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IM 22 “Lawless” “Stick in the Eye” to South Dakota Voters

Last updated on 2021-09-11

Governing notices the South Dakota Legislature’s attack on people power (see all the bills here), particularly the effort to repeal Initiated Measure 22, the Anti-Corruption Act, with House Bill 1069, which one observer calls “lawlessness”:

“It’s a real stick in the eye of the people of South Dakota,” said Liz Kennedy, director of the democracy and government reform program at the liberal Center for American Progress. “It’s one thing when it’s a policy change like minimum wage, but this is the voters saying ‘our government is not working for us right now,’ and the government is saying ‘we reject the rules that you have imposed on us.'”

…”It’s pretty blatant, this attempt to shut down citizens’ voices and their role in direct democracy,” said Kellie Dupree, communications director for the Ballot Initiative Strategy Center, a progressive group that sponsors ballot measures. “You don’t get to decide which election results you’re going to accept. I would go so far as to say it’s lawlessness” [Alan Greenblatt, “Don’t Like the Ballot Measure Voters Approved? Just Ignore It, Some Lawmakers Say,” Governing, 2017.01.31].

It’s not just South Dakota getting bad press for legislative overreach. Apparently legislators in Maine and Arizona are also trying to nullify the will of their voters. That trend just isn’t cool:

…Catie Kelley, an attorney with the Campaign Legal Center, called the trend of overturning the will of the voters “disturbing” and suggested that lawmakers must think they’re safe for re-election and unaccountable to voters.

“The whole idea of having ballot initiatives is that there’s some vehicle for voters to move a policy if lawmakers are unwilling to move it themselves,” said Kelley. “If lawmakers are going to repeal it, or undermine it through the administrative process, it’s really a lost tool for voters” [Greenblatt, 2017.01.31].

Let’s get our democratic act together. All legitimate power derives from the people. For a legislature to negate the people’s will, expressed fairly in an election, is to undermine the sole source of that legislature’s legitimacy. Let’s put the brakes on all the efforts the South Dakota Legislature is making to foul initiative and referendum and get back to legislative respect for the people at whose pleasure they serve.

19 Comments

  1. Porter Lansing

    The majority in Pierre is still acting like USA’s not watching. You know, like before the internet. Overturning the will of the voters when the majority of the voters are from your OWN political party can’t be tolerated. THROW THE BUMS OUT!!

  2. Troy

    CH,

    You are hilarious. The ultimate in “lawlessness” and “banana republicanism” is asserting ANYONE should expect the enforcement of laws deemed unconstitutional. Rather than continually taking such intellectually dishonest political shots, integrity would be clamoring for a quick appeal response from the SD Supreme Court. Such action by the Supreme Court would:

    1) Give you credibility on your primary argument against the GOP legislators or
    2) Give Democrat Legislators clear direction to propose bills to implement what you believe is the will of the people.

    But this is basically just playing political games. You claim you and your party are ready for prime time. Act like it.

  3. Porter Lansing

    Political advice from Troy Jones is deceptive, misleading and the thought of listening to him is “hilarious”. What power do Democrats have if they clamor? None. Only by ridiculing Republicans will action be taken by the voter.

  4. Troy

    Porter,

    I am more than ok with the SDDP and national party staying the course. The recent announcement SDDP is reserving its funds for initiated measures, etc. is exactly what I prescribe for the SDDP.

  5. Donald Pay

    It would be great to see these crooks perp walked on 60 Minutes

  6. Porter Lansing

    Troy Jones,

    Do you remember when you told the group that when you were in Pierre testifying as an expert on something that no legislator would listen to you? That was because your statements are unbelievable, self-serving and incredible. Does SDDP ask you often for advice? Just wondering.

  7. Troy

    Porter,

    That last statement explains your constant confusion where you remember what you want regardless of what is said or done.

    I’ll leave you hanging on the last question.

  8. Roger Cornelius

    South Dakotans that voted for and believe in IM22 are being defrauded by this republican legislature.
    We can not wait for the next election cycle to clean up the mess created by republicans.
    Is there any possibility that the ‘people’ supporting IM22 to file a class action lawsuit against this republican legislature for violating their wishes?

