Update #2: Over at Dakota Free Press, Cory Allen Heidelberger explains what these documents mean in Frankenstein Seeks Delay for Manhart’s Response; SOS Barnett Dodges with Erroneous Technicalities; Both Ignore Facts of Manhart’s Illegal Candidacy. [end update]
Update: A friend in Minnesota suggested that we remind non-South Dakotans that each state district elects two House members, as well as a state senator. Senate districts aren't divided into two House districts, as is the case in Minnesota and other states. [end update]
On Friday, we posted Just in from Aberdeen News: SD SOS claims court has no jurisdiction in Manhart case & more! From that post:
We've been following the curious case of South Dakota District 1 Republican state house candidate Logan Manhart since Dakota Free Press broke the story with its findings back on May 5.
Our most recent post was Media scrutiny of SD District 1 House Logan Manhart candidate integrity questions continue.
Elisa Sand reported at the Aberdeen News in June 13 hearing date set in Logan Manhart District 1 residency: lawsuit:
A June hearing date has been set to answer residency questions about a District 1 legislative candidate.
A civil lawsuit filed May 16 in Hughes County is challenging Logan Manhart's residency qualifications as a candidate for South Dakota Legislature. The lawsuit was filed against Manhart, the South Dakota Canvassing Board and Secretary of State Steve Barnett.
Manhart has asked for more time to compile his response. But a response has been filed by Barnett, and a hearing date has been set for 10:30 a.m. June 13 in Pierre before Judge Christina Klinger. . . .
About that response?
A response filed Wednesday by Barnett's attorney, Clifton E. Katz, claims the court lacks jurisdiction and the suit fails to state a claim for relief. The South Dakota Democratic Party also lacks standing, per the response.
A writ of prohibition essentially seeks court action to prohibit something, like disqualifying a candidate for office. Such a request is typically found at the end of the court document, but no such request is included in the lawsuit, according to Barnett's response, so a writ of probation cannot be issued.
The lack of jurisdiction argument is two-fold. First, per the claim, a writ of prohibition is only allowed when there is no other speedy, adequate remedy. And state election statutes provide that remedy, allowing petitions to be challenged within 10 days of being filed.
The response also argues that Manhart, as one of two Republican candidates for District 1, was automatically certified as a candidate and that, according to state law, the South Dakota Supreme Court has exclusive jurisdiction over primary contests for state office.
We contacted the Hughes County Court in order to obtain the new documents. Here's the response from the State Canvassing Board and South Dakota Secretary of State Steve Barnett (converted to a pdf from a TIFF we received from the clerk):
Response of State Canvassing Board & SD SOS Barnett uploaded by Sally Jo Sorensen on Scribd
And here's Manhart's Motion for Extension:
Logan Manhart's Motion for Extension of Time to Serve Response uploaded by Sally Jo Sorensen on Scribd:
South Dakotans might recognize Frankenstein's name from her work as Special Counsel in the South Dakota House's investigation into the impeachment of Attorney General Jason Ravnsborg. In mid-December, Dakota Free Press's Cory Allen Heidelberger reported in Gosch Picks Jackley Pal Frankenstein as Special Counsel for Ravnsborg Impeachment:
Apparently spurred out of his lethargy by Senator Lee Schoenbeck’s weekend excuse-popping, House Speaker Spencer Gosch finally picked a lawyer to help his special House committee investigate killer Jason Ravnsborg. Serving now as special counsel to the House Select Committee on Investigation for the impeachment of our Attorney General is Republican fixture Sara Frankenstein . . .
Frankenstein has carried Republican water before, trying to stop voters from voting on the 2016 initiative capping payday loans at 36% interest and trying to stop Indians from voting in general.
Frankenstein worked for Marty Jackley when he lawyered at Rapid City law firm Gunderson, Palmer, Nelson, and Ashmore. She endorsed Jackley for Governor in 2018. Jackley is now running to replace Ravnsborg as Attorney General on the 2022 ballot. . . .
Manhart has sworn to make Senate District 1, one of the last places in South Dakota represented in part by a Democrat in the state legislature, a Republican stronghold
We also wonder whether his own registration in two different states at the same time is what prompted him to participate in the non-insurrection part of the January 6, 2021. The Aberdeen news reported this nugget:
[Steve] McCleerey claims Manhart's Wisconsin voter registration in 2020 and 2021 and his participation in four elections during that time is a breach of South Dakota's residency requirements for legislative candidates.
State law requires candidates to live in South Dakota for two years prior to running for a state legislative position.
But Manhart also maintained his South Dakota voter registration at his Bath address during that time and has said his move to Wisconsin was to go to school.
As we've pointed out in Just in from Aberdeen News: SD SOS claims court has no jurisdiction in Manhart case & more!:
After working on President Trump’s Re-Election Campaign in 2020 in Wisconsin (Manhart campaign website), Manhart took a position as a field director in July 2021 with the Republican Party of Wisconsin. It's unclear whether he was hired before or after he finished his six-course certificate in leadership development and management at Chippewa Valley Technical College in Eau Claire, Wisconsin.
Goodness gracious.
Photo: Manhart in DC on January 6, 2021. Screengrab of photo montage via Manhart's Twitter account. Given that he himelf was registered to vote in two different states at the same time, we certainly can understand why he needed to travel to Washington to own the libs about election integrity.
Related posts:
- Dakota Free Press post: Manhart voted in Wisconsin in 2021, thus ineligible to run for South Dakota House in 2022
- Manhart candidate integrity questioned: docs from 32CIV22-92; McCleerey vs Barnett
- In SD District One, GOP candidate & operative doesn't want to talk to press about January 6
- Media scrutiny of SD District 1 House Logan Manhart candidate integrity questions continue
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