I'm not sure what sector of the electorate Gordon Howie thinks he's targeting by investing so much of his blog energy in blowing smoke for Annette Bosworth. Continually stumping for an admitted lawbreaker and fake conservative who showed no ability to build a viable campaign in South Dakota serves neither Howie's objective of building an effective opposition voting bloc nor the higher aims of justice. Neither will defending Bosworth with errors of fact and law.

In his latest excuse for Bosworth's petition circulation felonies, the re-energized conservative blogger Howie repeats the charge that the Attorney General's prosecution of Bosworth is unfair given all the other alleged violations of petition rules that go unpunished or lightly punished:

Many petitions circulators have violated this “oath” by not “personally witnessing” every signature. In South Dakota, just a few years ago, six Republicans were found guilty in a case that involved as many as 1,400 signatures. Their penalty… a $200.00 fine. Now, for an alleged violation involving 37 signatures, Annette Bosworth is facing 24 years in prison, thousands of dollars in fines and the loss of her license to practice medicine. Seem fair to you?? [Gordon Howie, "Is Your Legislator Guilty?" The Right Side, 2015.01.22]

Howie refers to a ballot probe in 2004 that found six Republican get-out-the-vote operatives, including future state legislator Todd Schlekeway, notarized absentee voter applications without personally witnessing the applicants' signatures. Note that Schlekeway et al. were not circulating petitions; they were soliciting absentee voting applications, thus invoking charges under different law. As I explained in July, Schlekeway's violation of his notary seal was a misdemeanor. He pled guilty and received a misdemeanor penalty.

In the Schlekeway case as in the Bosworth case, the Attorneys General (Long then, Jackley now) have acted to uphold the letter and spirit of the law while protecting voters from disenfranchisement. If Howie wants to invoke the Schlekeway precedent, then the fair outcome would be that Bosworth would plead guilty to her felony and receive her felony penalty.

Trying to fabricate a defense for Bosworth out of thin air and grade-school excuses, Howie accuses a majority of South Dakota legislators of committing the same crime and challenges them to deny it:

Actually, the practice of “not personally witnessing” petition signatures is widespread, but rarely challenged. Certainly not to the level of felony charges.

Here is the question for every Legislator in South Dakota, both past and present:

Will you swear that you personally witnessed every single signature on every petition you have circulated?

There are, no doubt, some who can respond in the positive. They will be in the minority.

Howie made this same baseless and cowardly charge for the same Boz-crush purpose at the beginning of the month. His charge is logically, legally, and factually wrong because...

  1. Howie cannot name a single guilty party.
  2. Howie produces no example of a petition with evidence of a false circulator's oath.
  3. Howie confuses a rhetorical question for logical proof.
  4. Howie shifts the burden of proof from prosecutors (who can slam-dunk meet that burden against Bosworth in court) to the unnamed defendants under his blanket accusation.
  5. Howie forgets that every legislator who circulated a nominating petition has already answered Howie's rhetorical challenge by signing the circulator's oath.

Howie's last resort may be the appeal for mercy. Note his inclusion in the list of consequences for Bosworth the fact that a felony conviction could cause her to lose her medical license.

Commit one felony, get kicked out of your profession? Welcome to my world. State law says South Dakota teachers can lose their teaching licenses for committing any crime involving moral turpitude or drugs. The Professional Teachers Code of Ethics puts my teaching license at risk if I engage in any act the results in a conviction. I suspect other licensed professions have similar rules. Professional status carries special burdens.

If Howie wants to propose revoking all professional licensure requirements in South Dakota and declare that criminal records should bear no weight on allowing people to teach or practice medicine, I invite him to lay out that case. If Howie can produce evidence of petition fraud by other candidates, I invite him to lay out the evidence. So far in his fresh Boz-crush, he has done neither... and even if he does, such arguments and evidence will have no bearing in front of Bosworth's judge next month.