North Dakota Supreme Court denies governor's legislative appointment

[RicROC]

1. the Democrat should have the seat

because the candidates running were running against each other and since there was no living Republican candidate.
Basically, the Repubs did not field a candidate. Whoever receives the most votes win.

As a side issue, I don't think anyone who assume political office unless having won 50% of the vote. This nonsense of the dead Republican 'won' the election with 36% of the vote supports my contention. How can this be possible in a democracy that the candidate, who lost 64% of the vote be crowned the winner?