Former South Dakota Senate Candidate Dr. Annette Bosworth was informed at 9:28am this morning by Sgt. Jason Gearman of the Minnehaha Sheriff’s office that a warrant had been issued for her arrest by Attorney General Marty Jackley.
Bosworth was told by her attorney that the charge relate to election activity, specifically petition signatures [Lee Stranahan, "Arrest Warrant Issued for Former S.D. Senate Candidate Annette Bosworth," LeeStranahan.com, 2014.06.04].
Illegal activity pertaining to petition signatures? Remember: this story started right here, thanks to you, blog readers.
Update 13:05 CDT: Lee Stranahan posts this photo of the Bosworth arrest warrant, filed June 3 in Hughes County:
Six counts of offering false or forged instrument for filing under SDCL 22-11-28.1:
22-11-28.1. Offering false or forged instrument for filing, registering, or recording--Felony. Any person who offers any false or forged instrument, knowing that the instrument is false or forged, for filing, registering, or recording in a public office, which instrument, if genuine, could be filed, registered, or recorded under any law of this state or of the United States, is guilty of a Class 6 felony.
22-29-1. Perjury--Violation. 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.
22-29-8. Oath defined--Irregular oath. The term, oath, as used in this chapter, includes any affirmation, and every other mode of attesting the truth of that which is stated, which is authorized by law. It is no defense that the oath was administered or taken in an irregular manner.
22-29-10. Deposition or certificate as complete upon delivery--Intent. The making of any deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person with intent that it be uttered or published as true.
Update 14:20 CDT: John Hult of that Sioux Falls paper provides me a copy of the affidavit sworn by DCI agent Bryan Gortmaker, the formal charges, and the arrest warrant. Significantly, Gortmaker cites Bosworth's own media appearances (KELO-AM with Greg Belfrage on April 17, then her graffiti-cursing press conference on May 27) as evidence supporting the charges. Remember, anything you say can and will be used against you in a court of law.
Update 14:40 CDT: From Attorney General Marty Jackley's office:
Attorney General Marty Jackley announces that two separate Complaints have been filed charging Annette Bosworth, 42, Sioux Falls and Clayton Walker, 33, Rapid City with election law violations. The Complaints have been filed in Hughes County where the nominating petitions were filed and are accompanied with a Probable Cause Affidavit setting forth the investigation conducted by the South Dakota Division of Criminal Investigation. Counts 1A- 1-F of both Complaints charge offering false or forged instrument for filing and constitute Class 6 felonies each punishable maximum sentence of two years imprisonment and/or $4,000 fine. Counts 2A-2F of both Complaints charge perjury and constitute Class 6 felonies each punishable maximum sentence of two years imprisonment and/or $4,000 fine.
“The election complaints received by the Secretary of State involve conduct that is serious, deliberate, and must be addressed in order to preserve the integrity of our elections. Because this is a federal elected office, I have and will continue to discuss the investigation with federal authorities,” said Jackley.
The case is being investigated by the Division of Criminal Investigation and prosecuted by the Attorney General’s Office. A tentative initial appearance date is scheduled for June 23 at 9:00 a.m. at the Hughes County Courthouse. Bosworth and Walker are presumed innocent until such time as the state proves the allegations beyond a reasonable doubt [emphasis mine; Attorney General Marty Jackley, press release, 2014.06.04].