Breaking… Writ of Prohibition granted against placing Constitution Party candidates on Ballot

I’m hearing reports this afternoon that a Writ of Prohibition was granted against the Secretary of State in placing either faction of the Constitution Party candidates on the ballot and the judge was unable to determine who the actual chair of the party was.

(That might be a problem they want to fix before the next election.)

Also, neither the Lora Hubbel faction, or the Terry LaFleur faction met the 60 day from primary requirement in the CP bylaws. So, if you aren’t following your own bylaws, that might be a problem. And the word is that the Judge says that no Party can have 2 competing conventions.

In a statement issued by South Dakota Republican Party Chairman Dan Lederman:

This afternoon, a hearing was held regarding the South Dakota Republican Party’s request for a writ of prohibition against the Secretary of State’s certification of anyone from the Constitution Party for the November ballot because of the party’s internal fight over whether one or neither of two factions’ claims to the party chairmanship is legitimate, as well as other issues.

“I’m pleased that after examining the evidence, the Judge concurred with the Republican party’s position that the people vying to be nominated under the Constitution Party banner lacked standing to do so,” Republican Party Chairman Dan Lederman noted after the outcome of the hearing.

“We brought the action to prevent the placement of those claiming to be candidates on the ballot because laws matter. And in a civilized society, you don’t just get to say that you’re a candidate without following state law. And that includes the Constitution party”

Read that here.

Update! Terry LaFleur responds to being handed his hat in court:

Just remember. Dr Terry LaFleur is “a lawyer but not an attorney.”

And he just lost. On every count.

33 Replies to “Breaking… Writ of Prohibition granted against placing Constitution Party candidates on Ballot”

  1. Bryan Reyelts

    “We brought the action to prevent the placement of those claiming to be candidates on the ballot because laws matter. And in a civilized society, you don’t just get to say that you’re a candidate without following state law. And that includes the Constitution party”

    What a difference 48 hours makes…

    Reply
        1. Anonymous

          What’s it about then? Just harassment for its own sake?

          As Leo Kallis noted two weeks ago, some Republicans apparently fear the loss of socially conservative voters who might find the Constitution Party appealing more than they fear looking like a high school bully kicking a kindergartner.

          Reply
  2. Anonymous

    More than 12,600 South Dakota voters supported the Constitution Party candidate for public utilities commissioner in 2014, but this is the second election cycle in a row in which a judge has denied ballot access to the party’s nominees. Federal district judge Karen Schreier did so in 2016, based on Republican-passed state laws that were found to be unconstitutional later in the same lawsuit.

    Barring an appeal, the Constitution Party officially ceases to exist in South Dakota.

    The secretary of state’s office had no filing pursuant to SDCL 12-5-14 by which it could have recognized Lori Stacey as the legal state chair, but Dan Lederman can deprive South Dakotans of an entire party because his party has more money to spend on lawyers.

    Reply
    1. Anonymous

      Nonsense, the judge threw it back to them, to clean up their pwn mess. The judge shouldn’t have to decide who the chair is, or who the candidates are, that’s for the party to figure out for themselves. And since they can’t figure it out, they destroyed their party all by themselves.

      Reply
      1. Anonymous

        If the judge won’t base her ruling on the most recent filing pursuant to SDCL 12-5-14, and if she can’t tell the difference between the five loons in the LaFleur-Stacey faction and the rest of the party, what exactly is the rest of the party supposed to do about it?

        Reply
      2. CA Escapee

        AGREE WHOLEHEARTEDLY! Clean up your act Constitutionalists and THEN maybe will more people consider joining you!

        Reply
        1. Anonymous

          How is it the original party’s fault? According to my understanding someone just walked in and claimed to be the chair even though they already had one.
          So what would be the Constitution party’s course of action then?
          Let’s say you own a business and someone comes along and says “I own this business I just filed paper work with the S.O.S.” Naturally it then goes to court and the judge says “neither of you own the business and the business is now closed until further notice”
          Is that fair?
          I hope everyone realizes the outcome of this court case opens up that possibility up now.
          Also what happens if I file paperwork with the S.O.S. and claim I’m the new chair of the Republican party…?
          No one thought this through very well did they?

          Reply
          1. Anonymous

            I’ve been involved with the Constitution Party off-and-on since 1996, when I served as a voting South Dakota delegate to its national convention in California and helped to put together the national party platform. I was also a delegate to the 2016 state convention in Sioux Falls that elected Joel Bergan as vice-chair, and I’d never even heard of the LaFleur-Stacey faction’s supposed “state chair” Micheal Gunn and “candidate for governor” Terry LaFleur.

            If Lori Stacey had legally leapfrogged over Bergan from state secretary to state chair in February of 2017, then both the meeting minutes and the submission of the appropriate filing pursuant to SDCL 12-5-14 would have been her responsibility.

