Supreme Court Nominee is a Threat to Rural Hospitals and Coverage for Pre-existing Conditions 

BISMARCK, ND — Today, President Trump announced Amy Coney Barrett, who has a written track record of disagreeing with the U.S. Supreme Court’s decision upholding the Affordable Care Act, as nominee for the court. The announcement came before Justice Ruth Bader Ginsburg was buried. After a legendary career, Ginsburg became the first American woman to lie in state at the Capitol. The president, aided by North Dakota Republican senators, is committed to rushing the nomination in the limited time before the election. North Dakotans have already begun casting their ballots.

The court is scheduled to hear a case supported by North Dakota Republicans on whether the Affordable Care Act is still the law of the land. The Supreme Court has twice already upheld the Affordable Care Act as constitutional. The legislation enabled North Dakota to pass Medicaid expansion, ensuring coverage for thousands and provided much-needed funding to rural hospitals that were on the verge of collapse and are still at risk of closure, especially without these resources. 

The Senate has also failed to pass any version of a COVID-19 relief bill since the pandemic began in March, despite ongoing public health and economic crises.

The Democratic-NPL Party Chairwoman Kylie Oversen said:

“If approved before the election, this Justice will hold the fate of access to affordable healthcare in her hands in the middle of a public health crisis. She may decide whether thousands of North Dakotans with pre-existing conditions can keep their coverage. She may determine whether rural hospitals that provide necessary care to much of North Dakota now being hit by COVID-19 can remain operating. Senators Cramer and Hoeven must put their partisan fealty aside, and take their duty to North Dakotans seriously. They must vote against any nominee who will limit access to affordable healthcare in North Dakota.”

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Burgum Caved on Public Health Order Within Hours; Already Brushed off Paid Leave

BISMARCK, ND — Gov. Burgum’s administration made it a day before rescinding an order that would require close contacts of those who have tested positive for COVID-19 to quarantine. The original order brought North Dakota in line with Center for Disease Control and Prevention guidelines. The state is facing our worst week of COVID-19 outbreaks yet, and leads the nation in per capita cases.

The order was rescinded at the request of North Dakota Republican legislative leaders. Burgum’s refusal to listen to public health experts has cost him two top public health officials since the pandemic began. Earlier this year, Gov. Burgum and Republican leadership also dismissed calls for an Emergency Paid Leave program that would make it financially feasible for North Dakotans to quarantine when necessary.

Rep. Gretchen Dobervich, Chair of the Dem-NPL House Caucus, and a public health professional said:

“This rollback further confuses what exactly the governor expects North Dakotans to do to reduce the surge of COVID-19 across our state and further politicizes a deadly public health crisis. Quarantine, isolation, and physical distancing are centuries-old, evidence-based, public health strategies that reduce risk of infection. We introduced emergency paid leave and other proposals to make it possible for North Dakotans to quarantine without sacrificing their financial stability. Gov. Burgum and the NDGOP shot them down without consideration. COVID-19 is real, serious, and preventable. For the sake of our lives and livelihoods, it is time the governor and Republican leadership treat it that way.” 

The Democratic-NPL Party Chairwoman Kylie Oversen said:

“For just a moment, Gov. Burgum indicated he was willing to take advice from public health experts as North Dakota suffers through our worst COVID-19 week yet. But in only a few hours, he caved to just a bit of criticism. His governing is becoming erratic at a time when North Dakotans need clarity and transparency, so we can make the best decisions for our families and communities. Dem-NPL legislators offered solutions like emergency paid leave to make quarantine more viable for North Dakotans, but he ignored them. These guidelines came from the CDC, not from either party, and finding solutions shouldn’t be partisan either.”

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Terry Jones’ Wyoming Residency Considered By NoDak Supreme Court

BISMARCK, ND — The North Dakota Supreme Court today heard arguments on a petition showing that Terry Jones, running for reelection in legislative District 4, is ineligible to represent any legislative district in North Dakota. Kenton Onstad, a District 4 resident and Dem-NPL District 4 chair, filed the petition stating that Secretary of State Al Jaeger should remove Jones from the ballot.

