Case: Libertarian Party v. Hazeltine

3:00-cv-03021 | U.S. District Court for the District of South Dakota

Filed Date: May 4, 2000

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On May 4, 2000, the Libertarian Party of South Dakota and several concerned citizens filed this lawsuit in the U.S. District Court for the District of South Dakota. The plaintiffs sued South Dakota, under 42 U.S.C. § 1983. Represented by private counsel, they asked the court for both declaratory and injunctive relief, alleging that the State misinterpreted state election law when it denied Libertarian Party candidate Brian Lerohl’s request to be added to the primary election ballot. Specificall…

On May 4, 2000, the Libertarian Party of South Dakota and several concerned citizens filed this lawsuit in the U.S. District Court for the District of South Dakota. The plaintiffs sued South Dakota, under 42 U.S.C. § 1983. Represented by private counsel, they asked the court for both declaratory and injunctive relief, alleging that the State misinterpreted state election law when it denied Libertarian Party candidate Brian Lerohl’s request to be added to the primary election ballot. Specifically, the plaintiffs alleged that the Libertarian Party should be designated a “political party” pursuant to SDCL 12-6-7.

Arguments focused on the requirements of the “political party” designation. In its May 25, 2000, answer, the State claimed that because the Libertarian Party had not, in the 1998 election, achieved the requisite percentage of votes to be considered a “political party,” it had to reregister as a “new party” for the 2000 election. The State asserted that a “new party” must meet a higher threshold of signatures on a nominating petition than a party with a “voting history.” The Libertarian Party had not satisfied this requirement.

On August 8, 2000, the District Court (Judge Richard H. Battey) ordered in favor of the plaintiff’s motion for summary judgment, granting declaratory and injunctive relief, and attorneys’ fees. A "satisfaction of judgment" was filed soon thereafter and the case was marked closed.

Summary Authors

Nick Niles (6/23/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6320316/parties/libertarian-party-v-hazeltine/


Judge(s)

Battey, Richard Howard (South Dakota)

Attorneys(s) for Plaintiff

Hyde, Kent (South Dakota)

Attorneys(s) for Defendant

Wald, Sherri Sundem (South Dakota)

Judge(s)

Battey, Richard Howard (South Dakota)

Attorneys(s) for Plaintiff

Hyde, Kent (South Dakota)

Attorneys(s) for Defendant

Wald, Sherri Sundem (South Dakota)

Documents in the Clearinghouse

Document

3:00-cv-03021

Docket (Pacer)

May 4, 2000

May 4, 2000

Docket
1

3:00-cv-03021

Complaint for Declaratory and Injunctive Relief

Libertarian Party of South Dakota v. Hazeltine

May 4, 2000

May 4, 2000

Complaint
25

3:00-cv-03021

Memorandum Opinion and Order

Aug. 8, 2000

Aug. 8, 2000

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6320316/libertarian-party-v-hazeltine/

Last updated Aug. 1, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: 1 summons(es) handed to Hughes County Sheriff's Office for service per request of Kent Hyde, Attorney for Plaintiff (FE) (Entered: 05/04/2000)

May 4, 2000

May 4, 2000

Clearinghouse

FILING FEE PAID: on 5/3/00 in the amount of $150.00, receipt #0023200. (FE) (Entered: 05/04/2000)

May 4, 2000

May 4, 2000

2

CIVIL COVER SHEET (FE) (Entered: 05/04/2000)

May 4, 2000

May 4, 2000

3

REASSIGNMENT LETTER (FE) (Entered: 05/09/2000)

May 8, 2000

May 8, 2000

MAILING ORIGINAL FILE to Rapid City Clerk's Office (FE) (Entered: 05/09/2000)

May 9, 2000

May 9, 2000

4

RETURN OF SERVICE executed upon defendant Joyce Hazeltine on 5/10/00 (RCL) (Entered: 05/15/2000)

May 15, 2000

May 15, 2000

5

ANSWER by defendant to [1-1] (CLM) (Entered: 05/25/2000)

May 25, 2000

May 25, 2000

6

ORDER For Form 35 Report and Scheduling Information by Richard H. Battey (cc: all counsel) (BBH) (Entered: 05/30/2000)

