SIOUX FALLS, S.D. (AP) - A federal judge ruled Thursday against the South Dakota Libertarian Party in an attempt to add its Public Utilities Commission candidate to the November general election ballot.
U.S. District Judge Lawrence Piersol heard arguments and concluded Secretary of State Jason Gant followed state law last week in declaring Ryan Gaddy, of Sioux Falls, ineligible to run for the office because he didn’t change his party affiliation from Republican in time to be nominated at the Libertarian convention.
“It seems to the court Secretary Gant had no alternative other than to deny the application,” Piersol said.
He also deemed constitutional a state law requiring candidates to be members of the party that nominates them.
The ruling allows Gant to print ballots, which are required to be in county auditors’ offices by Sept. 17, two days before absentee voting starts.
“It’s unfortunate that his name won’t be on the ballot,” Gant said. “All he had to do was register to vote the day before and his name would have been on the ballot and South Dakotans would have had the opportunity to determine whether they wanted him as their next public utilities commissioner.”
Gaddy changed his party affiliation from Republican at the Libertarian convention, but the official paperwork wasn’t filed until later. That meant Gaddy was still a Republican at the time of his Libertarian nomination, a violation of state law, Gant argued.
Assistant Attorney General Richard Williams told Piersol that the law preserves party rights and is a minimal burden. Libertarian Party attorney Edward Welch argued it’s unconstitutional and that not putting Gaddy on the ballot infringes on his and the party’s rights.
“What happened today was a technicality loss. I still believe my First Amendment rights have been violated because I personally allied with the Libertarian platform on many levels of their planks,” Gaddy said after the hearing. “There’s no conflict of, ’Was I a Republican who was just marauding as a Libertarian for a day?’”
The three candidates for utilities commissioner will be incumbent Sioux Falls Republican Gary Hanson, Yankton Democrat David Allen and Constitution Party candidate Wayne Schmidt, of Mobridge.
The Libertarian lawsuit was the second this month challenging Gant’s candidate approval decisions. He lost a case filed by independent governor candidate Mike Myers asking Gant to let him change his running mate.
Please read our comment policy before commenting.