North Dakota state legislative special elections, 2026
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As of January, two special elections have been called to fill vacant seats in the North Dakota Legislative Assembly.
Click here to read more about the special elections.
House special elections called:
- District 26: November 3
- District 42: November 3
How vacancies are filled in North Dakota
If there is a vacancy in the North Dakota State Legislature, the vacancy is filled by the district committee of the political party that holds the seat. A replacement must be named within 21 days of the vacancy. The appointed person shall serve until the next general election which is scheduled for at least 94 days after the vacancy occurs. Qualified electors in a district where a vacancy exists can also petition for a special election to be called by the governor to fill the remaining term.[1]
See sources: North Dakota Cent. Code §44-02-03.1
About the legislature
The North Dakota Legislative Assembly is the state legislature of North Dakota. The Legislative Assembly consists of two bodies, the North Dakota House of Representatives and the North Dakota State Senate. A legislative council and its research, administrative, and support staff also assist the Legislative Assembly in its day-to-day activities.
The boxes below show the partisan composition of both chambers directly before and after the most recent general elections prior to 2026. For the most up-to-date numbers on partisan composition in this legislature, see here (Senate) and here (House).
| North Dakota State Senate | |||
|---|---|---|---|
| Party | As of November 5, 2024 | After November 6, 2024 | |
| Democratic Party | 4 | 5 | |
| Republican Party | 43 | 42 | |
| Total | 47 | 47 | |
| North Dakota House of Representatives | |||
|---|---|---|---|
| Party | As of November 5, 2024 | After November 6, 2024 | |
| Democratic Party | 12 | 11 | |
| Republican Party | 82 | 83 | |
| Total | 94 | 94 | |
Special elections
Click [show] to the right of the district name for more information:
November 3, 2026
| North Dakota House of Representatives District 26 | |
|---|---|
|
A special election for North Dakota House of Representatives District 26 has been called for November 3, 2026. A primary is scheduled to take place on June 9, 2026. The major party candidate filing deadline is April 6, 2026. The write-in candidate filing deadline is May 19, 2026.[2] The seat became vacant after Jeremy Olson (R) resigned from office on May 5, 2025.[3] | |
| North Dakota House of Representatives District 42 | |
|---|---|
|
A special election for North Dakota House of Representatives District 42 has been called for November 3, 2026. A primary is scheduled to take place on June 9, 2026. The major party candidate filing deadline is April 6, 2026. The write-in candidate filing deadline is May 19, 2026.[4] The seat became vacant after Emily O'Brien (R) resigned from office on August 9, 2025, to become the deputy commissioner of the North Dakota Health and Human Services department.[5] | |
Special elections throughout the country
As of January 2026, 48 state legislative special elections have been scheduled for 2026 in 19 states. Between 2011 and 2024, an average of 70 special elections took place each year.
Breakdown of 2026 special elections
In 2026, special elections for state legislative positions are being held for the following reasons:
- 27 due to appointment, election, or the seeking of election to another position
- 17 due to resignation
- 4 due to the death of the incumbent
Impact of special elections on partisan composition
The partisan breakdown for the special elections is as follows:
- 28 Democratic seats
- 19 Republican seats
As of January 14th, 2026, Republicans controlled 55.24% of all state legislative seats nationally, while Democrats held 43.57%. Republicans held a majority in 57 chambers, and Democrats held the majority in 39 chambers. Two chambers (Alaska House and Alaska Senate) were organized under multipartisan, power-sharing coalitions. One chamber (Minnesota House of Representatives) was split evenly between both parties.
| Partisan balance of all 7,386 state legislative seats | ||||||||
|---|---|---|---|---|---|---|---|---|
| Legislative chamber | Vacant | |||||||
| State senates | 835 | 1,119 | 6 | 13 | ||||
| State houses | 2,383 | 2,961 | 20 | 49 | ||||
| Total: | 3,218
|
4,080
|
26
|
62 | ||||
The table below details how many seats changed parties as the result of a special election in 2026. The number on the left reflects how many vacant seats were originally held by each party, while the number on the right shows how many vacant seats each party won in the special elections.
Note: This table reflects information for elections that have been held and not the total number of vacant seats.
| Partisan Change from Special Elections (2026) | |||
|---|---|---|---|
| Party | As of Special Election | After Special Election | |
| Democratic Party | 28 | 3 | |
| Republican Party | 20 | 3 | |
| Independent | 0 | 0 | |
| Total | 48 | 6 | |
Flipped seats
In 2026, as of January, no seats flipped as a result of state legislative special elections.
See also
- State legislative special elections, 2026
- State legislative special elections, 2025
- State legislative special elections, 2024
- State legislative special elections, 2023
- North Dakota Legislative Assembly
Footnotes
- ↑ North Dakota Legislative Branch, "North Dakota Century Code §44-02-03.1," accessed February 6, 2023
- ↑ North Dakota Secretary of State, "North Dakota Election & Candidate Filing Information," accessed December 22, 2025
- ↑ North Dakota Monitor, "North Dakota lawmaker resigns seat after harassment complaint," May 5, 2025
- ↑ North Dakota Secretary of State, "North Dakota Election & Candidate Filing Information," accessed December 22, 2025
- ↑ Knox News, "Grand Forks State Representative Emily O’Brien Resigns to Take State Job," August 12, 2025