Every time we turn our heads the other way when we see the law flouted,
when we tolerate what we know to be wrong,
when we close our eyes and ears to the corrupt because we are too busy or too frightened,
when we fail to speak up and speak out,
we strike a blow against freedom, decency and justice.
Robert F. Kennedy
Folks, I filed a complaint as soon as I became aware of violation of election with regard to the April 9, 2019, mayoral election. I attach a copy of my complaint for your reading. This complaint was filed with the Union County State’s Attorney Jerry Miller as suggested by the South Dakota Secretary of State Office when I started digging for information. I also submitted copies of my complaint to the South Dakota Secretary of State and Margaret Gillespie, South Dakota Board of Elections.
According the South Dakota Statute:
9-13-24. Return and canvass of votes. The election returns shall be reported as soon as possible to the finance officer, and within seven days of the election, the governing body shall canvass the election returns, declare the result, and enter the result on its journal.
12-1-3.3 “Election officials,” state and local officials charged with the duty of conducting elections and the canvass of returns;
12-1-3.9 “Person in charge of an election,” or “person charged with the conduct of an election,” the county auditor in all cases except local elections for a municipality, school district, township, or other political subdivision, in which case it is the officer having the position comparable to the auditor in that unit of government if not specifically designated by law;
12-20-21. Return of ballot boxes, returns, records and supplies to officer in charge–Tampering prohibited–Violation as felony. The sealed ballot box, together with the pollbook and duplicate tally sheet, registration lists, and the envelope containing the unofficial returns and all supplies and returns required, shall be returned by the precinct superintendent or a precinct deputy designated by the precinct superintendent, to the officer in charge of the election immediately after completion of the vote count. No person may deface, destroy, or tamper with the ballot box, envelope, pollbook, duplicate tally sheet, or registration lists or remove any seals. A violation of this section is a Class 6 felony.
These are just a few of South Dakota Statute covering elections and the person in charge of elections. For the municipality of Alcester, a class 2 municipality defined as: “Second Class: Those with populations between 500 and 5,000″. So our class 2 municipality has the Appointed Finance Officer as election official in charge of the election.
Alcester City Finance Officer Jurrens, during the April 15, 2019, canvass meeting, handed over the key to the ballot box, allowed the ballot box to be opened-in fact assisted in opening the ballot box and the voted ballots to be handled by the Alcester City Council as you can see in the video taken that evening. Illegal!
The council relied on Alcester City Finance Officer Jurrens to know what she was supposed to be doing. In fact Alcester FO Jurrens has attended seminars with the South Dakota Municipal League and received educational election materials from the South Dakota Secretary of State on conducting legal elections.
Add to the fact that Alcester City Finance Officer Jurrens knew she was in violation but the Alcester City Attorney Sam Nelson was present, who sat by and watched the whole scenario and did not say a word! You can see him seated at the council table on which the ballot box was sitting upon in the video. video link https://bit.ly/2YmBsrc
SDML 2019 Municipal Elections Handbook, Section 5, Chapter 5 After the Election-5.000 Official Canvass under
#1…DO NOT TAKE THE BALLOT BOX TO CANVASS AS THE GOVERNING BODY DOES NOT HAVE THE AUTHORITY TO RECOUNT BALLOTS…”
It is my understanding that Jerry Miller WAS going to charge Alcester City Finance Officer Pat Jurrens with Malfeasance. According to Black’s Law Dictionary,
The wrongful or unjust doing of some act which the doer has no right to perform, or which he has stipulated by contract not to do. It differs from “mis- feasance” and “non-feasance,” (which titles see.) See 1 Chit. Pr. 9; 1 Chit. PI. 134; Dudley v. Flemingsburg, 115 Ky. 5, 72 S. W. 327, 00 L. R. A. 575, 103 Am. St. Rep. 253; Coite v. Lynes, 33 Conn. 115; Bell v. Josse- lyn, 3 Gray (Mass.) 311, 63 Am. Dec. 741.