D20 GOP House replacement hopeful is wood artist residing 125 miles away in Brookings

Independent reports this past weekend indicate that we have a slate set in the contest to replace State Representative Ben Krohmer on the Republican ballot in the District 20 House race. Mitchell small businessman/CEO of Mitchell Area Development Corporation Mike Lauritsen is going to be battling it out with Brookings resident and custom wood artist Kaley Nolz in campaigning for the seat at the meeting tonight at the Mitchell Public Library.

Brookings resident? Isn’t this for a seat representing District 20 which includes Mitchell?

Well, yes, but..  Here’s where we go down the rabbit hole a bit.

According to live voter data from the Secretary of State’s website, Nolz is registered to vote at 24519 412TH AVE, MITCHELL. Which from a review of other voter file information appears to be the voting address of this 27-28 year old’s parents.

But, when you do an internet search to try to to find out who this candidate hopeful is, as detailed on the website for her parent’s ranch, Mom & Dad note helpfully point out that Kaley Nolz lives in Brookings, SD.

If mom and dad say she lives here, I have no reason to dispute that.  And public records would further bear out the truth of that statement.

According to public records from Brookings County, Nolz appears to maintain a home on 7th Street. Across the street from the SDSU Campus:

 

Looking at the property info, that’s the same property class code I have on my own home a couple of miles south. Which is coded to indicate that it is owner occupied.

So, if Nolz appears to be saying that her Brookings home is owner occupied, and mom & dad say she lives in Brookings, then I think we can safely call her a Brookings resident. Which brings up a couple of housekeeping items regarding her candidacy.

According to South Dakota codified law,

12-1-4. Criteria for determining voting residence.

For the purposes of this title, the term, residence, means the place in which a person is domiciled as shown by an actual fixed permanent dwelling, establishment, or any other abode to which the person returns after a period of absence.

A person who leaves the residence and goes into another county of this state or another state or territory for a temporary purpose has not changed residence.

A person is considered to have gained residence in any county or municipality of this state in which the person actually lives, if the person has no present intention of leaving.

I wonder what Leah Anderson would say about Nolz’s voting residence and her eligibility? Since with her parents posting that she lives in Brookings, and Nolz herself declaring that her owner occupied “actual fixed permanent dwelling” is there, that’s kind of a no-brainer. She lives and resides in Brookings.

Despite her running for office in Mitchell.

But, just in time, the South Dakota Constitution would provide her an out, as she can run from another district within the state, as long as she establishes a permanent residence within the district she wants to represent by the time she might take the oath of office.

3. Qualifications for legislative office–Officers ineligible.

     No person is eligible for the office of representative who is not a qualified elector in the district from which such person is chosen, and a citizen of the United States, and who has not been a resident of the state for two years next preceding election, and who has not attained the age of twenty-one years.

It’s a lot to remember, but Nolz has got that going for her. If she would want to run, and actually be seated by the House of Representatives, she’d just have to clear up those details and establish a residence that’s actually in District 20 by the time she’s sworn in.

Lots of questions to be answered before D20 GOP officers make their pick for who is running to represent them tonight.

Stay tuned for tonight’s candidate replacement election in Mitchell tonight for District 20.