As recently as this year, Jones was listed on state paperwork as registered agent of his business in Wyoming. Only Wyoming residents may be registered agents in Wyoming. North Dakota requires candidates to reside in the state for one year prior to being elected. The argument follows the recent precedent set by the North Dakota Supreme Court after the North Dakota Republican lawsuit to remove Travisia Martin, Dem-NPL candidate for insurance commissioner, from the ballot last month. Jones’ legislative phone number and fax machine have Wyoming area codes as well. He owns residential property in Wyoming.

The Dem-NPL has three candidates running in District 4, Thomasina Mandan and Hunter Andes for House and Lisa Finley-Deville for Senate, all who have deep ties to the district. Mandan and Finley-Deville are enrolled members of the Three Affiliated Tribes. Andes’ family has farmed in the region for generations.

The Democratic-NPL Party Communications Director Alex Rohr said:

“Terry Jones has repeatedly taken advantage of being a resident of Wyoming and has done so as recently as this year as the registered agent of the business that bears his name. He does not meet North Dakota’s residency requirement and must be removed from the ballot for the sake of election integrity and the rights of District 4 residents who deserve a representative who actually lives in their community.”

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Dem-NPL Statement on Justice Ruth Bader Ginsburg’s Death and Sen. Hoeven’s Past Statements on Replacing a Supreme Court Justice  

BISMARCK, ND — The Democratic NPL Party Chairwoman Kylie Oversen’s statement on the life and death of Supreme Court Justice Ruth Bader Ginsburg and the plan by Senate Majority Leader Mitch McConnell to hold a vote on a nominee, directly contradicting his previous actions and words. Voting has already begun in several states:

The Democratic-NPL Party Chairwoman Kylie Oversen said: 

“Justice Ginsburg is an iconic symbol in the ongoing fight for gender equality in our country. She started her legal career at a time when few women were in the field, and she excelled at every step of the way through steady perseverance. Her success came in spite of the numerous hurdles placed in front of her and all women seeking a new role in America. She never met a roadblock she could not leap over. And when she reached the other side, she turned around and worked to remove the obstruction, so the path was clearer for the rest of us.

Justice Ginsburg’s impression on our judicial system will be long-lasting and remarkable. While she did not always get it right, her stances on gender equality, on upholding voting rights and the rights of LGBTQ+ individuals, and on expanding access to healthcare made her a stalwart of progressive values. She was known for her fiery dissents, which she wrote with an understanding and vision that her words would lay the groundwork for the future of law in any given case.

While we deeply mourn her loss, Republicans across the country have already made it clear they are committed to hastily pushing through a new nomination, even though voting has already started in several states. Our own Sen. John Hoeven affirmed his position in 2016 that the “people should have a say” in naming a replacement for our nation’s highest court when an election is near.

Sen. Hoeven, do those sentiments remain now that you are on the other side of the vote? Do the American people still deserve a voice in this process? We demand that you, and Sen. Kevin Cramer, uphold the very principles that you and so many of your Republican colleagues asserted in 2016. Let the people have a say. There must be no confirmation vote on a Supreme Court nominee until after a new president is inaugurated.”

 

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Rep. Eidson to Step Down; District Committee to Fill the Seat by Oct. 21 

BISMARCK, ND — On Thursday evening, District 43 Rep. Matt Eidson submitted his letter of resignation, which goes into effect September 30. He followed up with a statement via social media stating personal reasons for resigning and asking journalists not to contact him. Media requests may be directed to the Dem-NPL. 

Eidson has represented District 43 since the 2018 election. He served in the United States Marine Corps from 2008 to 2015. He served on the House Finance and Taxation Committee and Energy and Natural Resources Committee. He advocated tirelessly for more effective services and funding for college students and veterans 

Rep. Corey Mock, Grand Forks said: 

“This is truly a bittersweet moment. Rep. Matt Eidson is a highly respected man of service, who built outsized influence over these past two years. Republicans and Democrats alike admired his principled work-ethic. It goes without saying that his absence will be noticed and his perspective will be missed. 

