Kathol v. Johnson, Stadnick
CourtSouth Dakota Supreme Court
Date FiledNovember 11, 2026
Docket31510, 31547, 31548
JudgeScott P. Myren
StatusPublished
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Full Opinion
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2026 S.D. 55
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
ANTHONY KATHOL, Appellant,
v.
MONAE L. JOHNSON, in her official
capacity as Secretary of State, Appellee,
and
CELESTINE STADNICK, Intervenor and Appellee.
APPEAL FROM THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
HUGHES COUNTY, SOUTH DAKOTA
THE HONORABLE MARGO D. NORTHRUP
Judge
ANTHONY KATHOL
Martin, South Dakota Pro se appellant.
MARTY J. JACKLEY
Attorney General
GRANT M. FLYNN
Assistant Attorney General
Pierre, South Dakota Attorneys for appellee.
THAD A. TITZE of
Robins Kaplan, LLP
Sioux Falls, South Dakota Attorneys for intervenor and
appellee.
CONSIDERED ON BRIEFS
OCTOBER 6, 2026
OPINION FILED 11/10/26
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MYREN, Justice
[¶1.] Anthony Kathol and Celestine Stadnick are both candidates for State
Senate in District 27. Kathol filed an affidavit with the Secretary of State
(Secretary), alleging Stadnick’s candidacy was invalid because numerous signatures
on her nominating petitions were defective and the principal address listed on her
declaration of candidacy did not match the address on her voter registration. The
Secretary rejected this latter argument and, though she found some signatures
invalid, concluded that enough valid signatures existed to certify Stadnick’s
candidacy. Kathol appealed the Secretary’s decision to the circuit court, which
concluded that the discrepancy regarding Stadnick’s address did not invalidate her
candidacy. The circuit court also found additional signatures invalid but ultimately
concluded that enough valid signatures existed to certify Stadnick’s candidacy.
Kathol appealed. Stadnick and the Secretary filed notices of review. We affirm.
Factual and Procedural Background
[¶2.] Stadnick and Kathol are running for State Senate in District 27, which
includes parts of the counties of Bennett, Jackson, Pennington, and Oglala Lakota.
Stadnick submitted a timely petition for candidacy under SDCL 12-6-4. In the
heading of her candidacy declaration, Stadnick listed an address different from the
address on her voter registration. Stadnick’s nominating petition included 155
signatures, which exceeded the 50 signatures required under SDCL 12-6-7 to certify
a candidate for District 27.
[¶3.] Kathol filed an affidavit with the Secretary in which he challenged
Stadnick’s candidacy. He identified the discrepancy between the address Stadnick
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listed on her declaration of candidacy and the address listed on her voter
registration. He claimed that “[u]nder South Dakota Codified Law, a candidate
may claim only one principal address.” He also specifically challenged the validity
of 100 signatures on her petition. Kathol’s itemized challenge included a challenge
to one signature that listed the signer’s county of registration as “Oglala” instead of
“Oglala Lakota.” Kathol did not make this argument to challenge any other
signatures.
[¶4.] The Secretary determined that Kathol’s candidacy was not invalidated
by the address discrepancy. The Secretary provided Kathol with an itemized
explanation for each challenged signature as part of its decision. The Secretary
denied the challenge to the signature that had the county-name discrepancy,
stating that “Oglala is a common enough abbreviation for Oglala-Lakota.” After
reviewing each signature Kathol challenged, the Secretary concluded that Stadnick
had filed enough valid signatures for candidacy.
[¶5.] Kathol appealed the Secretary’s decision to the circuit court, which
allowed Stadnick to intervene. At the circuit court hearing, Kathol asserted that
Stadnick’s address on her candidacy declaration needed to match the address on her
voter registration per SDCL 12-6-8.1 Kathol also asked the circuit court to
invalidate twenty signatures. He had challenged some of those signatures with the
Secretary but raised different grounds before the circuit court. Kathol also raised
entirely new challenges to other signatures. A focal point of those new challenges
1. This statute is concerned with the address of the circulator or the individual
signing the petition, not the candidate whose name is on the petition.
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was that six signatures listed the voter’s county of registration as “Oglala” rather
than “Oglala Lakota.” Kathol asserted that these constituted material defects and
that applying the doctrine of substantial compliance would be inappropriate
because recent revisions to SDCL 12-6-8 imposed stricter requirements for petition
signers.
