Supreme Court scrutinizing recount law in Riemers suit

Former Libertarian secretary of state candidate Roland Riemers had his day in front of the state supreme court today, in a last ditch effort to get on the November ballot. He didn't reach the 300 vote threshold to make it to the general election.

The five justices listened to arguments for about an hour this morning, questioning both sides on the interpretation of the recount law.

A recount is mandatory when a candidate misses nomination in a primary election by one percent or less behind the highest vote getter for an office. Will Gardner received the most votes, but Riemers was the Libertarian candidate. What both sides argued to the court today: does the 1 percent threshold cross party lines?

Actual intent versus actual wording- North Dakota's recount law is under scrutiny from state's highest court.

"The state is actually arguing is well that party requirement never left. Well it left in 1991. I think the recount law probably has to be redone but that's up to the state's legislature to decide,” said Riemers.

Riemers says a recount should be automatic. The secretary of state's office argued recounts only apply in contested races. Even if he wins the suit, getting the extra 53 votes will require extra work.

"It kind of makes me cringe to think if we do a recount, I have to be present during a lot of the recounting and it's going to be a lot of work and my summer's going to be taken up. I almost wish I lose so I can enjoy my summer,” said Riemers.

He is running against a tight deadline. Supreme Court justices need to act quickly if Riemers is to make it onto the ballot in November. It is finalized 64 days before the election. We reached out to the secretary of state's office, but they declined to comment before a ruling is made.