Local businesswoman and former Republican U.S. House Candidate Stephanie Strong, says District 32 Representative Brian Gosch, also a Republican, should not be on the November general election ballot. In fact, she's filed a lawsuit against South Dakota Secretary of State Jason Gant.
Strong claims Gant unlawfully accepted Gosch's nominating petitions, which put him in the running for a third term in the legislature. Representative Gosch says the case has absolutely no merit.
Strong says Gosch notarized his own petitions, which is illegal. Gosch, however, says Strong's claims are misleading. His attorney, Sarah Frankenstein, says he only notarized the circulator's signature, which she says is legal. "He didn't attest to the signatures here because he's not the circulator," Frankenstein said.
Gosch says by notarizing the circulator's signature he basically acknowledged that she is who she says she is. "He did just what notaries are asked to do and did nothing wrong under the notary statutes," Frankenstein said.
Strong disagrees, she cites statute 18-1-7: which states that notaries who are a "party to" an action are barred from putting their stamp on it. Frankenstein says that's not the case. "There's a statute on the books that allows attorneys who are directly interested in a document to notarize a document," she said. In addition, Frankenstein says any objections to possible technicalities on a nominating ballot must be pointed out within five days of being turned in.
Gosch says even if there was a technicality it all comes down to Statute 12-6-64 which states that: the real will of the voters may not be defeated by a mere technicality. "In the end what the court determines is whether or not the voters of his district wanted his name on the ballot, and I think that's clearly not in dispute," Frankenstein said.
Strong's lawsuit sends another message, and despite the fact that early voting begins Friday, she still intends to pursue it.
Secretary Gant says the Attorney General's office is reviewing the case. Marty Jackley's office recently filed a motion to transfer the case. They say Strong should have filed the lawsuit in Hughes County where Gant lives and works.
Unless the case is transferred, Gant will appear in front of Judge Robert Mandel October 3rd to explain his reasons for okaying Gosch's nominating petitions.
