Johnson v. Herseth

Petitioners sought and were granted a writ of mandamus requiring appellant, sec retary of state, to certify the name of petitioner Warren Johnson as a candidate for the state senate on the November general election ballot for Minnehaha County. The secretary of state appealed and this court has expedited this appeal as it is a matter of great public concern.

We reverse.

The trial court incorporated within the findings of fact and conclusions of law, by reference, the court’s memorandum decision which contains the following essential facts, to wit:

“That Ronald L. W. Larsen was a successful…