A Republican candidate for North Dakota’s state legislature who died of Covid-19 last month has won his election.

David Andahl, 55, died on October 5, but remained on the ballot and won 35.53% of the vote on Tuesday night.

The issue of what would happen to during the election had previously been addressed by North Dakota Attorney General Wayne Stenehjem, who said the “American” rule would apply, which states “where votes cast for the deceased candidate should be counted”.

“If a deceased candidate receives the majority of the votes, the candidate is elected,” Stenehjem said at the time.

“However, if the prevailing candidate has died, the candidate is no longer qualified and a vacancy will exist. State law provides the process to fill vacancies of a legislative office.”

Andahl’s mother, Pat Andahl, told The Bismarck Tribune that her son had been hospitalised with Covid-19 and died after being sick for about four days.

She said her son had been “very careful” about the pandemic and was passionate about the idea of serving in government, the Associated Press reported at the time.

“He had a lot of feelings for his county … and wanting to make things better, and his heart was in farming. He wanted things better for farmers and the coal industry,” she said.

Andahl and fellow candidate Dave Nehring won the Republicans endorsements and voters’ nominations to defeat one of North Dakota’s most powerful lawmakers, Republican Jeff Delzer, chairman of the House Appropriations Committee.

Nehring also won a seat with 40.72% of the vote.

Their two democratic rivals gained only 13.71% and 12.32%.