As noted on Friday last, a group has been contemplating a legal challenge to the validity of the candidate petitions submitted to the South Dakota Secretary of State by Brian Gosch (R-32).
It appears that Representative Gosch notarized his own candidate petitions in the most recent election cycle and is 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.
Legal counsel has advised that there is a strong probability that such an action would prevail.
Supported by this opinion, it appears that this challenge will move forward.
The funds required to execute this legal action is $2500. Only 25 people are needed to contribute $100 to move forward in this action.
If you are interested in contributing $100 dollars, or any amount to this effort, email me at lifelibertygroup@gmail or call me at 605-431-9715 for details on how to make a contribution.