State v. Bosworth
899 N.W.2d 691
| S.D. | 2017Background
- Annette Bosworth ran in the 2014 Republican primary for U.S. Senate and submitted nominating petitions to the South Dakota Secretary of State.
- Six petitions bore a circulator’s verification signed by Bosworth stating she personally circulated them, but she did not; the signatures were collected while she was abroad.
- Bosworth verified those petitions before a notary and directed a campaign consultant to file them; one petition also contained forged signatures by a third party.
- After an investigation, Bosworth was indicted on six counts of perjury (SDCL 22-29-1) and six counts of offering false or forged instruments for filing (SDCL 22-11-28.1).
- A jury convicted on all counts; Bosworth appealed, challenging (1) whether the perjury statute covered petition filings, (2) whether the petitions were “false or forged instruments,” and (3) sufficiency of the evidence that she offered the instruments for filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether signing a circulator’s verification and submitting it to the Secretary of State is an oath "in a state or federal proceeding or action" for perjury (SDCL 22-29-1) | Bosworth: "Proceeding"/"action" are adjudicatory terms; petition submission is not a judicial/quasi‑judicial proceeding, so perjury statute does not apply. | State: 2002 amendment broadened "proceeding or action" to include administrative filings; a verification to a state agency falls within the statute. | Court: Submission to Secretary of State is not a "proceeding or action" under SDCL 22‑29‑1; perjury convictions vacated. |
| Whether a nominating petition with a circulator verification signed by someone other than the circulator is a "false or forged instrument" (SDCL 22-11-28.1) | Bosworth: The petition was genuine in form; false factual statements alone do not make the instrument a "false instrument." | State: An instrument containing knowingly false statements is a false instrument; statute protects integrity of public filings. | Court: Petitions containing untrue circulator verifications are false instruments under SDCL 22‑11‑28.1; convictions affirmed. |
| Whether evidence was sufficient to prove Bosworth "offered" the false instruments for filing | Bosworth: She did not personally file the petitions; no instruction on vicarious liability so jury could not find she "offered" them. | State: Bosworth directed her agent to file them; using an intermediary does not negate liability. | Court: Sufficient evidence that Bosworth caused/authorized filing (via agent); convictions for filing false instruments sustained. |
Key Cases Cited
- Reaser v. Reaser, 688 N.W.2d 429 (S.D. 2004) (untrue statement in filed stipulation may render document a false instrument for prosecution purposes)
- Gilbert v. United States, 370 U.S. 650 (1962) (distinguishing forgery from instruments containing false statements of fact)
- State v. Hayes, 159 N.W. 108 (S.D. 1916) (issuing an instrument that contains an untrue fact may render it a false instrument)
- State v. Paulson, 861 N.W.2d 504 (S.D. 2015) (false orders submitted to court were false instruments because they lacked legal authority)