It’s personally difficult news for me as I’ve become close friends with Rep. Eidson. Since he was elected we’ve encouraged each other to learn new skills and grow professionally, holding each other accountable as we set goals for ourselves. I know our friendship will not fade as he moves on, but positive influences like Rep. Eidson are a rare find. 

I know — without a doubt — the decision to move away from North Dakota and live closer to family was difficult. But it was undeniably the right choice as he focuses on his health and future service to our country. We’re a better and stronger community thanks to Rep. Eidson’s short tenure in the legislature, and I know he’ll be following our progress closely in his next chapter.”

House Minority Leader Josh Boschee said:

“As a freshman legislator, Rep. Eidson instantly earned the respect of legislators from both political parties based on his ability to work towards solutions that benefit all North Dakotans. When he spoke on the House floor, the Chamber went silent. Everyone would stop what they were doing to hear him speak. He was a man of service, and his leadership will be missed. We wish him well and welcome him back to North Dakota any time.”

District 43 Chair Kaye Carlson said:
 
“The people of District 43 will miss Rep. Eidson. He was dedicated to serving our district well. We wish him all the best and are appreciative of all he has done for us. Our District has until October 21st to fill Matt’s position. District 43 has many qualified candidates. We will be able to complete the interview process and have someone appointed within that time frame.”

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District 4 Rep Lives in Wyoming, Lawsuit Filed to Remove Him From the Ballot

BISMARCK, ND — Terry Jones, a legislator who is seeking reelection in North Dakota’s House District 4 does not reside in North Dakota and cannot be elected to the seat under the state’s Constitution. A lawsuit was filed this week by Kenton Onstad, a resident of District 4 and chair of the District 4 Democratic-NPL Party. The case follows precedent set by the North Dakota Supreme Court after the North Dakota Republican lawsuit to remove Travisia Martin, Dem-NPL candidate for insurance commissioner, from the ballot last month.

North Dakota law requires candidates for state legislature to be a resident for one year prior to the election, and more than 80% of North Dakotans believe a legislator should live in the district they represent. Jones is currently a registered agent of Jones Brothers Enterprises, LLC in Wyoming. To hold that position, he has asserted he resides in Wyoming repeatedly, as recently as this year, meaning he cannot meet North Dakota’s residency requirement. Jones also owns residential property in Wyoming. His legislative phone number has a Wyoming area code as well.

The Democratic-NPL Party Chairwoman Kylie Oversen said:

“Residents of District 4 deserve a representative who lives in and respects their community, and North Dakotans deserve legislators who live in our state. Jones is showing a flagrant disregard for North Dakota’s Constitution and the people who live in District 4, which includes the Fort Berthold Reservation. His name should be stricken from the ballot, so voters can elect someone to pass North Dakota laws who is actually willing to follow them.

The Dem-NPL has three dedicated candidates in District 4, Thomasina Mandan and Hunter Andes for House and Lisa Finley-DeVille for Senate, who are deeply connected to the district. They will be committed representatives for their community and will work for farmer and rancher rights, safe infrastructure, access to affordable healthcare, and strong support for education.” 

For more information about the lawsuit:
 

Click here to view the petition and appendix.

 

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Dr. Shelley Embraces Collaboration, While Burgum Shuts Out Critical Voices

BISMARCK, ND — Today, Dr. Shelley Lenz, candidate for Governor, and Ben Vig, candidate for Lieutenant Governor, released a comprehensive and collaborative COVID-19 Crisis Management Plan and governing structure, including an equal relationship between the governor, state legislature, and tribal nations. 

A key component of the Lenz-Vig plan would be to convene a special session of the legislature, a call made this year by Dem-NPL legislators, and supported by some Republicans, that went unheeded by Gov. Burgum and NDGOP leadership. 

A recent Associated Press report also showed that Gov. Burgum used a far different tone in private than in public when talking about the state’s pandemic environment. On the same day he emailed staff saying “our house is on fire” and pressed a “sense of urgency and action,” he visited Washington, D.C. and all but declared victory over the virus and the economic downturn caused by the chaotic response. Burgum has lost two top public health officials during the pandemic.

