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Brief: Circulating Petitions, Witnessing Signatures, Committing Perjury

Last updated on 2014.05.16

May it please the court of public opinion:

1. Petition circulators swear the following oath:

I, under oath, state that I circulated the above petition, that each signer personally signed this petition in my presence, and that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration [emphasis mine; SDAR 05:02:08:00.03].

2. Annette Bosworth circulated a petition.

3. Bosworth swore the above oath on five petition sheets that include signatures dated between January 5 and January 15, 2014.

4. Between January 5 and January 15, 2014, Bosworth was out of the country on a medical mission trip to the Philippines.

5. The individuals listed as signing the petition sheets Bosworth circulated between January 5 and January 15, 2014, were not all in the Philippines.

6. Those individuals could not have signed this petition in Bosworth's presence.

7. "That's obviously a no-no," says Secretary of State Jason Gant.

8. That's perjury, says SDCL 22-29-1:

Any person who, having taken an oath to testify, declare, depose, or certify truly, before any competent tribunal, officer, or person, in any state or federal proceeding or action in which such an oath may by law be administered, states, intentionally and contrary to the oath, any material matter which the person knows to be false, is guilty of perjury [SDCL 22-29-1].

9. That's a Class 6 felony, says SDCL 22-29-5.

10. SDCL 12-4-18 removes felons from the voter registration rolls while they serve their sentences.

11. If sentenced for perjury for violating her circulator's oath, Annette Bosworth would not be a registered Republican. If her sentence ran through Election Day, she would not be able to vote for herself... but interestingly, felons can campaign for and serve in the United States Senate.

35 Comments

  1. Dave Baumeister 2014.04.03

    This is what I posted on the KELO site regarding their very bad story http://www.keloland.com/newsdetail.cfm/challenge-prompts-review-of-bosworths-senate-petitions/?id=162512&fb_action_ids=10203299720590896&fb_action_types=og.comments:
    "First: This story is simply bad journalism. How can KELO let someone insult another person ("He's got an ax to grind against Dr. Bosworth, no surprise he would try to do something like this. At the same time, we're not concerned," Joel Arends, Bosworth's Attorney, said.), and then not contact the person being insulted (Mr. Heidelberger) to comment. Second: What is said "ax" Arends refers to? When Bosworth was running afoul of the state medical board, Heidelberger wrote positive things about her. Third: Again, where is that ax? As a Democrat and friend of Rick Weiland, if he wanted to help that candidate, Heidelberger would want the most divisive Republican primary as possible; in fact, with everything that has come out about her, he should be rooting for Bosworth to win the primary, thus making Weiland's election almost certain. Fourth: So, it seems, regardless of the candidate, Cory Heidelberger respects the democratic process. These petitions were, no doubt, looked at because of the long list of abuses Heidelberger has documented regarding Bosworth's campaign. I find his affidavit to be very compelling, as should anyone interested in campaign ethics. Bosworth may still have the 1,900 signatures to get on the ballot, but there is absolutely no doubt many of them should be disqualified, and, possibly, illegal things were done to collect many of those signatures. THAT should have been the focus of KELO's story. Check out the full affidavit: http://madvilletimes.com/2014/04/bosworth-petition-challenged-40-invalid-signatures-281-shy-of-required-1955. As a former newspaper publisher, I would have loved having someone on my staff who could produce the level of work I have seen from Heidelberger. Yes, he can be a little too political for my tastes at times (the nature of blogging), but this isn't one of those times. This is investigative journalism at its best."
    I think all regular readers of The Times, despite their political leanings, would agree.

  2. Roger Cornelius 2014.04.03

    Cory,

    Is there a specific time in which Gant and SOS has to respond to your challenge?

  3. mike from iowa 2014.04.03

    Sounds like Gant has the appropriate sandbox language inplace that Bosworth can relate to. No No!

  4. DeeJay Beejr 2014.04.03

    Yeah, who was it who made the "No-No N-annette" comment? I've lost track with all of the comments out there about the petitions.

