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North Dakota Supreme Court elections, 2016

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2016 State
Judicial Elections
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Part 1: Overview
Part 2: Supreme Courts
Part 3: Partisanship
Part 4: Changes in 2016

Two seats on the North Dakota Supreme Court were up for election on November 8, 2016. A primary was held on June 14. These seats were held by Justice Dale Sandstrom and Justice Lisa Fair McEvers heading into the election.

HIGHLIGHTS
  • The two candidates for retiring Justice Dale Sandstrom's seat, Jerod Tufte and Robert V. Bolinske, Sr., advanced through the primary and faced each other in the general election. Tufte defeated Bolinske for the seat.
  • Justice Lisa Fair McEvers, running unopposed, also advanced through the primary and won re-election.
  • Tufte and Bolinske were running for a full ten-year term.
  • McEvers, appointed in 2013 to succeed a retiring justice, ran unopposed to complete the term of her predecessor, which ends in December 2018.
  • In North Dakota, all judicial candidates, even if unopposed or opposed by only one candidate, stand in the primary election. The top two finishers for any one seat advance to the general election. Two candidates, Judge Jerod Tufte and Robert V. Bolinske, Sr., were vying for Justice Sandstrom's seat. Justice McEvers ran unopposed. All three candidates for the two seats advanced through the June 14 primary to the November 8 general election.

    The candidate elected to Sandstrom's seat will serve a full ten-year term. McEvers ran for election to the remainder of the term of her predecessor, Mary Muehlen Maring, which expires in December 2018.

    General election candidates

    Dale Sandstrom's seat

    Jerod Tufte Green check mark transparent.png
    Robert V. Bolinske, Sr.

    Lisa McEvers' seat

    Lisa Fair McEvers Green check mark transparent.png (Incumbent/Unopposed)

    Election results

    November 8 general election

    Jerod Tufte defeated Robert V. Bolinske Sr. in the general election for Dale Sandstrom's seat on the North Dakota Supreme Court.
    North Dakota Supreme Court 2016, Sandstrom's Seat, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Jerod Tufte 60.69% 166,229
    Robert V. Bolinske Sr. 38.63% 105,805
    Write-in votes 0.68% 1,851
    Total Votes (432 of 432 precincts reporting: 100%) 273,885
    Source: North Dakota Secretary of State Official Results
    Incumbent Lisa Fair McEvers ran unopposed in the general election for Lisa McEvers' seat on the North Dakota Supreme Court.
    North Dakota Supreme Court 2016, McEvers' Seat, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Lisa Fair McEvers Incumbent (unopposed) 98.98% 261,255
    Write-in votes 1.02% 2,700
    Total Votes (433 of 432 precincts reporting: 100%) 263,955
    Source: North Dakota Secretary of State Official Results

    June 14 primary

    North Dakota Supreme Court Primary, Dale Sandstrom's Seat, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Jerod Tufte 55.03% 54,107
    Green check mark transparent.png Robert V. Bolinske Sr. 44.65% 43,899
    Write-in votes 0.32% 311
    Total Votes 98,317
    Source: North Dakota Secretary of State
    North Dakota Supreme Court Primary, Lisa McEvers' Seat, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Lisa Fair McEvers Incumbent (unopposed) 99.67% 98,203
    Write-in votes 0.33% 330
    Total Votes 98,533
    Source: North Dakota Secretary of State

    Forums and debates

    Sept. 22, Cass County Bar Association meeting

    On Sept. 22, 2016, the Cass County Bar Association hosted a forum for candidates Jerod Tufte and Robert V. Bolinske, Sr.. At the start of the candidate introductions, Bolinske took issue with the mention of the State Bar Association of North Dakota recommendations, in which member attorneys rated Tufte higher than Bolinske. Bolinske said that the association ratings were "flawed" and "jiggered." He said, "[I]t made me mad."[1] According to the Bismarck Tribune, Bolinske also accused Tufte of contacting friends to puff up his survey results and said to Tufte, "I wouldn't trust you as far as I could throw you."[1] When asked whether his words and actions called his temperament into question, the Tribune records Bolinske's response as, "Temperament, smemperament. What did Jesus do when he chased the thieves out of the temple? … Well, it was a just thing." Bolinske also said, "You can tell I go from zero to 60 pretty quickly."[1]

    Bar Association recommendations

    In June 2016, the State Bar Association of North Dakota released the results of its 2016 judicial survey. The number of valid responses to the survey questions was 248. Attorneys were asked to rate specific qualifications of judicial candidates on a scale of 1-5, with 1 the lowest and 5 the highest. The responses were averaged and the average reported for each candidate in each category. Survey respondents were asked to refrain from giving an answer in a category if they did not have enough information to do so. The averages for Jerod Tufte and Robert V. Bolinske, Sr. are reported below. The number of respondents choosing not to give answers on a particular candidate in a particular category is in parentheses next to the average. The number of respondents choosing not to give any answers, in any category, on a particular candidate is in the last column.