            The secretary of state’s office has indicated that it had no filing pursuant to SDCL 12-5-14 by which it could have recognized Lori Stacey as the legal state chair. If Judge DeVaney had no other facts upon which to base a ruling regarding the legitimacy of the LaFleur-Stacey faction, it seems to me that she should have ruled based on that one.

            Reply
            1. CP

              It seems Kurt, that you have your evidence confused and listen only to your own song. Facts were presented at the hearing and the Judge refused to make a decision on evidence shown. To date neither faction is considered the legit party and to that end. The whole hearing is a farce. Before you speak you should search the SOS site first,,, that may open some distinct conflict on your comment.

              Reply
              1. Anonymous

                I’d searched the secretary of state’s website before I commented, Lori, and everything I found there is fully compatible with my statements above.

                Reply
    2. Anonymous

      The Constitution Party has only 489 registered voters, up from 470 on June 5, 2018. Which suggests that 19 former Republicans jumped ship right after the primary (can’t imagine Democrats doing that) with the intention of hijacking the CP. Why else would they go to the trouble of changing their registrations? How many of them showed up for either convention? Sounds like one group had less than 30. If the absent 450 or so didn’t bother to show up, they abrogated their rights and responsibilities, and will just have to live with the mess which their own negligence created.

      Reply
      1. Anonymous

        Yes, the only possible explanation for an increase in Constitution Party membership is Republicans with the intention of hijacking it. Get over yourself.

        If 30 people show up for the Constitution Party convention, that’s one for every 16.3 party members statewide. For the Republican convention the same ratio is around one out of 400.

        But lets play your game. What about the people who DID show up for the Constitution Party convention? Do they have any rights? And what about the quarter of a million Republicans who didn’t show up for the GOP convention? Do they deserve to be deprived of their party too?

        Reply
  3. Anonymous

    So whatsupdoc couldn’t pass the bar exam and your seems to blame the resting, but please call him “Dr. LaFleur “? I passed my first attempt. Seems Doc followed in the footsteps of Presskwr, another goofball.

    Reply
    1. Anonymous

      They changed the bar from when you took it if you have been licensed for awhile. I believe LaFleur took the old exam as well, which was much easier to pass.

      Reply
  4. Troy Jones

    I agee with 7:45:

    If those 12,600 defer to these idiots, they get what they deserve. There was ample notification for them to show up at both conventions and nominate the same people. Problem solved. Instead, they stayed home.

    As George Mickelson always said: Decisions are made by those who show up. In this case, the idiots showed up and idiocy occurred. Its crazy to expect anything else.

    Reply
    1. Anonymous

      The LaFleur-Stacey faction scheduled its convention at the Governor’s Inn to run simultaneously with the mainstream convention at the Ramkota, which for the record was a smooth, orderly, disruption-free event. If it had been possible for those at the mainstream convention to attend the LaFleur-Stacey convention, the members of that faction likely would have instigated the same kind of near chaos they did on July 14.

      The secretary of state’s office has indicated that it had no filing pursuant to SDCL 12-5-14 by which it could have recognized Lori Stacey as the legal state chair. Why would anyone want to legitimize the LaFleur-Stacey faction by showing up at its convention?

      Reply
  5. grudznick

    I believe Dr. Terry is close to insaner than Ms. Hubbel, but not quite. In fact, it is her insanerness that leads her to whup him over and over again. That, and the fact she plays her womanly wiles against him in the courts.

    Reply
  6. Anonymous

    They changed the bar from when you took it if you have been licensed for awhile. I believe LaFleur took the old exam as well, which was much easier to pass.

    Reply
  7. grudznick

    grudznick held a 3rd Constitutional Party Convention, at Talley’s, and it was rightfully notified with fliers in the restroom and circulated by handbill. At this Convention, grudznick was named the Constitutional Party Candidate, even though I am a registered Republican and a past president of the Conservatives with Common Sense. At this convention it was decided this was OK.

    So, Ms. Krebs and her rules be damned, write in “grudznick” on your ballots.

    Reply
  8. Lee Schoenbeck

    As an aside, I think I have a man crush on grudznik’s humor. It’s time for this looney tune thing to move on and let serious voters make important decisions. Dr Schoenbeck
    Ps until all of This I never thought to refer to my JD as Dr. Hope I don’t get stuck with weekend call now

    Reply
      1. Anonymous

        My dream is to someday be able to do “serious” and “important” things like Lee Schoenbeck does. Alas, I am but a mortal.

        In a way I actually admire Schoenbeck. I mean, anyone can be arrogant anonymously, but he totally owns it.

        Reply
  9. Anonymous

    These people are morons but…. Russell gets to say will of the people but these clowns get rejected?

    Are judges just making stuff up now?

    Reply

Leave a Reply

Your email address will not be published.