Heinemeyer v. Heartland Consumers Power District

[¶ 36.] I respectfully dissent. The lead author’s conclusion that Heinemeyer gained voting residence at the home in Wentworth on November 1, 2006, is not supported by the facts of this case, or the relevant law. Moreover, the question before this Court is much larger and more complicated than whether or not the Board was entitled to refuse to seat Heinemeyer. Instead, we must ask, as did the circuit court below, at all relevant times herein did Heinemeyer maintain a voting residence and his right to vote in Madison, South Dakota, elections, such that he was duly elected by the voters of…