May 30, 2000

May 30, 2000

7

Form 35 Report Of Parties Planning Meeting re [6-1] (RCL) (Entered: 06/13/2000)

June 13, 2000

June 13, 2000

8

MOTION for summary judgment by plaintiffs (CLM) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

9

BRIEF by plaintiffs in support of motion for summary judgment [8-1] (CLM) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

10

AFFIDAVIT of Kent Hyde re [8-1] (CLM) (Entered: 06/14/2000)

June 14, 2000

June 14, 2000

11

MOTION to certify by defendant Joyce Hazeltine (RCL) (Entered: 06/21/2000)

June 19, 2000

June 19, 2000

12

MEMORANDUM by defendant Joyce Hazeltine in support of motion to certify [11-1] (RCL) (Entered: 06/21/2000)

June 19, 2000

June 19, 2000

13

CERTIFICATE OF SERVICE 11 and 12 by defendant Joyce Hazeltine (RCL) (Entered: 06/21/2000)

June 19, 2000

June 19, 2000

14

ORDER that defendant shall file a response to plaintiff's motion for summary judgment 8 no later than 7/5/00 by Richard H. Battey (cc:all counsel) (RCL) (Entered: 06/21/2000)

June 21, 2000

June 21, 2000

15

MEMORANDUM by plaintiff Libertarian Party, plaintiff Brian Lerohl, plaintiff Bob Newland in opposition to motion to certify [11-1] (RCL) (Entered: 06/21/2000)

June 21, 2000

June 21, 2000

16

MOTION to exceed page limitation by defendant Joyce Hazeltine (RCL) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

17

MOTION for summary judgment by defendant Joyce Hazeltine (RCL) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

18

AFFIDAVIT of Joyce Hazeltine re [17-1] (RCL) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

20

CERTIFICATE OF SERVICE by defendant Joyce Hazeltine (RCL) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

21

ORDER by Richard H. Battey granting motion to exceed page limitation [16-1] (cc:all counsel) (RCL) (Entered: 07/10/2000)

July 10, 2000

July 10, 2000

22

REPLY BRIEF by plaintiff Libertarian Party in opposition to motion for summary judgment [17-1] (FE) (Entered: 07/11/2000)

July 11, 2000

July 11, 2000

23

ORDER by Richard H. Battey ; in-court hearing, oral argument, set for 9 a.m. on 8/7/00 (cc: all counsel) (FE) (Entered: 07/14/2000)

July 14, 2000

July 14, 2000

27

MOTION for attorney fees and costs by plaintiff Libertarian Party (copy mailed Joe Haas, Clerk, SF) (BBH) (Entered: 08/10/2000)

Aug. 10, 2000

Aug. 10, 2000

28

ORDER by Richard H. Battey granting motion for attorney fees and costs [27-1] (cc:all counsel) (CLM) (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

29

SATISFACTION OF JUDGMENT re [26-2] as to plaintiff (JLH) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

MAILING original file to Clerk's Office in Pierre, SD (JLH) (Entered: 04/10/2001)

April 10, 2001

April 10, 2001

24

MINUTES RE: Oral Argument on motions before Richard H. Battey (BBH) (Entered: 08/08/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
25

MEMORANDUM OPINION AND ORDER by Richard H. Battey denying defendant's motion to certify [11-1], denying defendant's motion for summary judgment [17-1], granting plaintiff's motion for summary judgment (cc: all counsel) (BBH) (Entered: 08/08/2000)

Aug. 8, 2000

Aug. 8, 2000

Clearinghouse
26

JUDGMENT in favor of Libertarian Party, Brian Lerohl, Bob Newland and against Joyce Hazeltine by Richard H. Battey; terminating case (cc: all counsel) (BBH) (Entered: 08/08/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER

Case Details

State / Territory: South Dakota

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 4, 2000

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Libertarian Party, a 2000 Libertarian candidate for U.S. House of Representatives, and a frequent Libertarian candidate for public office

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of South Dakota, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Issues

Race:

Race, unspecified

Voting:

Candidate qualifications

Election administration