Press "Enter" to skip to content

Hickey Withdraws Court Action; Bosworth “Unscrupulous, Scandalous, UnChristlike”

Last week, Attorney General Marty Jackley said that folks interested in protecting the integrity of the ballot needed to talk to the judge, not to him. I thought about that. So, surprisingly, did Representative and Reverend Steve Hickey (R-9/Sioux Falls).

I'll admit, Hickey and I communicated. I helped crowdsource some support for a legal challenge to answer the questions AG Jackley and SOS Gant would not.

But Rep. Rev. Hickey decided to act. Last Thursday, April 10, Rep. Hickey filed an affidavit with the Hughes County Clerk of Courts asking the Sixth Circuit Court to order Secretary of State Jason Gant to reject Annette Bosworth's nominating petition and not print her name on the GOP Senate primary ballot. Rep. Hickey submitted an additional affidavit with evidence supporting the case that Bosworth and husband Chad Haber had invalidated her petition by violating their circulator's oaths. Hickey submitted 53 pages of exhibits in support of his affidavits.

Judge Mark Barnett e-mailed Rep. Hickey on Friday, April 11, and said he saw no way to schedule a hearing that could compel the Secretary of State to act in time to prevent printing of the ballots. He scheduled a tentative hearing for Friday, April 18. Ballots are due at county courthouses by Wednesday April 16.

Second Circuit Court Judge Susan Sabers was able to respond to a court challenge to an impending vote the same day it was filed, April 6, the day before the Sioux Falls municipal election. Evidently the Second Circuit can move faster than the Sixth Circuit.

Seeing that Judge Barnett deemed immediate remedy unworkable, Rep. Hickey has moved to dismiss his own action. The legal questions Attorney General Jackley and Secretary Gant have ignored on the Bosworth petition challenge thus remain unanswered.

But why did Rep. Hickey file his challenge in the first place? The good reverend offers this explanation:

I'm not connected with any Senate campaign so this is not one campaign trying to take out another campaign and so I'm not sure how this will be viewed today. But maybe someone someday will say, there was a time an overtly Christian US Senate candidate was so unscrupulous, scandalous and unChristlike, Steve was bothered enough to stick his foot out and try to trip that person up on a technicality. (The unscrupulous and scandalous things are the raffles and unpaid employees and vendors which have been documented by the Argus Leader. The unChristlike thing I'm referring to was the official Bosworth campaign video attack on a thorn-in-the-flesh citizen activist for a lone employment termination fully ignoring her own past which is far worse.)

Character is more important than Republican talking points. A few days ago Dr. Boz did a video likening herself to David against Goliath. My thought was if she was indeed David, then she need someone to be a Nathan to her. Nathan was David's friend who would not sit by and let David gloss over his significant transgressions. The ever-growing list of dubious things in the Bosworth candidacy left unchallenged only undermine the integrity of the process and public confidence which effects all of us in public office or seeking it. And, I do think it would be a win for the state GOP for the public to see we are willing to clean our own house once in a while [links mine; Rep. Rev. Steve Hickey, e-mail to Madville Times, 2014.04.14].

Expect Team Bosworth to spend campaign donations to attack Reverend Hickey with a comedy video showing him waving his arms during a sermon. Expect Rep. Rev. Hickey to let that water roll off his back.

In my statutory challenge to Bosworth's petition and in Hickey's now-withdrawn court challenge, citizens tried to work as swiftly as they could within the law and the compressed time frame created by the state to challenge what appears to be a fraudulent nominating petition. The Secretary of State, the Attorney General, and now the court have declined to act with similar swiftness to ensure that the ballot is not sullied by such fraud.

Related, 11:48 CDT: Bosworth alleges on Facebook this morning that "preachers that signed my nominating petition are being harassed by law enforcement." Note to Annette: asking questions is not harassment. But the thinnest-skinned person on the ballot asks with unabashed irony, "How do we stand up to this corruption?"

Update 12:44 CDT: Joel Ebert of the Pierre Capital Journal reports the story (and calls me a "liberal blogger"—yes!). Hickey reiterates to Ebert that he moved to dismiss his writ simply because the court could not take action in time to provide remedy.


  1. larry kurtz 2014.04.14

    Yet Gant pushed Lance Russell's late filing through.

  2. daleb 2014.04.14

    some group of people are rather hellbent on keeping up the appearance that boz is some holy roller. or maybe theyare protecting their attorney...

  3. Kevin Weiland 2014.04.14

    Finally, I got a chance to meet ya....@CAH.

  4. R.A. Johnson 2014.04.14

    Unbelievable? So, Rev. Hickey judges Candidate Bosworth in public and cites himself a hero in doing so? What? Wouldn't this have been better served if Representative Hickey met "in private" to counsel with Dr. Bosworth and her husband and explained his concerns and as a good Reverend (man of the cloth) offered his help to her in the form of prayer for "repentance"? IF he, indeed, believes that she is "Unscrupulous, Scandalous and UnChristlike" then what pray tell is he? (this being Holy Week and all) This election has become a 3-ring circus!!

  5. caheidelberger Post author | 2014.04.14

    RA, I missed the part where Hickey called himself a "hero".

    Let's be honest, RA: Bosworth violates an oath, defrauds raffle ticket buyers, publishes a libelous press release, and doesn't pay her employees. Rep. Hickey calls her out on those public offenses. And you equate those actions... how? This sounds an awful lot like Bosworthian distraction technique, trying to get everyone talking about anything but the issue at hand. Tell me, RA, how do you either refute or justify any of the actions Bosworth has committed, regardless of the methods by which others have brought those actions to light?

