Lucas v. Ringsrud

Citations

• 3 S.D. 355
• 53 N.W. 426
• 1892 S.D. LEXIS 81

Syllabus

<p>1. An act of the South Dakota legislature, approved March 5, 1891, provides for the printing of ballots containing the names of those whose nominations are certified as required. This certificate is to be filed 30 days before election, and must state the ñames of the candidates, their business, residences, and business addresses, and the offices for which they are nominated, and, if the nominations are made by a convention, it must designate the party represented, and be signed by the chairman and secretary of such convention, who must append to their signatures their business, business addresses, and residences. In case a convention has given power to fill vacancies to a committee, it must file a certificate stating the cause of the vacancy, the name of the person nominated, and the one whose place he takes, together with such other facts as are required in the original certificate.</p> <p>2. An original certificate purporting to state nominations made by a party convention, without giving the business, residences, or business addresses of the candidates, and signed by the chairman and secretary of the convention, without the addition of their residences and business addresses, failed to comply wilh the law, and when presented was properly rejected by the secretary of state.</p> <p>3. A certificate purporting to fill a vacancy in a nomination presented for filing less than 30 days before an election, stating neither the cause of the vacancy, whether by resignation, declination, or death, in the original nomination, nor the authority to fill it, nor giving the name of the one whose place is to be filled, is a failure to comply with the provisions of the act, and the certificate should not be filed, nor the nominee thus designated be printed on the bailots.</p> <p>4. When no certificate of original nomination has been filed in the office of the secretary of state, there can be no substitution of names, because the secretary of state has nothing in his office showi