Here’s one that hasn’t seen the light of day. Under cover of darkness, it looks like Independent Candidate for Governor Mike Myers very quietly had his running mate for Lt. Governor, Caitlin Collier, bail out from being on the ticket with him, filing the below document with the Secretary of State.
Having a Lt. Governor candidate is a specific requirement of independent candidates for Governor. However, there’s a wee bit of a wrinkle in all of this.
If you note, in the document, Collier expressly requests that her name not appear on the ballot. SDCL 12-7-1 Provides the following provisions for an independent candidate to be placed on the ballot:
12-7-1. Certificate required for nomination–Number of signatures–Certification of candidate for lieutenant governor or vice president.
…. An independent candidate for Governor shall certify the candidate’s selection for lieutenant governor to the secretary of state prior to circulation of the candidate’s nominating petition. The candidate and the candidate’s selection for lieutenant governor or vice president shall sign the certification before it is filed. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the forms for the certificate of nomination and the certification for lieutenant governor.
That’s for putting an indy on the ballot. But pulling them off? That’s a bit more complicated.
There is a section in law which provides for the withdrawal of a nominee, specifically SDCL 12-6-55. However that chapter is under primary elections, and the replacement of someone on the ballot is a political party affair within the guidelines of the law.
But under the portion of the law addressing independent candidacies, there would not appear to be any corresponding statutes under the chapter for yanking the nomination of independent candidates at any level. (You would think that a couple of attorneys, Myers and Collier, might have caught this one.)
So will she or won’t she be on the ballot? That’s today’s question. And at the moment, it looks like she’s stuck.