  5. jaa dee 2014.04.03

    I am no fan of Bosworth, but I believe the-- "I, under oath, state that I circulated the above petition, that each signer personally signed this petition in my presence,"--applies to the person circulating a petition no behalf of the candidate, not necessarily to the candidate.

  6. Lanny V Stricherz 2014.04.03

    jaa deem that is exactly the point. The petitions in question, she has signed as the circulator, even though she was out of the country, on the dates that the folks signed the petition.

  7. Nick Nemec 2014.04.03

    jaa dee, on the sheets in question either Annette Bosworth or her husband were the ones who took the oath as circulators.

  8. Disgusted Dakotan 2014.04.03

    According to establishment Corrupt political machine "Republicans" That oath doesn't mean anything unless they want to go after Democrats or their arch-enemies Conservative Republicans.

  9. grudznick 2014.04.03

    The Judge of Public Opinion says "NO!".

    Leave the pretty young lady alone to entertain us, Mr. H. You're a mean one, sir.

  10. Donald Pay 2014.04.03

    Cory, it was a miracle!!! Have you no faith? Haven't you learned from Don Kopp that "these are the END TIMES" and that some flakes are going to believe that the BOZ created a warp in space and time, and She became two, four, many BOZworths. So, no, no, I mean, yes, yes, yes She can be in two places at once. It's in Revelations.

  11. grudznick 2014.04.03

    Mr. Pay. Are you a Pankratz man, or a Haber man?

  12. Les 2014.04.03

    "" felons can campaign for and serve in the United States Senate."""
    .
    And that surprises anyone?

  13. Sanityseaker 2014.04.03

    Heidelberger, what is it that you have against women running for public office? Are you pissed at your mommy for giving you up to foster homes all your life? Your attacks on Ms. Bosworth are unfounded and wrong. How can anyone believe the "crap" you post when you haven't researched anything jump to conclusions and base all of your blogs on hearsay. Last time I checked people in the United States of America are innocent until "Proven" guilty. Annette Bosworth is a good hearted, good intentioned, honest women that happens to be very intelligent to boot. This must threaten you?
    I feel that you are doing a disservice to this country and the great people of South Dakota through your bashing. And anyone that supports your blog through donations or advertising is equally guilty. For those of you who claim to be Christians remember the commandment, "thou shalt not bear false witness against thy neighbor". And the scripture that reads: " Do not cause your brother or sister in Christ to dash their foot against a stone or thou shall be held accountable as well".
    It's a shame that in today's day and age politics has gotten so evil that bloggers like you are willing to ruin peoples good reputations and damage their lives without substantial proof of their guilt.

  14. Roger Cornelius 2014.04.03

    Sanity,

    Are you deliberately obtuse or just obtuse?

  15. Sam 2 2014.04.03

    All this challenge will do of successful will given Mike Rounds a easy victory in November. The Boz could weaken Rounds in a primary battle. Cory what did the Boz do to you ? This appears to be a personal vendita.

  16. Roger Cornelius 2014.04.03

    Oh oh!

    Bosworth trolls are attempting to infest Madville Times.

  17. caheidelberger Post author | 2014.04.03

    Not a thing, Sam. You are misreading appearances. The "ax to grind" comment from Bosworth's lawyer is a classic Bosworth-Haber tactic: throw up distractions, get people talking about anything other than the issue at hand.

    Bosworth swore an oath when she circulated her own petitions. She violated that oath. State law says that's perjury. Sam, others, do my motivations have anything to do with those facts?

  18. caheidelberger Post author | 2014.04.03

    Roger, statute sets no timeframe for a response to a petition, other than the requirement that ballots be printed and in the hands of county auditors for early voting by April 16. Sec. Gant did tell KELO he expects to decide on the challenge by tomorrow.

  19. caheidelberger Post author | 2014.04.03

    "Sanity" (and you apparently use the term lightly), did you notice the hyperlinks to evidence in the original post? That's what some people call proof. Point to one false or baseless accusation that I have made. Point to one story about Bosworth that I have manufactured.

