South Dakota ballot initiative news
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Ballot news stories from South Dakota.
South Dakota smoking referendum approved for 2010 ballot
PIERRE, South Dakota: The South Dakota Smoking Ban Referendum will appear on the 2010 statewide ballot, after last week's ruling by Circuit Court Judge Kathleen Trandahl. According to Attorney General Marty Jackley and Secretary of State Chris Nelson the state will not appeal the court's decision.[1] Judge Trandahl ruled that referendum supporters had 240 more signatures than the minimum signature requirement.[2]
Previously, Nelson ruled that the group was short 221 signatures. A total of 25,400 petition signatures had been submitted. After an appeal by referendum supporters, the secretary of state further reviewed the signatures. In early November, Nelson ruled that supporters were still shy 61 signatures of the 16,776 minimum requirement to move the measure to the ballot.[3]
Six states propose marijuana measures amid a rise in support
Arizona, California, Florida, Minnesota, Oregon, South Dakota: Thus far six states throughout the country have proposed a total of six marijuana related measures for the 2010 ballot. The propositions follow the approval of Maine's Question 5, a measure that proposed creating nonprofit dispensaries to help patients get a safe supply of their medicine. It also proposed establishing a statewide ID card system to protect patients from arrest.
Shortly after the approval of Question 5, the American Medical Association announced that they reversed their position on marijuana. Additionally, the association has since urged the federal government to remove marijuana from Schedule One of the Controlled Substances Act.[4] According to a Gallup poll, support for marijuana has increased. In October 2009, they reported 44% of Americans were in favor of full legalization of marijuana, compared to 31% in 2000.[5]
South Dakota smoking referendum eligible for ballot, signatures to be reviewed
PIERRE, South Dakota: After much debate the proposed South Dakota Smoking Ban Referendum is eligible for the 2010 statewide ballot, ruled Circuit Judge Kathleen Trandahl. However, the issue regarding the number of valid signatures remains to be resolved. However, according to reports Judge Trandahl's final decision is expected to be appealed to the South Dakota Supreme Court.[6]
Signature requirements:
- Required: 16,776
- Filed: 25,400
- Invalid: 8,845 (as of July 23)
- Invalid, after review: approximately 8,685 (as of November 2)
South Dakota judge to rule on legality of smoking ban referendum
PIERRE, South Dakota: Later this week Circuit Judge Kathleen Trandahl will be hearing and ruling on the legality of the proposed South Dakota Ban Referendum, which is expected to appear on the 2010 ballot. The measure, if approved, would ask voters to veto the expanded smoking ban that was set to begin July 1, 2009. The American Cancer Society is claiming that South Dakota’s expanded smoking-ban law can’t be referred to a public vote because it would violate the state constitution because "it is necessary for the immediate preservation of public health."[7]
If the measure is approved for the ballot, the controversy regarding the number of valid submitted signatures will be discussed in court. Previously, Secretary of State Chris Nelson ruled that the group was short 221 signatures. A total of 25,400 petition signatures had been submitted. After an appeal by the group, the secretary of state further reviewed the signatures. Last week, he ruled that supporters are shy 61 signatures of the 16,776 minimum requirement to move the measure to the ballot.[8]
South Dakotans propose amending stem cell research limits
PIERRE, South Dakota: South Dakotans are proposing the South Dakota Embryonic Stem Cell Research Measure for the 2010 statewide ballot.[9] The proposed measure seeks to ease restrictions on stem cell research.[10] It is supported by former state Treasurer David Volk, a cancer survivor. In support of the measure, Volk has created a group called South Dakotans for Lifesaving Cures. Volk said that he wants the state's regulations on funding stem cell research to be thrown out.[11] Abortion opponent, Rep. Roger Hunt said that the measure is likely to see "considerable opposition" and predicts that the South Dakota Legislature may even address the issue in session.[10]
If petition language is approved, supporters will have to collect a minimum of 6,776 valid signatures by April 6, 2010.
South Dakota secret ballot measure petition dropped
PIERRE, South Dakota: A petition campaign to place a measure on the 2010 ballot in South Dakota aimed at protecting the right to secret ballots in union elections was dropped this past week. Instead secret ballot supporters have decided to pursue a different route to place the measure on the ballot - the the state legislature. Matt Konenkamp, a spokesman for Save Our Secret Ballots South Dakota, said,"The petition drive was going very well. We saw the complications the smoking-ban people ran into, and we didn't want to spend our resources fighting something like that."[12]
The same initiative has been filed in Arizona, Arkansas, Missouri, Nevada, and Utah. Currently, legislation, also known as the Employee Free Choice Act, is pending before the United States Congress that would remove that requirement from federal law.
