On August 4, independent gubernatorial candidate Michael Myers of South Dakota filed a federal lawsuit against the Secretary of State. The purpose of the lawsuit is to let Myers replace his original Lieutenant Governor running mate with a new candidate. The South Dakota law lets qualified parties make such substitutions, but does not have the same flexibility for independent candidates. Myers v Gant, 4:14cv-4121. The case was assigned to Judge Lawrence Piersol, a Clinton appointee.

The original Lieutenant Governor candidate, named on the petition, initially expected to stay on the ticket, but her personal circumstances changed.