    State Bar Association of North Dakota Judicial Survey Results, 2016
    Candidate Professional
    Competence
    Legal Experience Judicial Temperament Integrity Average No Response
    Robert V. Bolinske, Sr. 2.99 (69 no ans.) 3.54 (58 no ans.) 2.50 (67 no ans.) 2.92 (73 no ans.) 2.99 41
    Jerod Tufte 4.04 (51 no ans.) 3.52 (49 no ans.) 4.05 (54 no ans.) 4.22 (53 no ans.) 3.96 37
    Source: State Bar Association of North Dakota

    Campaign finance

    Note: North Dakota does not publicly report expenditures or make viewable the filed paper campaign finance reports.
    Jerod Tufte Campaign Finance Reports
    ReportDate FiledBeginning BalanceTotal Contributions
    for Reporting Period
    ExpendituresCash on Hand
    Pre-Primary5/12/2016$0.00$19,386.03Unknown$14,493.04
    Pre-General Amendment10/5/2016$0.00$38,719.21Unknown$5,528.25
    Running totals
    $58,105.24$(0)
    Robert V. Bolinske, Sr. Campaign Finance Reports
    ReportDate FiledBeginning BalanceTotal Contributions
    for Reporting Period
    ExpendituresCash on Hand
    Pre-Primary5/13/2016$0.00$0.00Unknown$0.00
    Pre-General10/7/2016$0.00$640.00Unknown$143.00
    Running totals
    $640$(0)
    Lisa Fair McEvers Campaign Finance Reports
    ReportDate FiledBeginning BalanceTotal Contributions
    for Reporting Period
    ExpendituresCash on Hand
    Pre-Primary5/12/2016$0.00$0.00Unknown$591.83
    Pre-General10/4/2016$0.00$0.00Unknown$591.83
    Running totals
    $0$(0)



    BP-Initials-UPDATED.png The finance data shown here comes from the disclosures required of candidates and parties. Depending on the election or state, this may not represent all the funds spent on their behalf. Satellite spending groups may or may not have expended funds related to the candidate or politician on whose page you are reading this disclaimer, and campaign finance data from elections may be incomplete. For elections to federal offices, complete data can be found at the FEC website. Click here for more on federal campaign finance law and here for more on state campaign finance law.


    Endorsements

    Endorsements
    Jerod TufteRobert V. Bolinske Sr.
    Jake Rodenbiker, McKenzie County State's Attorney***
    What is a key endorsement?


    ***Ballotpedia is not aware of any endorsements for this candidate. Do you know of any endorsements for any of the three candidates? Let us know!

    Ads

    Ballotpedia was unable to locate online campaign advertisements for this race.

    Political composition

    North Dakota's supreme court justices are elected in nonpartisan elections. Justice Carol Ronning Kapsner, Justice Daniel Crothers and Justice Lisa Fair McEvers were appointed by Republican governors to fill vacancies on the court. Chief Justice Gerald VandeWalle was appointed by Gov. Arthur Link (D) in 1978 and Justice Dale Sandstrom was elected to the court.

    Independent Chief Justice Gerald VandeWalle
    Independent Justice Dale Sandstrom
    Independent Justice Carol Ronning Kapsner
    Independent Justice Daniel Crothers
    Independent Justice Lisa Fair McEvers

    Selection

    See also: Judicial selection in North Dakota

    The five justices on the court are elected to 10-year terms in nonpartisan elections.[2]

    Political outlook

    See also: Political outlook of State Supreme Court Justices

    In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of North Dakota was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, North Dakota received a score of 1.00. Based on the justices selected, North Dakota was the 2nd most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[3]

    Qualifications

    Supreme court justices and district court judges shall be citizens of the United States and residents of this state, shall be learned in the law, and shall possess any additional qualifications prescribed by law.[4]
    —North Dakota Constitution[5]

    State profile

    Demographic data for North Dakota
     North DakotaU.S.
    Total population:756,835316,515,021
    Land area (sq mi):69,0013,531,905
    Race and ethnicity**
    White:88.7%73.6%
    Black/African American:1.6%12.6%
    Asian:1.2%5.1%
    Native American:5.3%0.8%
    Pacific Islander:0%0.2%
    Two or more:2.2%3%
    Hispanic/Latino:2.9%17.1%
    Education
    High school graduation rate:91.7%86.7%
    College graduation rate:27.7%29.8%
    Income
    Median household income:$57,181$53,889
    Persons below poverty level:12.2%11.3%
    Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
    Click here for more information on the 2020 census and here for more on its impact on the redistricting process in North Dakota.
    **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

    Presidential voting pattern

    See also: Presidential voting trends in North Dakota

    North Dakota voted Republican in all seven presidential elections between 2000 and 2024.

    Pivot Counties (2016)

    Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in North Dakota, accounting for 1.94 percent of the total pivot counties.[6]

    Pivot Counties (2020)

    In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. North Dakota had three Retained Pivot Counties, 1.66 percent of all Retained Pivot Counties.

    More North Dakota coverage on Ballotpedia

    Recent news

    The link below is to the most recent stories in a Google news search for the terms 'North Dakota Supreme Court election' OR 'North Dakota judicial elections' OR 'North Dakota court elections 2016'. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    See also

    North Dakota Judicial Selection More Courts
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    Courts in North Dakota
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    External links

    Footnotes