South Dakota smoking ban heads to court next week
PIERRE, South Dakota: A court hearing is scheduled for August 24, 2009 to begin discussing the smoking ban dispute.[13] The dispute arose after South Dakota citizens began a campaign to place the South Dakota Smoking Ban Referendum (2010) on the November 2010 ballot. The measure, if approved, would ask voters to veto the expanded smoking ban that was set to begin July 1, 2009 on the November 2010 ballot. The American Cancer Society is claiming, in newly-filed court papers, that South Dakota’s expanded smoking-ban law can’t be referred to a public vote because it would violate the state constitution.[14]
Below is a brief overview of the events surrounding the smoking ban dispute:
- June 22, 2009: Referendum supporters submitted 25,000 signatures
- July 1, 2009: Smoking ban scheduled to go into effect
- July 6, 2009: Smoking ban referendum challenged
- July 23, 2009: Smoking ban referendum short 221 signatures
- July 27, 2009: Circuit judge delays the smoking ban from going into effect
South Dakota Circuit Judge delays smoking ban
South Dakota: Earlier this week, Circuit Judge Mark Barnett placed a hold on South Dakota's expanded smoking ban until a lawsuit regarding the South Dakota Smoking Ban Referendum is settled.[15] Shortly after Secretary of State Chris Nelson announced that petition supporters hadn't collected enough signatures to place the measure on the ballot, petition requested a court order to place the referendum on the ballot. The court order was requested by Mike Trucano of Deadwood, Don Rose and Pete Thompson of Sioux Falls, and Mark O’Neill of Henry.[16]Opponents argue that as many as 2,000 signature's are invalid because of an incorrect expiration date. Supporters, however, argue that it was merely a "clerical error."[17]
Last week, Nelson announced that petition supporters fell short about 221 signatures after the signatures were challenged by South Dakota Tobacco-Free Kids Network, opponents of the referendum. Prior to the challenge Nelson reported that enough signatures had been collected to place the measure on the 2010 ballot.
Smoking ban referendum short by 221 signatures
South Dakota: On Thursday, July 23, Secretary of State Chris Nelson said that supporters of the South Dakota Smoking Ban Referendum had fallen short of their signature goal by 221 signatures and that, as a result, he would not certify the measure for the ballot.[18]
Opponents of a smoking ban passed by the South Dakota State Legislature earlier this year had attempted to collect enough signatures to force the ban to a public vote. The legislative act banned smoking in bars, Deadwood casinos and video lottery establishments.
Ban opponents are now expected to file a lawsuit challenging Nelson's determination of insufficient signatures.
- Number of signatures required: 16,776
- Number of signatures filed: 25,400
- Number of signatures said by Secretary of State to be invalid: 8,845
Spotlight on South Dakota Secretary of State amidst possible referendum
PIERRE, South Dakota: As South Dakota Secretary of State Chris Nelson considers a run for the U.S. House of Representatives, statewide issues continue to shine more light on the Mitchell native.[19]
Residents opposing a statewide smoking ban are waiting for the Secretary's office to veryify approximately 10,000 petition signatures. Signatures were turned in to Nelson's office in order to send the law to a statewide vote, which could appear on the South Dakota ballot as early as November 2010. The petition was challenged, which lead to the current verification process, and Nelson is unsure how long that would take to complete.
According to Nelson: “I know both sides of the measure are anxious for it to conclude.”
Brookings County special election less than a month away
BROOKINGS COUNTY, South Dakota: The Brookings County special election will be held on Tuesday, August 11, 2009. However, on this week county officials announced that ballots had already arrived for early and absentee voting. From now until August 11, Brookings County voters can stop by the Brookings County Courthouse during regular business hours to cast their votes. Alternatively, voters can wait until August 11 to cast their vote.[20]
Voters will vote on one ballot measure:
- Brookings County Parking Referendum:asks voters to decide whether the Brookings County Commission's May 12th decision to purchase 702 and 704 Fourth St. and turn the properties into a parking lot should proceed as planned.