The Democratic-NPL Party Chairwoman Kylie Oversen said: 

“Where Gov. Burgum has chosen to shut out critical voices, losing two top public health officials in the process, Dr. Shelley would embrace collaboration. Where the governor has warped the risk-level to meet his political needs, Dr. Shelley will follow the facts. We need a governor who leads with transparency and who listens to experts, so we can get the virus under control and begin an economic recovery that works for all North Dakotans.”

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Historic Native American Caucus Founded within Dem-NPL

BISMARCK, ND — This weekend, The North Dakota Democratic-NPL Party State Policy Committee unanimously approved an application to form the Native American Caucus. Prairie Rose Seminole, Dr. Twyla Baker, and Rep. Ruth Buffalo brought the application and are organizing the caucus to build long term political engagement within Indigenous communities and with the Dem-NPL.

All three women are members of the Three Affiliated Tribes. The caucus group is currently more than 40 members who are working on developing a governing structure that includes representation from the Standing Rock Sioux Tribe, Turtle Mountain Band of Chippewa, Three Affiliated Tribes, and the Spirit Lake Nation as well as setting goals for future engagement. The meeting was held virtually Saturday because of COVID-19.

Rep. Ruth Buffalo represents District 27 in Fargo. She is originally from Mandaree and is the Dem-NPL’s DNC National Committeewoman. Buffalo said:

“This has been a long time coming. Diversity will only strengthen relationships across the state to address the issues that not only face our tribal communities, but our rural and urban populations. More native voices in the political landscape of North Dakota only deepens our understanding of one another, and there is value in knowing who our neighbors are and what impact public policy may have.”

Prairie Rose Seminole is a policy analyst at the Indigenous Environmental Network and program manager at Advance Native Political Leadership.  She ran for House District 45 in 2010. Seminole said:

“We’re making a space within the Dem-NPL to house and nurture Native leadership in the state and to make introductions to the party and the platforms, but also to encourage our own leadership where Native North Dakotans can potentially run for office or be an organizer. There’s so much capacity in our community, but we need to build trust within the party.”

Dr. Tywla Baker is president of Nueta Hidatsa Sahnish College. Baker said:

“This will be a learning experience for our communities and for the Dem-NPL. There are different practices and approaches to democratic participation, and we want to establish a practice of building leadership beyond voter engagement. In the long term, we want to nurture relationships for strategic, years-long efforts for structural victories that improve peoples’ lives and provide value in the political education needed for more relational governance in North Dakota and our tribal people.”

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North Dakotans Deserve Transparency, Not a Twisted Message from NDGOP Officials

BISMARCK, ND — Sen. Kevin Cramer said he has no problem with the decision President Trump made to purposefully mislead the public regarding the threat COVID-19 posed on United States citizens. Recorded interviews by Bob Woodward and The Washington Post revealed that President Trump knew COVID-19 was deadly and far more harmful than the flu, despite telling the public the exact opposite. 

Rep. Kelly Armstrong, who is up for reelection down ballot of President Trump, refused to recognize the harm caused by the President’s decision to mislead the public during a pandemic, even as North Dakota’s infection rates rank near the top in the nation.

A recent Associated Press report also showed that Gov. Burgum, too, used a far different tone in private than in public. On the same day he emailed staff saying “our house is on fire” and pressed a “sense of urgency and action,” he visited Washington, D.C. and all but declared victory over the virus and the economic downturn caused by the chaotic response. Burgum has lost two top public health officials during the pandemic.

The Democratic-NPL Party Chairwoman Kylie Oversen said:

“North Dakota’s COVID-19 recovery relies on everyone being able to make the best decisions for ourselves, our families, and our communities. For that to work, our elected leaders need to be at the forefront of this pandemic and economic collapse with transparency, honesty, and frankness. North Dakotans deserve the truth.”

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Dem-NPL Legislative Candidates Urge Action to Protect Educators, Support Staff 

BISMARCK, ND — A group of Dem-NPL legislative candidates urged the governor today to take action to protect teachers, support staff, and students at all North Dakota K-12 schools and higher education institutions.

