IN the SUPREME COURT STATE of NORTH DAKOTA Rick Berg

20200184 FILED JULY 16, 2020 IN THE OFFICE OF THE CLERK OF SUPREME COURT IN THE SUPREME COURT STATE OF NORTH DAKOTA

STATE OF NORTH DAKOTA

Rick Berg, individually in his capacity as a resident and elector of the State of North Dakota, and as Chairman of the North Dakota Republican Party, Supreme Ct. No. 20200184 Petitioner,

Alvin Jaeger, in his capacity as North Dakota’s Secretary of State,

Respondent.

______

ALVIN JAEGER’S MOTION REQUESTING THE COURT CONSIDER TRAVISIA JONETTE MINOR, A/K/A TRAVISIA MARTIN AS A NECESSARY PARTY TO THE PETITION ______

State of North Dakota Wayne Stenehjem Attorney General

By: Matthew A. Sagsveen Solicitor General State Bar ID No. 05613 Office of Attorney General 500 North 9th Street Bismarck, ND 58501-4509 Telephone (701) 328-3640 Facsimile (701) 328-4300 Email [email protected]

Attorneys for Respondent.

[¶1] Rick Berg (“Berg”)1 petitions the North Dakota Supreme Court for an

Emergency Writ of Mandamus (the “Petition”), requesting that the Court order the

Secretary of State, Alvin Jaeger (the “Secretary”), to immediately remove Travisia

Jonette Minor A/K/A/ Travisia Martin (“Martin”) from the General Election ballot because she is allegedly not eligible to hold the office of Insurance Commissioner of North Dakota, if elected.

[¶2] Under N.D.R.App.P. 27 and N.D.R.Civ.P. 19, the Secretary moves the Court to join Martin as a necessary party to the Petition.

[¶3] Under N.D.R.Civ.P. 19(a)(1), “[a] person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party” if the person meets the following requirements, in part:

(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person’s absence may:

(i) as a practical matter impair or impede the person’s ability to protect the interest . . .

[¶4] The Secretary contends Martin is a required party and her joinder will not deprive the Court of subject-matter jurisdiction. N.D.R.Civ.P. 19(a)(1). Martin is a candidate for the North Dakota Insurance Commissioner, and she resides in North

Dakota.

[¶5] The Secretary believes Martin meets the remaining requirements of Rule 19 because Martin’s placement on the General Election ballot constitutes an interest relating to the subject of the Petition, i.e. the removal of Martin’s name from the

1 Berg is petitioning the Court as an individual resident and elector, and as Chairman of the North Dakota Republican Party.

2 General Election ballot. N.D.R.Civ.P. 19(a)(1)(B). And, the Court’s disposition of the

Petition in Martin’s absence will obviously impair or impede Martin’s ability to protect her interest. N.D.R.Civ.P. 19(a)(1)(B)(i).

[¶6] Martin’s joinder is also required because the Secretary is the supervisor of elections under N.D.C.C. § 16.1-01-01. As supervisor of elections, the Secretary is not, and cannot be, an advocate for any candidate for election.

[¶7] Since the Petition rests heavily upon certain facts related to Martin, she is a necessary party and must be joined as a party.

Dated this 16th day of July, 2020.

State of North Dakota Wayne Stenehjem Attorney General

By: /s/ Mathew A. Sagsveen Matthew A. Sagsveen Solicitor General State Bar ID No. 05613 Office of Attorney General 500 North 9th Street Bismarck, ND 58501-4509 Telephone (701) 328-3640 Facsimile (701) 328-4300 Email [email protected]

Attorneys for Respondent.

3 IN THE SUPREME COURT

STATE OF NORTH DAKOTA

Rick Berg, individually in his capacity as a resident and elector of the State of North Dakota, and as Chairman of the North Dakota Republican Party, CERTIFICATE OF SERVICE

Petitioner,

v. Supreme Ct. No. 20200184 Alvin Jaeger, in his capacity as North Dakota’s Secretary of State,

Respondent.

[¶1] I hereby certify that on July 16, 2020, the following document: ALVIN

JAEGER’S MOTION REQUESTING THE COURT CONSIDER TRAVISIA

JONETTE MINOR, A/K/A TRAVISIA MARTIN AS A NECESSARY PARTY TO THE

PETITION was filed electronically with the Supreme Court through the E-Filing Portal and served on the following:

Courtney Presthus – [email protected]

State of North Dakota Wayne Stenehjem Attorney General

Attorneys for Respondent.