Articles Posted in Election Law

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Prior to the 2016 general election, Theresa Maule Rossow filed a nominating petition to seek election as state’s attorney in Brule County and then Lyman County. Dedrich Koch filed a separate nominating petition seeking election as state’s attorney in Jerauld County and then Buffalo County. Competitors in the four counties brought separate lawsuits seeking to prevent Maule Rossow and Koch from running for state’s attorney in more than one county at a time. The circuit court in the Lyman and Buffalo Counties suits ruled that the candidates’ second filings were invalid for violating S.D. Codified Laws 12-6-3’s prohibition against dual candidacies. The Supreme Court consolidated Maule Rossow’s and Koch’s appeals and affirmed, holding (1) although the issue is now moot, the case falls under an exception to the mootness doctrine; and (2) section 12-6-3 prohibited Maule Rossow from seeking election as Lyman County state’s attorney and Koch from seeking election as Buffalo County state’s attorney. View "Larson v. Krebs" on Justia Law

Posted in: Election Law

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Then-State Representative Steve Hickey sponsored an initiated measure to be certified for the November 2016 general election that would, if adopted, impose a maximum finance charge against certain lenders for certain types of loans. On April 1, 2015, Hickey submitted a copy of the final version to Attorney General Marty Jackley. On May 27, 2015, Jackley filed the title and explanation that he drafted in regard to this measure with the Secretary of State. On June 5, 2015, Erin Ageton, an opponent of the measure, filed an application for a writ of certiorari, asserting that Jackley did not comply with his legal duties under S.D. Codified Laws 12-13-25.1 because his explanation failed to education the voters that the purpose and effect of the measure was to ban short-term lending in South Dakota. The circuit court denied the application for a writ. The Supreme Court affirmed, holding that the explanation was adequate under section 12-13-25.1. View "Ageton v. Jackley" on Justia Law

Posted in: Election Law

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Plaintiff, the former Jerauld County State's Attorney, brought a quo warranto action seeking to oust Defendant, the newly-elected State's Attorney, claiming Defendant did not qualify for and was not entitled to the office of Jerauld County State's Attorney. The circuit court denied relief, concluding that Defendant was the rightful holder of the office and was legally entitled to it. The Supreme Court affirmed, holding that because there was no evidence that Defendant usurped, intruded into, unlawfully held, or exercised the public office of Jerauld County State's Attorney, the circuit court correctly denied quo warranto relief. View "Bridgman v. Koch" on Justia Law

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Appellant submitted an application for a writ of mandamus asking the circuit court to compel Secretary of State Jason Gant to investigate the nominating petitions for Republic candidate Brian Gosh for the November 2012 election in Pennington County. The court dismissed Appellant’s application for failure to state a claim for which relief could be granted. Intervenors to the case moved to award attorney’s fees and to tax costs and disbursements against Appellant. Appellant, in the meantime, appealed the dismissal of her application. Subsequently, after a hearing, the circuit court granted the Intervenors’ motion. The Supreme Court affirmed the circuit court’s order, holding (1) the circuit court did not err in awarding the Intervenors attorney's fees after the hearing; (2) the court did not err when it held a hearing on the Intervenors’ motion for attorney’s fees and expenses while Appellant’s appeal on the underlying judgment on the merits was pending before the Court; and (3) Appellant was not entitled to relief on the Intervenors’ motion for attorney’s fees because Appellant failed to assert her issue with the circuit court when given the opportunity to do so. View "Strong v. Gant" on Justia Law

Posted in: Election Law