The Constitution Party is ballot-qualified in South Dakota. However, under the law, the state won’t recognize party nominees for Congress or legislature who are nominated by convention, even though all parties can nominate for certain other partisan offices by convention. Nevertheless, on June 9, the Constitution Party did hold its state convention and it did nominate a potential candidate for U.S. Senate and one for the legislature.
The pending ballot access lawsuit will determine if the party’s nominees for those two offices will be printed on the November ballot. The lawsuit challenges the March 29 petition deadline for parties who want to be able to nominate for Congress and state legislature. Already the judge in the case has suggested that there is no state interest in requiring newly-qualifying parties to nominate by primary for those offices. She said that last month when she denied the state’s motion to dismiss the case.
The Constitution Party’s convention action is very beneficial to the pending lawsuit. If neither plaintiff political party were to hold conventions and nominate for such offices this year, that might delay the lawsuit outcome.