STATE OF SOUTH DAKOTA COUNTY OF HUGHES

) :SS )

IN CIRCUIT COURT SIXTH JUDICIAL CIRCUIT

SOUTH DAKOTA DEMOCRATIC PARTY, DAVID MITCHELL, and CHARLES JOHNSON, Applicants,

Civ. 12-____

vs.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR WRIT OF MANDAMUS

JASON GANT, in his Official Capacity as Secretary of State, Respondent. STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ) :SS )

BEN NESSELHUF, being first duly sworn on oath, states and deposes as follows: 1. That I am Chairman of the South Dakota Democratic Party (hereinafter SDDP), one of the Applicants in the above-referenced matter; 2. That I make this affidavit in support of the Application for Writ of Mandamus that has been filed herewith; 3. That two members of the SDDP, namely, David Mitchell and Charles Johnson, timely filed nominating petitions to be placed on the ballot as Democratic candidates for the State Legislature; 1

4. Respondent refused to place David Mitchell on the ballot, on grounds that he did not indicate his political party in the Declaration of Candidate. Mr. Mitchell did, however, clearly indicate his party affiliation in two other conspicuous areas in his petition. His petitions are attached hereto as Exhibit A. 5. Respondent refused to place Charles Johnson on the ballot, citing deficiencies in the Declaration of Candidacy. The nominating petition was otherwise satisfactory, and is attached hereto as Exhibit B. 6. Both candidates are substantially in compliance with statutory and regulatory requirements. The minor technicalities outlined above should not prevent these candidates from running for their respective legislative seats. 7. If the individual Applicants are not allowed on the ballot, the SDDP will have only one of 2 candidates running for the House of Representatives in District 20, and will have no candidates running for Senate in District 20. 8. Further Your Affiant sayeth naught.

WHEREFORE, Your Affiant prays that the Court grant the Application for Writ of Mandamus filed in this matter. _________________________________ Ben Nesselhuf

Subscribed and sworn to me before this ____ day of April, 2012.

_________________________________ NOTARY PUBLIC SOUTH DAKOTA My Commission Expires: ____________. (SEAL)