  20. caheidelberger Post author | 2014.04.03

    Dave, to have a newspaperman like you vouch for my writing means a lot. Thank you. I guess I write better when I haven't had enough sleep, there's a huge deadline looming, and lots of people are counting on me. No pressure. :-)

  21. Cory I love this project! 2014.04.03

    Cory, How about someone contacting some of the people that signed during the Phillipines dates and see if Bosworth or Haber were the circulators and when.

    If the people say Yes something is amiss with the trip

    If the people say NO, gotcha you lied.

    Just another avenue to look at.

  22. caheidelberger Post author | 2014.04.03

    And Sam, are you saying that if I have evidence that Bosworth is committing crimes, I should be quiet and let her serve my partisan political interests?

  23. daleb 2014.04.03

    Annette Haber did this to herself, this isn't there first rodeo. Its interesting that you talk about religion because up till Annette Haber planned on running for the senate she was not a member of a church and claimed in a newspaper article that she was non-religious. If by some bizarre string of events Annette Haber did become our next US Senator she would fit in very well with the other sleezeballs that bandy about.

  24. DeeJay Beejr 2014.04.04

    I suspect Sanity Seeker is the insane and inane Chad Haber on a borrowed laptop. Sam 2 probably is, too.The guy is too much of a narcissist to let all of this go without comment, and there is no way he can comment on this intelligently, since he already knows for a fact how many ways he broke the law.

  25. CD 2014.04.04

    Dear Sanity,

    I can vouch to many instances of her terrible behavior and not a single one is hearsay. Can you vouch for a single good deed she has done that didn't have hidden agendas of some sort?
    I didn't think so.

  26. caheidelberger Post author | 2014.04.04

    DB, I'll vouch for Sam as not being Chad. I can't vouch for the other commenter, since that commenter has not checked his/her e-mail and replied to me.

  27. mike from iowa 2014.04.04

    Take that,Cory!It is your fault that Bosworth doesn't refund or pay out her raffles. You made her not pay her employees. You forced her to sign petitions under oath when she was overseas. You,sir,are a brute. Keep on keeping on.

  28. caheidelberger Post author | 2014.04.04

    See, Mike, that's what I'm talking about. False circulator's oath, raffle scam, stiffed employees—Bosworth doesn't want us to talk about those issues. Her followers can't talk about those issues. They thus must blow smoke.

    Say whatever you want about me: it won't change the truth of what I've said about fake U.S. Senate candidate Annette Bosworth.

  29. Lanny V Stricherz 2014.04.04

    Annette Bosworth? Are you sure that is her name? There was no record of anyone by that name on the voter files, when you searched the files on another thread. So let's see if I understand this correctly. One must provide a voter ID to vote. That voter ID must be current, with all name changes verified by presenting birth certificates, and if your are a woman, marriage licenses divorce decrees etc all with the raised seal of the State of South Dakota purchased at your local county courthouse at $15 a pop (when other states charge 50 cents or so). But if you are a candidate for office, you don't even have to file your petitions on your correct name? Really????

  30. Lanny V Stricherz 2014.04.04

    I meant, "you're a woman"

  31. Disgusted Dakotan 2014.04.04

    Rumor is that she was called to Pierre today to talk with the SOS. That is not a good sign for Annette Bosworth. SOS working further on it tomorrow and will have a response on the matter then. I don't think even Jason Gant can look the other way on the perjury.

  32. Bob Newland 2014.04.04

    Take a look at Bosworth's website. Scroll to her "daily devotional," posted today. This woman is a fruitcake.

  33. caheidelberger Post author | 2014.04.04

    Called to Pierre? Seriously? Anyone have evidence? Photos of Bos entering the Capitol?

  34. Les 2014.04.05

    She's nuts and the sad part, a good many folks are running around with no idea of who she is, hoping for ms. messiah.

Comments are closed.