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"I'm very glad the court has decided this is how they want to do it, and we're happy to do it," Gant said after the ruling.
Piersol rejected an argument from the state that it was unfair to allow Myers to unilaterally pick his replacement when non independent gubernatorial candidates have to get the approval of their political party for replacements. He said the Legislature could set restrictions for independent candidate replacement, such as requiring them to get nominating petitions for the new choice. But Piersol didn't tell lawmakers what form those restrictions had to take.
But Judge Lawrence Piersol said that was likely an "oversight" and that not letting Myers replace his running mate would infringe on his rights and impose an "unequal burden" on non party candidates.
Judge orders Gant to add Lora Hubbel to LG ballot
In fact, Piersol reminded the two sides that before he became a judge he was the majority leader in the South Dakota Legislature when they revised the law in question in 1973. To the best of Piersol's recollection, "nobody thought about" the issue of independent candidates while revising the law at that time.
Piersol will issue a formal ruling in the New Balance 996 Suede future, but announced his preliminary ruling from the bench Monday. He said it was important to promptly let voters know the who the official candidates are and what they believe. New Balance 300 Revlite
Five Libertarian candidates certified for ballot
A federal judge on Monday ordered Secretary of State Jason Gant to print ballots listing Lora Hubbel's name as Myers' running mate. Gant had refused to do so, saying there's no state law allowing an independent candidate to be replaced.
Independent governor candidate Mike Myers with running mate Lora Hubbel.(Photo: David New Balance 996
Myers and Hubbel both said New Balance 998 J Crew Navy
Montgomery / Argus Leader)Voters will see gubernatorial candidate Mike Myers' pick for lieutenant governor on their ballot this fall, not his original choice who later withdrew.
Myers' original pick for running mate, Caitlin Collier, announced in June that she would step down due to family medical issues. Myers then tried to pick Hubbel, a former Republican state lawmaker who lost the Republican gubernatorial primary this spring, as a replacement.
But Gant initially determined that there was no law allowing him to let Myers replace Collier. Under his initial decision, Collier's name would have appeared on the ballot next to Myers'. Had Myers won, Collier could have resigned, allowing Myers to appoint a replacement lieutenant governor.
Myers was represented by Sioux Falls attorney Edward Welch, in Welch's first ever case. Welch was nervous early in his oral arguments but settled down as the hearing went on, and pumped his fist as he walked out of the courthose following the victory.
Gant said he wouldn't appeal Piersol's order and would immediately add Hubbel to the official candidate list. Ballots will be printed in early September.
they were pleased by the ruling.
"We felt our position was very strong from the beginning," Myers said.
Candidates nominated by political parties can be replaced by those parties if they withdraw by early August. But there's no such provision in state law for independent candidates.
Gant was represented by Richard Williams and Ann Mines of the South Dakota Attorney General's office. Though Gant said throughout the process that he had no strong feelings on the matter and just needed a judge's order to add Hubbel to the ballot, Williams and Mines made a vigorous defense which included several attempts to dismiss Myers' case outright.
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