The Independent candidate for governor of South Dakota is suing to get his running mate replaced on the ballot. The lawsuit asks a federal judge to certify Mike Myers’ new pick for lieutenant governor on the ballot. Myers filed the paperwork Monday.
Independent gubernatorial candidate Mike Myers says not replacing his running mate on the ballot discriminates against Independents and violates his constitutional rights.
Myers first declared Democrat Caitlin Collier his running mate. When she withdrew from the race due to a family health challenge, Myers named Republican Lora Hubbel as replacement. But the Secretary of State says the law doesn’t allow that substitution. That’s why Myers is suing.
The Independent candidate says he wants an expedited hearing in district court so he can argue for an injunction to set current law aside.
"And ordering Secretary Gant to certify the nomination of Lora Hubbel as the lieutenant governor candidate on the Independent gubernatorial ticket for the 2014 general election valid," Myers says.
Myers says Independents should have the same rights as members of political parties, and he says he thinks a discussion with the Secretary of State could have resolved the problem without a lawsuit.
But Secretary of State Jason Gant says South Dakota law doesn’t give him the ability to make the switch for Independent candidates.
"My personal opinion is completely irrelevant because my only option is to follow what the law says - or, in this case, what the law doesn't say," Gant says.
Gant says the law does provide direction for members of political parties, but Independents are by definition outside of a political party, and state law doesn’t address replacing Independent candidates who withdraw before the August deadline.
Myers faces incumbent Republican Dennis Daugaard and Democrat Susan Wismer in the November election for governor of South Dakota.