Dave Kranz: A bump in the road for Dennis Schmidt

By -
I missed this a couple of days ago. In the Argus Leader, Dave Kranz reported that Dennis Schmidt, who unseated Republican Senator J.P. Duniphan, has more problems with his candidacy than getting through the November race:
Republican Dennis Schmidt defeated incumbent Sen. J.P. Duniphan in the Republican primary and is on the ballot now being printed to run against Democrat Dennis Finch.

Secretary of State Chris Nelson says Schmidt's filings with the Secretary of State's office are all in order. He says they do not check back with the auditor's office to match things up with how the person was registered.

"But from what I have been told, records in the Pennington County Auditor's Office had him listed as an independent in January," Nelson said.

The problem is that the Pennington County Auditor's Office had Schmidt listed as an independent when he signed his declaration of candidacy, but then it was changed to Republican. It is not clear where this issue is headed. Maybe to court?
Read it all here.

As I understand, the original registration as an independent took place years and years ago. I think the question I'd ask is if he filled out the petition form himself, or if he did it at the courthouse. And if it was at the courthouse, did they check?

Regardless, this creates a mess for what had been a slam-dunk seat for Republicans.

Comments

Anonymous said…
I don't know the law, but it seems that his declaration of candidacy probably included an affirmation that he was a registered Republican. If that was not the case, the declaration may be invalid. I don't know if he would merely be removed from the ballot, or if he would be replaced by Duniphan. Very interesting - and obviously a mess, with early voting now having beginning
9:50 PM
Anonymous said…
Sounds like the Flandreau Santee Tribal Elections. They don't know how to certify canadites either. When Incumbent President Mark Allen got beat. He found a flaw in the law and the tribal court appointed him King I mean President for another 4 years.
10:31 PM
Anonymous said…
Several years ago in District 10, the Democratic candidates were removed from the ballot because the notary who attested to their petitions used an unapproved seal. The signatures were valid, the notary was approved, everything was done timely, but the notary made a mistake and they were off the ballot.

This is a case where Dennis Schmidt actually signed the following statement under oath:

"I, Dennis Schmidt, under oath, declare that I am eligible to seek the office for which I am a candidate, that I am registered to vote as a member of the Republican party, and that if I am a legislative candidate I reside in the district from which I am a candidate. If nominated and elected, I will qualify and serve in that office."

If Schmidt was not a Republican at the time he signed the oath, not only are his petitions invalid, but he can be charged with perjury for making a false statement under oath. Most likely he won't be charged with a crime, but he will be removed from the ballot.

Duniphan will not be added to the ballot if Schmidt is removed. The SD Supreme Court has long held that her opportunity to challenge Schmidt's credentials was before the primary election.

The Republicans will not be allowed to add anyone else to the ballot to replace Schmidt. The deadline for substituting candidates was in August. Ballots will have to be reprinted without the name of any Republican candidate - as there is none.
9:41 AM
Post a Comment

Popular posts from this blog

A note from Benedict Ar... Sorry. A note from Stan Adelstein why he thinks you should vote Democrat this year.

By -
Image
(Click on letter to enlarge) And while it may not be printed at taxpayer expense, I don't see a disclaimer, either. When they hold the special session (supposedly at the end of November) , since he's left them already, I think his colleagues should expel him from the caucus. Sure. At that point it's only going to be symbolic. But since he's already said he's running again in the near future, sometimes symbolism is enough.
Read more

Corson County information on Klaudt Rape Charges

By -
Here's some of the information on the Corson County Charges: COUNT I That on or about December of 2005, in the County of Corson, State of South Dakota, Ted Alvin Klaudt did commit the public offense of SECOND DEGREE RAPE (SDCL 22-22-1(2)) in that he did accomplish an act of sexual penetration with his foster daughter, A.M., through the use of force or coercion; and as to COUNT II That on or about July or August of 2006, in the County of Corson, State of South Dakota, Ted Alvin Klaudt did commit the public offense of SECOND DEGREE RAPE (SDCL 22-22-1(2)) in that he did accomplish an act of sexual penetration with his foster daughter, A.M., through the use of force or coercion; and as to COUNT III That on or about July or August of 2006, in the County of Corson, State of South Dakota, Ted Alvin Klaudt did commit the public offense of SECOND DEGREE RAPE (SDCL 22-22-1(2)) in that he did accomplish an act of sexual penetration, separate and distinct from the act alleged in Count II, with...
Read more

It's about health, not potential promiscuity.

By -
As the only South Dakota blogger out with 5 daughters, I feel I need to weigh in on the whole discussion that's occurring with regards to the HPV vaccine, and Governor Rounds' proposal to make it available. My family (including my three oldest girls) watched my mom, their grandmother, succumb slowly and painfully to cancer which spread throughout her body. If a similar fate from a different type of cancer was preventable through a simple shot, why wouldn't anyone advocate for it? At the age most of my kids are going to be getting it, they're still playing with barbies, and negative influences such as most of the programming on MTV, and other assorted trashy television is verboten in my house. All they're going to know about this vaccination is that it's a shot, just like for teatnus or measles. They'll go "Ow, I don't want a shot," and that will be it. Just another mark on their vaccination record. One check box for DPT, one for HPV, and so on...
Read more