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STATE v. JENSEN

No. 22536.

662 N.W.2d 643 (2003)

2003 SD 55

STATE of South Dakota, Plaintiff and Appellant, v. Gerald JENSEN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 14, 2003.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Paul Cremer, Harold H. Deering, Assistant Attorney Generals, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Thomas E. Brady, Spearfish, South Dakota, Attorney for defendant and appellee.

ZINTER, Justice.

[¶ 1.] The clerk of the Deadbroke Heights Road District published a notice of vacancy for the office of district trustee. The notice indicated that an election would be held on March 7, 2002. Two nominating petitions were filed, but both were allegedly defective. Gerald Jensen, the incumbent, circulated his petition prior to January 1, 2002, in violation of SDCL 12-6-4.1. Marie Slovek, the challenger, filed her petition with the district secretary...

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