 1984, claiming that his new position began instead on the first of the new year.

In truth, both governors were right. When North Dakota became a state in 1889, the state Constitution did not explicitly define when a newly elected official, including the governor, was to take office. Over the years, North Dakota governors had assumed office over a wide range of dates, usually sometime between late December and mid-January. Originally, governors were elected to two-year terms, but in 1965, this was changed to four years. Even then, however, the date that the post began was not clear. In plain language, the Constitution stated that once the newly-elected governor fulfilled their oath of office, the official could begin their duties ‘at the beginning of the year.’ This had been interpreted to mean the first of January, but for logistical reasons, this was often moved to the first Monday of the year. In 1975, the Department of Accounts and Purchases requested that offices begin on the first of the year to ease payroll manipulations.

It would take a ruling by the North Dakota Supreme Court to finally decide the case between the two governors. On January 2, newly-elected Attorney General Nicholas Spaeth issued his opinion and presented the case to the Court. Realizing that a potential conflict might exist, and not wishing to entangle themselves in the disagreement, three of the justices disqualified themselves. Presiding district judges were called in as substitutes.

On January 4, the Court ruled in favor of Sinner, claiming he had a right to the office beginning on the first of January, 1985. All the actions completed by Olson during those three days in office were declared void and Sinner was officially recognized as the only Governor of North Dakota. But for three days that January, North Dakota had had two state governors.

Dakota Datebook written by Jayme L. Job

Sources:

http://en.wikipedia.org/wiki/George_Sinner

http://www.ndcourts.com/court/history/century/iii.b.htm

ND AGO 85-1 (Attorney General’s Opinion)

Constitution of North Dakota, Article V, Section I

North Dakota House Bill 1199