No. 21-6316

Clayton G. Walker v. Steve Barnett, South Dakota Secretary of State, et al.

Lower Court: Eighth Circuit
Docketed: 2021-11-17
Status: Denied
Type: IFP
IFP
Tags: ballot-access candidate-selection constitutional-rights election-law election-process equal-protection freedom-of-association independent-candidates major-parties third-party
Key Terms:
AdministrativeLaw Immigration
Latest Conference: 2022-01-14
Question Presented (from Petition)

1. Should Walker as a Governor Candidate be able to choose from any party to join him in
the nomination to be on the ballot just as the rights of Major Parties are allowed as
lieutenant governor ?

2. Does Freedom of Association encompass both individuals right to join or leave a group to
take collective action to pursue the interest of its members?

3. Are the rights of a candidate that is treated differently during an election, violate the
equal protection clause of the 9th and 14th Amendment?

4. Does Freedom of Association, a Constitutional Right apply to independent candidates?

5. Should candidate be able to pick any candidate(lieutenant governor) as they wish during
the election process just as major parties do?

6. Will this be a major issues as more candidates move to having a third Party when it
comes to upcoming elections ?

7. Does SDCL§ 12-7-1.2 discriminate against the petitioner for lieutenant governor, and
candidate of the "equal protection clause " under the United State Constitution?

Question Presented (AI Summary)

Should Walker as a Governor Candidate be able to choose from any party to join him in the nomination to be on the ballot just as the rights of Major Parties are allowed as lieutenant governor?

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2021)

Attorneys

Clayton Walker
Clayton G. Walker — Petitioner