[¶6.] The Secretary and Stadnick noted that no South Dakota law requires a
candidate’s declaration of candidacy to list their voter registration address. The
Secretary and Stadnick both argued that the Secretary could consider substantial
compliance in identifying the signer’s county of registration. The Secretary and
Stadnick also contended that the circuit court was limited to reviewing the
Secretary’s decisions on the specific challenges Kathol asserted in his affidavit
before the Secretary. The circuit court overruled that objection and allowed Kathol
to contest the additional signatures.
[¶7.] After reviewing the additional signature challenges raised by Kathol
on appeal, the circuit court found some of them were invalid. However, the circuit
court concluded that voters who identified their county of registration as “Oglala”
instead of “Oglala Lakota” had substantially complied, and their signatures could be
counted. The circuit court also concluded that there was “not a statutory
requirement that a candidate’s residence address be the same as the address
affiliated to where the candidate is registered to vote and accordingly [it] cannot be
considered an essential element.” Ultimately, the circuit court determined that 53
signatures were valid and held that Stadnick was properly certified as a candidate
for District 27. Kathol appeals. Stadnick and the Secretary filed notices of review.
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Standard of Review
[¶8.] This Court “examine[s] agency findings in the same manner as the
circuit court to decide whether they were clearly erroneous in light of all the
evidence.” Pirmantgen v. Roberts Cnty., 2021 S.D. 5, ¶ 20, 954 N.W.2d 718, 724
(citation omitted). See also SDCL 1-26-36 (“The court shall give great weight to the
findings made and inferences drawn by an agency on questions of fact.”). “However,
‘[w]hen the issue is a question of law, the decisions of the administrative agency and
the circuit court are fully reviewable’ under the de novo standard of review.”
Reidburn v. South Dakota Dep’t of Labor & Regulation, Reemployment Assistance
Div., 2024 S.D. 19, ¶ 21, 5 N.W.3d 834, 840 (quoting Pirmantgen, 2021 S.D. 5, ¶ 20,
954 N.W.2d at 724).
Decision
Whether the circuit court exceeded the scope of its
appellate review by considering challenges to signatures
that were not raised before the Secretary.
[¶9.] To properly analyze this argument raised in the notices of review, it is
helpful to identify the nature of the proceeding Kathol initiated before the circuit
court. Kathol contested Stadnick’s candidacy by filing an affidavit with the
Secretary of State under SDCL 12-1-13.2 SDCL 12-1-13 requires the challenger’s
2. SDCL 12-1-13 reads:
Within five business days after a nominating, initiative, or
referendum petition, excluding petitions for statewide initiative,
referendum, or constitutional initiative petitions, is validated
and filed with the person in charge of the election, any
interested person who has researched the signatures contained
on the petition or, for a nominating petition, has researched the
(continued . . .)
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________________________
(. . . continued)
information contained in the declaration of candidacy, may
submit an affidavit stating that the petition contains
deficiencies as to the number of signatures of persons who are
eligible to sign the petition or that the declaration of candidacy
is not valid. The affidavit shall include an itemized listing of the
specific deficiencies in question.
Any challenge to the following items is prohibited under this
challenge process:
(1) Signer does not live at address listed on the petition;
(2) Circulator does not live at address listed on the
petition;
(3) Circulator listed a residence address in South Dakota
but is not a South Dakota resident;
(4) Circulator did not witness the signers;
(5) Signatures or petition sheets not included in the
random sample. This subdivision applies only to petitions
for statewide candidates, new party formation petitions,
or to local jurisdictions that conduct random sampling;
and
(6) Petition that was originally rejected.
All challenges by the same person or party in interest shall be
included in one affidavit.
The original signed affidavit shall be received by the person in
charge of that election by 5:00 p.m. local time on the deadline
date. If the affidavit challenges any item that is prohibited by
this section, only that line item shall be summarily rejected.
