Life & Liberty Media sources tell me of a movement toward filing charges against Representative Brian Gosch (R-32) as a consequence of an alleged violation of South Dakota Notary laws.
The allegation is that Representative Gosch notarized his own candidate petitions in the most recent election cycle. On its face, it appears that Representative Gosch may be in violation of South Dakota law (SDCL 18–1-7).
§ 18–1–7. Notarial acts valid despite notary’s agency for party to transaction.
A notary public who is personally interested directly or indirectly, or as a stockholder, officer, agent, attorney, or employee of any person or party to any transaction concerning which he is exercising any function of his office as such notary public, may make any certificates, take any acknowledgments, administer any oaths or do any other official acts as such notary public with the same legal force and effect as if he had no such interest except that he cannot do any of such things in connection with any instrument which shows upon its face that he is a principal party thereto.
§ 18–1–12.2. Party to transaction as notary public prohibited.
It is a Class 1 misdemeanor for a person to affix a signature to a document as a notary public when the person has also signed the document as a party to the transaction proceeding.
Representative Gosch is a practicing attorney in Rapid City and was a part of the South Dakota House leadership in the embattled 2012 legislative session. You may recall that in the 2012 legislative session, the GOP House Leadership capriciously tossed two Conservative legislators out of the House GOP Caucus. Representative Gosch served as the President Pro-Tempore of the House and told me as early as January 2012 that he expects to be Speaker of the House in 2013.
If true, and Representative Gosch is cited, it could result in his removal from the November general election ballot or at minimum may adversely affect his possible election as Speaker of the House.
Life & Liberty Media is making every effort to fact check the allegations and the circumstances surrounding this story and we will provide them to you sooner rather than later. Check with us here frequently for updates on this developing story.
***Ed Randazzo, is a nationally syndicated author. He has been a conservative activist and consultant for over 30 years and is currently the Chief News Editor of Life and Liberty Media and Co-Producer of Liberty Today, a weekly television program seen on cable systems in most of South Dakota***