South Dakota group petitions for marijuana vote
South Dakota: The South Dakota Legislature might have decided against legalized marijuana in 2009 but for the South Dakota Coalition for Compassion, South Dakotans for Safe Access and marijuana supporters say that isn't the end of the issue. This year the groups began circulating a petition in an attempt to gather enough signatures to bring the legalization of marijuana to the November ballot in 2010. The proposal specifically calls for the legalization of marijuana for people with cancer and other diseases.[21]
The groups are comprised of doctors, some law enforcement and volunteers. In order to qualify the petition for the ballot, supporters are required to gather at least 17,000 signatures. It is reported that to date they have collected a total of 5,000 signatures. They have until April 2010 to collect enough signatures.
“They're simply asking for protection from the state because right now, our law wants to send them to prison and they're not criminals. They're just seeking relief,” said Emmett Reistroffer, an initiative supporter. Others, however, disagree with the group and Reistroffer's proposal. Opponents argue that should the proposal be voted into law it would only cause more problems for law enforcement.[22]
In 2006, a similar medical marijuana measure failed to pass. South Dakota voters rejected the proposal by 52.3%. Previously, in 2002, voters voted on the legalization of hemp, that also failed to pass. Should voters change the trend by voting in favor of the proposed 2010 measure, South Dakota would join 14 other states in having some form of legalized marijuana.
South Dakota smoking referendum challenged
South Dakota: Last week, opponents of the 2010 smoking ban referendum filed a challenge to referendum petition signatures only days after the referendum petition was submitted and signatures were certified. The South Dakota Tobacco-Free Kids Network, an opponent of the referendum, said that during a five-day audit of the submitted signatures they discovered that 39% of the signatures were not by valid registered voters.[23] The challenge marks not only the possible block of a controversial issue from the 2010 state ballot but also the first time a group is challenging a petition to put an issue on a statewide ballot.[24] In order to place the measure on the ballot 16,776 valid signatures are required. Referendum supporters submitted submitted 25,000 on June 22, 2009.
In light of the challenge on Monday, July 6, 2009, the Secretary of State's office will begin to review the approximately 10,000 challenged signatures. The review is expected to take weeks. However, should the signatures be found to be invalid, Secretary of State Chris Nelson will have to consult with Attorney General Larry Long to determine what to do next. "I think it's a fascinating part of what our election process is and it will be interesting to see what happens in the next few weeks," said Deputy Secretary of State Teresa Bray.[24]
If the signatures are found to be valid, however, Allen Nord, chairman of the South Dakota Tobacco Free Kids Network, said, "If he approves the petition and can verify that they actually have the number needed, then we are very willing to follow that and we will prepare for an election in November of 2010."[23]
Originally the expanded state smoking ban, approved earlier this year, was supposed to go into effect on July 1, 2009 but the approved petition halted the ban.
South Dakota petition delays indoor-smoking ban
South Dakota: Opponents of an expanded smoking ban extended have collected enough signatures to temporarily block its implementation and put the issue to a vote next November. South Dakota Secretary of State Chris Nelson said that of the roughly 25,000 signatures handed in, 5 percent were randomly sampled to assure they were legitimate. Based on the review, 18,320 signatures were certified, clearing them of the 16,776 signature requirement to get on the ballot.[25] The measure, which was to have taken effect on July 1, extends a 2002 smoking ban in public places and workplaces to bars, casinos, and video lottery establishments.
Despite the official review, supporters of the ban are not satisfied. Jennifer Stalley, South Dakota government relations director for the American Cancer Society and a proponent of the ban, said a group is making copies of the initiative to ensure each and every signature is valid. Allen Nord, who is chairman of the South Dakota Tobacco Free Kids Network and is working on further signature verification, made it clear that this isn't indicative of any mistrust directed towards the secretary of state or the organizers of this petition: "Because...polls show the vast majority of South Dakota voters want to go smoke free, a possible 16 month delay requires careful consideration. We fully respect our opponents' right to use the referendum process and hope they respect our right to use that same process to its fullest by ensuring the signatures gathered are valid."[26]
The possibility of some sort of compromise, however, is not done with. Larry Mann, coordinator of the initiative petition, said he might consider less extreme possibilities than simply allowing people to smoke. One would be to separate a restaurant and bar-lounge with an actual wall. Despite this slim hope of reconciliation, both sides made clear that they're prepared to transition into campaign mode quickly and have people vote on it.
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