Case 4:18-cv-04125-RAL Document 1 Filed 09/26/18 Page 1 of 8 PagelD #1 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION Dr. Terry Lee LaFleur, in his official capacity as Candidate for Governor of South Dakota, #1IHIIS Plaintiff, vs. Shantel Krebs, in her official capacity as COMPLAINT Secretary of State for South Dakota, Dan Lederman, in his official capacity as Chairman of the Republican Party of South Dakota, Lora Hubbel, Gordon Howie, Joel Bergan, Marilee Roose, Frank Fluckiger, and ‘Matt Johnson Jointly and Severely, Defendant(s), ) INTRODUCTION ‘COMES NOW, THE PLAINTIFF, Dr. TERRY LEE LAFLEUR, Attorney Pro Se, and in furtherance of his Complaint against Shantel Krebs in her official capacity as Secretary of State for the State of South Dakota, Dan Lederman in his official capacity as Chairman of the Republican Party of South Dakota, Lora Hubbel in her personal and official capacities as candidate for Governor of the State of South Dakota, Gordon Howie in his personal and official capacities as Chairman of the “South Dakota Constitution Party,’ Joe! Bergan in his personal and official capacities as Vice-Chairman of the Constitution Party of South Oakota and as Chairman of the “South Dakota Constitution Party,” Marilee Roose in her personal and official capacities as a Central Committee member of the Utah Constitution Party and Parliamentarian, Frank Fluckiger in his official capacity as Chairman of the National Constitution Party, and Matt Johnson in his personal and official capacity as U.S. House candidate, herein states the following: JURISDICTION AND VENUE 1, The Plaintiff brings this action in the above named Court pursuant to: a 42US, Code § 1983; b. 2B U.S. Code § 1331 Federal Question; c. 2B U.S, Code § 1332 Diversity of Citizenship; LCase 4:18-cv-04125-RAL Document1 Filed 09/26/18 Page 2 of 8 PagelD #: 2 28 U.S. Code § 1343(a} Original Jurisdiction; 28 U.S. Code § 1367(a) Supplemental Jurisdiction; 28 U.S. Code § 1391(b) Venue; 42 U.S, Code § 12101 and 12102 Americans With Disabilities Act (ADA); 42 U.S. Code § 1985 Conspiracy to Interfere with Civil Rights. Faeroe PARTIES 2, The Plaintiff is a citizen of the United States, and at all times material to this case, is a resident in Minnehaha County, South Dakota. 3. The defendant, Shantel Krebs, Secretary of State, is a citizen of the United States and at all times material to this case, maintains a public office in Pierre, Hughes County in the State of South Dakota. 4. The defendant, Dan Lederman, Chairman of the Republican Party of South Dakota, is a citizen of the United States, and at all times material to this case, maintains a residence at J MEE Dakota Ounes, South Dakota I 5. The defendant, Lora Hubbel is a citizen of the United States, and at all times material to this case, maintains a campaign headquarters at i! Sioux Falls, South Dakota) Minnehaha County in the State of South Dakota. 6. The defendant, Gordon Howie is a citizen of the United States, and at all times material to this case, maintains a residence ot iE! Rapid City, Pennington County in the State of South Dakota. 7 The defendant, Joel Bergan is a citizen of the United States, and at all times material to this case, maintains a residence at A .<.. Arlington, South Dakota ga 8. The defendant, Frank Fluckiger is a citizen of the United States, and at all times material to this case, maintains a national office at Lancaster, PA 3. The defendant, Marilee Roose Is a citizen of the United States, and at all times material to this case, maintains a residence at [A Yest, Magna, Utah 10. The defendant, Matt Johnson is a citizen of the United States, and at all times material to this case, maintains an office at EP randon, Minnehaha County in the State of South Dakota. COMPLAINT 41. That on or about July 11, 2016 Lora Hubbel was elected Chairman of the Constitution Party of South Dakota, hereinafter referred to as “CPSD.” Hubbel failed to file the required SOCL § 12-27-6 Statement of Organization. 42. That on or about February 2, 2017 Lora Hubbel tendered her written letter of resignation. Hubbel went back to the Republican Party of South Dakota and ran for governor 2.Case 4:18-cv-04125-RAL Document 1 Filed 09/26/18 Page 3 of 8 Pagel #: 3 and state senator in the June 5, 2018 Primary election. On July 12, 2018 Lora Hubbel knowingly and willfully led about not having resigned on February 2, 2017 and conspired with all ofthe defendant's named above, in order to oust Lori Stacey as the rightful Chairman of the CPSD so that the defendants could perform a hostile takeover (i.e. Coup d'état) of the CPSD. The defendants acts or omissions were designed to intentionally and knowingly disrupt the legal nomination process of political candidates at the July 14, 2018 Statewide Convention legally called by Lori Stacey, which also directly impacted the Plaintiffs Civil and Political Rights. 13. That on or about February 2, 2017 Joel Bergan ascended to Chairman of the CPSD in accordance with Robert's Rules. Joel failed to file the requisite SDCL § 12-27-6 Statement of Organization. Joel called a meeting on the evening of February 2, 2017, wherein, Joel appointed Lori Stacey interim chairman of the CPSD pending the 2020 elections. 14. On or about July 12, 2018 a secret meeting was called by Joel Bergan and Lora Hubbel in Rapid City, South Dakota. At this meeting were Gordon Howie, other Tea Party members, unknown Republican Party members, and Frank Fluckiger, Marilee Roose, and Shantel Krebs participated by telephone. The purpose of this meeting was to finalize the plan to oust Lori Stacey as the legal Chairman of the CPSD prior to July 14, 2018. The defendants intended to vet an illegal ticket to Shantel Krebs, which Mr. Lederman would immediately challenge on the grounds that Lora Hubbel was in fact not the legal Chairman of the CPSD. The defendants acts, ‘or omissions constitute a conspiracy to interfere with the Plaintif’s civil and political rights. 15, That on or about July 13, 2018 Joel Bergan called a secret meeting at the Flying J herein ‘Sioux Falls, South Dakota to further discuss the plan to perform the hostile takeover of the CPSD at the July 14, 2018 Convention. At this meeting in person was Joe! & Paula Bergan, Matt Johnson, Lora Hubbel, the Plaintiff and Frank Fluckiger participated by telephone. The defendant's tatked about requesting Lori Stacey step down voluntarily due to health concerns. Both Joel and the Plaintiff suggested that they should allow the Convention to proceed. Lora Hubbel strongly suggested that they could challenge Lori Stacey's Chairmanship on ano confidence vate at a meeting before the Convention. Lora Hubbel called Frank Fluckiger and requested that Frank write the letter to Lori Stacey; in this letter Frank Fluckiger accused Lori ‘Stacey of numerous crimes and advised Ms. Stacey that he was removing her from office. After that, the meeting was adjourned, and we all were to meet the next day. 16. Onor about July 14, 2018 a second meeting was called by Joel Bergan. At this meeting in person were Joel & Paula Bergan, Lora Hubbel, Matt Johnson, Tara Valaski, Janette Mcintyre, the Plaintiff, and Gordon Howie participated by telephone. Lori Stacey had received the letter from Frank via email by the time this meeting was called. The result of the letter forceable prevented Lorl Stacey from personally attending the Convention scheduled at 3:00 pm. 17. On or about July 14, 2018 at 3:00 pm the historic first Statewide Convention for the CPSD was commenced. Immediately at the start of the Convention, Lora Hubbel circulated campaign paraphernalia in violation of both state law and the By-Laws of the CPSD. The Plaintiff immediately objected and demanded that the campalgn material be removed. 3