    (Oh, and check your e-mail, please.)

  6. R.A. Johnson 2014.04.14

    Not refuting nor justifying anyone anything. Stating an opinion I have re; actions by Representative Hickey. That is it!

  7. caheidelberger Post author | 2014.04.14

    All right, just so we're clear. Hickey and I may have plenty of our own issues, but they have no refutatory power on Bosworth's many crimes against her employees, her donors, and now against the voters of South Dakota.

  8. David Newquist 2014.04.14

    Most people know hat when a person declares candidacy for public office, the person opens up her personal history, character, and behavior to public scrutiny and discussion. The notion that the violations of personal and public trust committed by Bosworth should be dealt with in private counseling is the general attitude that permits, endorses, and sustains those practices in public life that makes South Dakota one of the most corrupt states in the union. We emulate Russia in that aspect.

  9. RINO 2014.04.14

    I'm sure it is just coincidence that the patient named "Sheryl" in Bosworth's TV ad is Judge Barnett's aunt.

  10. Dave Baumeister 2014.04.14

    RA, with normal people, your quote comment would make perfect sense. But I can tell you from personal experience, it does no good to meet privately with Dr. or Mr. Bosworth. If you are saying even them most harmless thing that goes against their plans, you will be treated as a pariah and they will attempt to destroy you in public. That being said, Bosworth is now a public figure, and it seems Hickey was trying to deal with her on that level, as would be appropriate. But I certainly agree that this election is a three-ring circus!! And speaking of private counseling, I wonder how the good doctor is doing on her counseling mandated by the SD Board of Medical Examiners? I believe it had something to do with narcissistic tendencies.

  11. Roger Cornelius 2014.04.14

    Why didn't the 6th District Court refusal to hear Hickey's challenge surprise me? I'd be interested to see Judge Barnett's voter registration card.

    As far as Hickey providing spiritual counsel to Bosworth, it is her responsibility to reach out for help if she feels the need. It really isn't imaginable for Hickey to go to Bosworth and tell her " it is time for you to confess your sins">

  12. mike from iowa 2014.04.14

    And if the calendar pages are flipped farther back in time, there was the appointment by Gov. Rounds of former state attorney general Mark Barnett to a circuit judgeship.

    That was after Mike Rounds defeated Mark Barnett and former Lt. Gov. Steve Kirby in the 2002 Republican primary for governor, followed by Mark Barnett immediately tapping his donor base to assist Mike Rounds in the general election campaign that year. The not-very-secret plan at the time was that Gov. Rounds would eventually name Circuit Judge Mark Barnett to the state Supreme Court, but circumstances eventually made that politically nigh-impossible, because Judge Barnett lived in the wrong Supreme Court circuit for the vacancy that became available.

  13. Liberty Dick 2014.04.14

    Do you suppose there is a work release program in the state prison for Senators?

  14. Donald Pay 2014.04.14

    South Dakota elections have become a fourth world sham. You've got the entire Republican governing structure and the entire Republican-led "justice" system is now fully engaged in election fraud and engaged in the cover up of that fraud. Everyone involved, including all the Senate Republican candidates should stand up against this fraud.

  15. BeenThereDoneThat 2014.04.14

    God forbid, SD has unscrupulous politician. Or is because it is a unscrupulous female politician? Whatever it is, if you leave her on the ballot and she beats Mike, it will be because something Mike did wrong, not something the Doc did right. We have the Benda mystery cover up and we are worried about a raffle? Don't get me wrong, we should be worried.....about everything that happens in SD behind those closed doors. If you have to raise millions as a the front runner republican in SD, that scares me a little.

  16. Douglas Wiken 2014.04.14

    Rounds,Inc. must hope that Bosworth will siphon away enough conservative votes to keep Stace Nelson from getting a majority.

  17. Rorschach 2014.04.14

    I never expected to write these words, but I do so now ungrudgingly. Though we may disagree on some issues, Rev./Rep. Hickey has earned my respect through his actions of championing the causes of the least among us and seeking accountability for Dr. Bosworth when nobody else on his side of the aisle would raise a voice. He has proven himself to be a man of action, not just words. I know you are reading this, Rev./Rep. Hickey. I will pray for your good health. Keep fighting the good fight!

  18. Rorschach 2014.04.15

    If Rev./Rep. Hickey is unable to repeal the death penalty next year, he may be successful bringing a bill to ensure that a death penalty jury will be allowed to know what the victim's position was on the death penalty if the victim had expressed an opinion.

    I have been told that in the instant case the victim herself was opposed to the death penalty, but the jury was not allowed to know that when weighing whether or not to sentence the perpetrator to death. If that is true, what a sad spectacle it is for a prosecutor to seek a penalty he knew the victim opposed and for the victim's own wishes to be kept from the jury tasked with making that decision.

  19. Deb Geelsdottir 2014.04.15

    Thanks for the link Larry. We all ought to be as outraged as he is.

    Hickey did a good thing here in bringing this suit against Bos. Attaboy!

  20. larry kurtz 2014.04.15

    My pleasure, Miss Deb: all the best to you and yours.

  21. Douglas Wiken 2014.04.15

    We may disagree on issues with Rep. Hickey, but it is also correct and fair to give him credit for integrity of the kind that matches what he says with what he does. That oneness is a good part of integrity. It is also what is missing with far to many of today's politicians of both parties.

  22. mike from iowa 2014.04.16

    Doug Wiken-US Senators,Representatives,Delegates and the Resident Commisioner of Puerto Rico are all paid $174,000 in salary. SOH gets $223,000 and Senate Majority Leader gets $193,400(since 2009).

Comments are closed.