The decision of the secretary of state or the person in charge of
the election regarding a challenge under this section may not be
challenged a second time with the secretary of state or the
person in charge of the election, but may be appealed to the
circuit court. Any challenge with the secretary of state may be
appealed in Hughes County. An appeal challenging a
nominating petition for a primary election, takes precedence
over other cases in circuit court. Any party appealing the circuit
court order to the Supreme Court shall file a notice of appeal
within ten days of the date of the notice of the entry of the
circuit court order.
(continued . . .)
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affidavit to “include an itemized listing of the specific deficiencies in question.”
However, SDCL 12-1-13 identifies six types of challenges that cannot be raised in
the affidavit to the Secretary. These six types of challenges involve grounds that
would likely require an evidentiary hearing because they involve consideration of
information from outside the Secretary’s business records.
[¶10.] SDCL 12-1-13 authorizes an appeal to the circuit court from a
Secretary’s decision. Kathol chose this procedural path. Notably, SDCL 12-1-13
specifies that this right to appeal the Secretary’s decision does not “deny a person
any other legal remedy to challenge the filing of a nominating, initiative, or
referendum petition in circuit court.” It further notes that a “challenge to a petition
in circuit court may include items prohibited in this section.” Id. Additionally,
SDCL 12-1-16 states that, if a person “fails to challenge a petition pursuant to § 12-
1-13,” they are not precluded from pursuing another legal remedy. However, SDCL
12-1-16 does not create a cause of action. Instead, our decisional law reveals that
such direct-to-circuit-court challenges have traditionally been pursued through
writs of mandamus or quo warranto. See, e.g., Larson v. Hazeltine, 1996 S.D. 100,
¶ 11, 552 N.W.2d 830, 833 (writ of mandamus); Bridgman v. Koch, 2013 S.D. 83,
¶ 7, 840 N.W.2d 676, 678 (quo warranto).
________________________
(. . . continued)
A failure to challenge a petition in accordance with this section
does not deny a person any other legal remedy to challenge the
filing of a nominating, initiative, or referendum petition in
circuit court. A challenge to a petition in circuit court may
include items prohibited in this section.
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[¶11.] Kathol did not pursue either of those special writs; instead, he elected
an appeal of the Secretary’s administrative decision. See SDCL 1-26-1(1) (defining
“Agency” as “each association, authority, board, commission, committee, council,
department, division, office, officer, task force, or other agent of the state vested
with the authority to exercise any portion of the state’s sovereignty”). When
reviewing an administrative decision on appeal, the circuit court’s review is
“confined to the record.” SDCL 1-26-35. The circuit court exceeded its appellate
authority by considering challenges to signatures that were not raised in Kathol’s
affidavit and that the Secretary did not consider during its review. Consequently,
we confine our review to those challenges raised before the Secretary.
Whether the circuit court erred in affirming the
Secretary’s determination regarding a signer’s use of
“Oglala” rather than “Oglala Lakota.”
[¶12.] “‘Substantial compliance’ with a statute means actual compliance in
respect to the substance essential to every reasonable objective of the statute. It
means that a court should determine whether the statute has been followed
sufficiently so as to carry out the intent for which it was adopted.” Larson, 1996
S.D. 100, ¶ 19, 552 N.W.2d at 835 (quoting Rans v. State, 390 N.W.2d 64, 66 (S.D.
1986)).
[¶13.] The Secretary and the circuit court essentially determined that the
petition signer from Oglala Lakota County had complied with the statute by
identifying their county of registration as “Oglala.” Kathol argues that recent
legislative changes “materially amended South Dakota’s election statutes by
requiring additional identifying information on candidate nominating petitions and
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by strengthening the correspondence requirements tied to voter-registration
records.” The prior version of SDCL 12-6-8 required the signer to add his “place of
residence and the date of signing.” SDCL 12-6-8 (2023). As revised by a recent
amendment, SDCL 12-6-8 now requires the signer to list “the address at which the
individual is currently registered to vote, the county in which the individual is
registered as a voter, and the date of signing.” SDCL 12-6-8. Kathol contends this
statutory revision precludes anything less than perfect compliance. As amended,
SDCL 12-6-8 clearly requires the signer to provide additional information.
However, nothing in the revised statute suggests that the doctrine of substantial
compliance cannot be used to assess whether a signer has provided the necessary
information to carry out the statutory intent.