They urged Gov. Doug Burgum to build off executive orders he has issued since March extending workers compensation for specific essential workers who contract or are exposed to COVID-19 through the course of employment. This executive order would extend the previous orders to include teachers and support staff at North Dakota K-12 public schools and professors and support staff at universities and colleges. The order would include teachers, paraprofessionals, maintenance staff, kitchen staff, bus drivers, and all support staff. 

It would also create a presumption that qualified employees contracted COVID-19 on the job, which would cut red tape and assure North Dakota workers access to benefits they deserve. The initiative would apply when all other COVID-19 benefits have been exhausted and only when telework is unavailable, meaning this wouldn’t apply if the individual can continue their work virtually.

Naomi Muscha, a retired teacher and current District 24 House candidate, said: 

“Students, teachers and support staff are happy and thankful that schools are in session in North Dakota, some fully face-to-face and others with varying degrees of virtual classes. Adding this presumption would cut through red tape and give assurance to all school employees they can stay working and safe.”

Zachary Tomczik, a University of North Dakota law student and District 42 House candidate, said:

“If we are able to give our educators and support staff time to recover without worrying about their finances  – they can leave when they need to and get better – to come back. This will keep the COVID-19 numbers down on campus and allow our university to continue the fight through these unusual times. As a city we cannot afford for the university to close its doors.”

Kari Breker, a former social worker, mother of school-age children, and District 16 Senate candidate, said:

“Ultimately, if parents aren’t at work, the economy grinds to a halt and stability of families suffer, and the crisis gets much worse overall. Parents need to know their children are safe and healthy and everything is being done to prevent the spread of the virus, but the expectations are high and the implementation is difficult. Making sure teachers, schools, and support staff have all the options available related to COVID-19, helps everyone make strong public health decisions, and will help assure parents that their kids are safe.”

John Pederson, Ph.D., professor of economics and history at Mayville State University and District 20 House candidate, said: 

“If we have to stop teaching face to face, think of what happens to all the workers we have providing food to our students, faculty, and staff on campus. Supporting university and college workers and employees means supporting our communities and it means supporting our economy.” 

Background on Gov. Burgum’s Executive Orders

Workers made eligible by previous Executive Orders: Paid or voluntary first responders, healthcare workers, funeral directors and others employed in a funeral home, individuals employed to provide direct care, treatment, and services to individuals with intellectual or developmental disabilities.

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Wednesday: Dem-NPL Leg Candidate Press Conference on Education Amid COVID-19

BISMARCK, ND — Press are invited to attend a virtual press conference Wednesday, September 9 at 12:30 p.m. (CT) during which four legislative candidates will introduce a proposal related to education and COVID-19.

Speakers

  • Naomi Muscha, retired teacher, District 24 House candidate
  • Zachary Tomczik, University of North Dakota law student, District 42 House candidate
  • Kari Breker, former social worker, mother of school-age children, District 16 Senate candidate
  • John Pederson, Ph.D., professor of economics and history at Mayville State University, District 20 House candidate

To Attend

Please RSVP to Alex Rohr at [email protected] to receive the meeting ID and pass code.

Log in via Zoom: https://zoom.us/j/96902534932?pwd=SjRxRXFzaEVwR3JVb3oxeWZsMENEdz09

Dial in: +1 312 626 6799 US 

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The Democratic-NPL Party Statement on the North Dakota Supreme Court Decision in Oversen, et al. v. Jaeger 

The Democratic-NPL Party Statement on the North Dakota Supreme Court Decision in Oversen, et al. v. Jaeger 

We agree with former Chief Justice Gerald VandeWalle, the longest-serving chief justice in the state’s history, in his dissent stating:

VandeWalle, Justice, dissenting.

I respectfully dissent. Section 16.1-11-18(6)(d), N.D.C.C., provides a vacancy can be filled if a candidate “[c]eases to be qualified to serve, if elected, as otherwise provided by law.” I believe the use of the term qualified in subdivision (6)(d) is ambiguous and a reasonable interpretation is that Martin was qualified when she was placed on the primary ballot by the Secretary of State. She subsequently ceased to be qualified when we determined she was not eligible to hold the office of insurance commissioner in our prior case. I would err on the side of placing a candidate’s name on the ballot when ambiguity exists in a statute. Therefore, I dissent.

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