Bridgman v. Koch
840 N.W.2d 676
S.D.2013Background
- Dedrich Koch filed as a Republican for Jerauld County State’s Attorney (won primary June 5, 2012; unopposed in general; took oath Jan 8, 2013) and separately filed as an Independent for Buffalo County State’s Attorney (won Buffalo County election but declined office).
- Koch took the Jerauld County oath and bond and demanded Bridgman (incumbent) turn over office records; Bridgman refused and brought a quo warranto action.
- Bridgman alleged Koch was not entitled to the Jerauld office because Koch (1) declared candidacy for two public offices in violation of SDCL 12-6-3 and SDCL 12-7-1, and (2) SDCL 7-16-31 is unconstitutional (removing residency requirement, special law, equal protection).
- Circuit court found Koch lawfully elected and in possession of the Jerauld office and ordered Bridgman to turn over records; Bridgman appealed.
- On review the Supreme Court treated the matter as a quo warranto action confined to title/possession of the Jerauld office and reviewed legal questions de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of SDCL 7-16-31 (residency/special law/equal protection) | Bridgman: statute violates county citizens’ rights, is a special law, and breaches equal protection | Koch: (not decided in this action) statute governs qualification | Court: Constitutional challenges beyond scope of quo warranto here; not addressed |
| Dual candidacy prohibition (SDCL 12-6-3) | Bridgman: Koch’s candidacy in Buffalo violated prohibition against being candidate for more than one public office, invalidating Buffalo candidacy and implicating Jerauld office | Koch: (argued elsewhere that statute amended re: mutually exclusive offices; court declined to resolve) | Court: Whether Koch violated 12-6-3 in Buffalo election is outside this quo warranto limited to Jerauld office; claim not adjudicated |
| Certificate of nomination / election validity (SDCL 12-7-1; certification) | Bridgman: Koch’s nominations were invalid and he is not entitled to the Jerauld office | Koch: his Jerauld petition, primary win, certification, oath, and bond complied with election law | Court: Koch’s Jerauld nomination, election certification, oath, and bond were lawful; no violation of 12-7-1; Koch entitled to office |
| Standing to challenge Buffalo County election | Bridgman: sought to challenge Koch’s Buffalo candidacy as part of attack on Koch’s fitness | Koch: Bridgman lacks special interest in Buffalo office | Court: Bridgman lacks standing in quo warranto to challenge Buffalo County office; action limited to Jerauld office |
Key Cases Cited
- McElhaney v. Anderson, 598 N.W.2d 203 (S.D. 1999) (quo warranto scope and de novo review where facts undisputed)
- Burns v. Kurtenbach, 327 N.W.2d 636 (S.D. 1982) (quo warranto examines propriety of an election)
- Smith v. Reid, 244 N.W. 353 (S.D. 1932) (defeated candidate has standing to contest office)
- State ex rel. Varnau v. Wenninger, 962 N.E.2d 790 (Ohio 2012) (timeliness and term-focus of quo warranto)
- State ex rel. Tomek v. Colfax Cnty. Reorganization Comm., 209 N.W.2d 188 (Neb. 1973) (limitations on quo warranto as vehicle for broad constitutional attacks)
- Fosket v. Mich. State Bd. of Dentistry, 261 N.W.2d 238 (Mich. Ct. App. 1977) (quo warranto not a means for general citizen constitutional challenges)
- State v. Pellegrino, 577 N.W.2d 590 (S.D. 1998) (failure to cite authority waives argument)