[¶14.] Kathol further claims that the circuit court misapplied substantial
compliance because he asserts that Larson “determine[d] that the county-of-
registration requirement is a mandatory and essential statutory element under
SDCL 12-6-8.” Larson involved a petition circulator who listed their address but
did not include their city when providing their “complete address” as the statute
required. 1996 S.D. 100, ¶ 4, 552 N.W.2d at 832. We stated that “where the statute
required both the residence address and post office address, both are considered
essential elements and the omission of one or both is not a technicality to be
disregarded.” Id. ¶ 22 (citation omitted). Significantly, we noted that we were “not
presented with omission of an item expressly required by statute or rule; the
circulator’s city is not specifically required as part of the oath by the terms of the
rule.” Id.
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[¶15.] In this case, both the Secretary and the circuit court acknowledged
that the current version of SDCL 12-6-8 requires the signer to declare their county
of voter registration. As in Larson, the signer did not omit his county of
registration. He provided an abbreviated, but clearly recognizable version. The
Secretary correctly ruled that listing “Oglala” as the county of registration was
sufficient to “carry out the intent” of the revised version of SDCL 12-6-8. The circuit
court correctly affirmed the Secretary’s ruling in that respect.
Whether the circuit court erred when it affirmed the
Secretary’s decision that South Dakota law does not
require Stadnick’s address on her declaration of
candidacy to match her voter registration address.
[¶16.] Kathol asserts that the circuit court erred because it “viewed the
declaration [of candidacy] in isolation and failed to consider the declaration,
petition, and voter-registration records as interconnected components of the broader
nomination framework established by South Dakota law.” He provides no authority
for this proposition. Instead, he suggests an inference based on the “Legislature’s
increasing emphasis upon correspondence between information supplied during the
nomination process and the statewide voter-registration records.” Essentially, he
contends that because the South Dakota Legislature added additional requirements
for signers of nominating petitions under SDCL 12-6-8, this Court should infer that
it also intended to require the Secretary to compare a candidate’s declaration
information against the candidate’s voter registration information.
[¶17.] Kathol has not identified any South Dakota statute that requires that
a candidate’s address identified in their declaration of candidacy must be the same
as in their voter registration. SDCL 12-1-14 outlines what the person in charge of
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the election must do to verify a declaration of candidacy. Along with authenticating
the information supplied by the signers, the election official must also verify, “for a
nominating petition, that the candidate was a resident of the district at the time the
declaration of candidacy was signed, in accordance with § 12-6-3.1, and is a
registered voter with a party affiliation in accordance with § 12-6-3.2.” SDCL 12-1-
14.
[¶18.] When this Court reviews statutes, “we interpret [them] ‘to discover the
true intent of the [L]egislature in enacting laws, which is ascertained primarily
from the language employed in the statute.’” Lewis & Clark Rural Water Sys., Inc.
v. Seeba, 2006 S.D. 7, ¶ 12, 709 N.W.2d 824, 830 (quoting Sanford v. Sanford, 2005
S.D. 34, ¶ 13, 694 N.W.2d 283, 287). We give “words their plain meaning and effect,
and read[] statutes as a whole, as well as enactments relating to the same subject.”
Id. (citation omitted).
[¶19.] Under the plain language of SDCL 12-1-14, the Secretary must
confirm that the candidate is a resident of the district when they declare their
candidacy. SDCL 12-1-14 does not require the candidate to be registered to vote in
that district when they declare their candidacy. Equally important, the statute
does not require the Secretary to determine that the candidate is registered to vote
in that district. Instead, the statute requires only that the Secretary determine the
candidate is a “registered voter” with the appropriate party affiliation. The statute
also does not require that the candidate’s residency address matches his voter
registration address. See Perdue, Inc. v. Rounds, 2010 S.D. 38, ¶ 9, 782 N.W.2d 375,
378 (citation omitted) (“Our rules of statutory construction require us to discern
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legislative intent based primarily on the language of the statute.”). The circuit
court did not err when determining that Stadnick complied with the nominating
petition requirements.
[¶20.] Although the circuit court erred by considering claims that Kathol did
not raise in his challenge to the Secretary, we affirm the court’s determination that
Stadnick was properly certified as a candidate for District 27.
[¶21.] JENSEN, Chief Justice, and SALTER, DEVANEY, and GUSINSKY,
Justices, concur.
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