South Dakota Independent Gubernatorial Candidate Mike Myers wants Lora Hubbel to be declared as his new running mate on the November ballot but Secretary of State Jason Gant said he was unable to certify Hubbel.

Myers sued Grant, asking Judge Lawrence Piersol to certify Hubbel as his new running mate, replacing Caitlin Collier, who withdrew from the race due to family health issues.

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Gant said Collier's name will remain on the ballot come November.

While Gant said he could not certify Hubbel as a new candidate, the running mate of Myers, without a law that allows independent candidates to replace the names of their running mate on the ballot, a law expert said Myers lawsuit has a good chance of winning.

Rick Hasen, an election lawyer and professor of law and political science at the University of California-Irvine, said Myers lawsuit challenges the absence of a law that allows substitution for independent candidates and does not argue on an existing law.

"Myers has a good chance of winning in this case," said Hasen.

Hasen said that if the decision of grant was not based on any legislation and was mainly and oversight, the state of South Dakota will have a hard time justifying discrimination against candidates who do not belong to any party.

Myers, who is represented by Sioux Falls lawyer Edward Welch, also asked the court to make the Secretary of State pay for his legal expenses.

The lawsuit said that by not granting the request of Myers to replace the name of his running mate on the ballot, the independent candidate was denied of the same statutory procedure provide to Democrats and Republicans.

"The denial fails the voters of South Dakota... and impairs the associated rights of ... independent candidates," Myers' lawsuit said.

TagsMike Myers, South Dakot Election, Independent Governor