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Candidate sues Secretary of State to get on ballot

A Constitution Party candidate who unsuccessfully tried to get on the November South Dakota ballot for the U.S. House of Representatives is suing Secretary of State Jason Gant to be placed on the ballot.

On Wednesday, Charles "Chuck" Haan, of Watertown, filed a writ of mandamus pro se with the U.S. District Court in Sioux Falls.

On March 25, 2014, Haan says in his petition that he sent a "declaration of candidate" to the Secretary of State. Then, on March 25, 2014, after receiving what Haan says was certification of nomination from Lori Stacey, chair of the Constitution Party of South Dakota. Haan sent his declaration of candidacy nomination petition to the Secretary of State Office.

Gant did not certify Haan for the ballot.

In his petition, Haan says he met with Gant May 30, 2014, to discuss the matter. Haan claims in his petition that Gant did not give him a reason for not certifying Haan as the Constitution Party's nominee for the House.

Then, on June 30, 2104, according to Haan's petition, Haan submitted a second declaration as candidate as an independent candidate. Haan alleges Gant has not responded to that filing.

Last October, federal district Judge Charles Kornmann dismissed a lawsuit Haan filed against U.S. Rep. Kristi Noem, R-S.D., for failing to defund Planned Parenthood and for not stopping the implementation of the Affordable Care Act .

Kornmann awarded Noem court costs in the matter but not attorneys fees.

From a viewing of federal court records early Thursday afternoon, it did not appear Haan had served Gant with the petition and that the Secretary of State's Office had not replied to it.

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