  9. Lanny V Stricherz

    Porter Lansing, I don’t know why you would have a hard time believing that the legislators wouldn’t listen to Troy. They don’t listen to me. Do they listen to you? They sure as hell did not listen to the 51% majority of the voters who approved IM22 in November.

  10. grudznick

    The IM #22 clearly is lawless. It is against the highest law of the land, our constitution, in so many ways. And it is a stick in the eye of South Dakota voters who were duped and hoodwinked by heinous out-of-state big-dark-money interests, tricked into voting for the abomination. The IM #22 certainly is a lawless stick in the eye, poked all the way from Massachusetts, to all good South Dakotans.

  11. gtr

    Sure does seem that Grudz can’t get over out of state money. How about putting that anger to work and help get Citizen’s United overturned so that “Out-of-State” money you pretend to not like is actually banned or reduced from coming into any state. But as you already know “Grudz” is that IM22 was backed by South Dakotan’s who want an ethics committee in our Great State.

    Troy-51.6% of the voters is the will of the people in passing IM22, not what CH believes is the case. He is just stating a fact, not your “Alternate Fact”, but nice try.

  12. Darin Larson

    Grudz, didn’t the out of state Koch brothers spend $625,000 trying to defeat IM22?

  13. Porter Lansing

    And, Darin. Every dollar Koch’s donate costs them two dollars, due to overhead. So they really spent a million two. Money is money. Out of state influence is an invalid argument that comes from fear of the unknown. Man up, majority.

  14. Troy

    GTR,

    The will of 99% of the people (much less 51.6%) can’t be enforced in violation of the Constitution. To expect as much is an expectation that minority rights and protections are non-existent.

    The Democrats should be learning some lessons.

    1). They changed the filibuster rules so they wouldn’t have to work with minority Republicans because they thought they would control the Senate forever. Now they regret it.

    2). They ruled by Executive Order instead of going through Congress because they thought they would control the WhiteHouse forever. Now they regret it.

    South Dakota is a heavy GOP state and has been one for a long time. The best protections for the minority is the Constitution. The willingness of Democrats to disregard the Constitution so much on one issue when it is your long term best protection is also short-sighted as is so many of your recent approaches on initiatives and referendums.

  15. mike from iowa

    1). They changed the filibuster rules so they wouldn’t have to work with minority Republicans because they thought they would control the Senate forever. Now they regret it.

    Dems changed the rule because they were fed u with spoiled little wingnut babies filibustering every judicial nominee. There are over a hundred spots to fill that nutjobs claim didn’t need to be filled. Now wingnuts have control you can bet every one will be filled with an anal retentive POS wingnut ideologue and the first time Dems try to filibuster, the nuke option will be used.

    This last congress filled the least number of vacancies since 1952. ####ing bastards! And now we have another right wing religious zealot in line for the Scotus that should have been Garland’s sea! Gosuck for the scotus is another right wing extremist ideologue. Wingnuts don’t even pretend to look for impartial jurists. They have a list of litmus tests a mile long.

  16. SweetPea

    Grudznik
    Lawless!! Do you or anyone else realize that South Dakota is ranked in the top 10 US states for “Corruption”? That is not an honor to be proud of! And we keep electing the same crooks back in to office!!!! “Wake Up” people!!

  17. gtr

    Troy, you are going to be just like the Donald for not commenting on the 1 item I challenged you on. IM22 was passed by 51.6% of the South Dakota voters, your neighbors and mine. If you want to completely ignore that fact be my guest and throw your little Trump tizzy fit if that fact doesn’t fit your alternate view on things. You left out some very important parts of your attempted rebuttal of IM22. That your party wants to go to an emergency measure to undo the whole measure and write some crazy rules that it can’t ever be brought up again. If that’s you’re view of the land of the free then I feel sorry for you. If the state Republican party wanted to really do what you say, then they would work within the measure and tweak it and not gut it.

  18. Mike Boswell

    Way to go to the Legislature on dumping IM22. Unfortunately Stace Nelson got to make his two cents. Known. Can’t play well with others.

  19. grudznick

    Soon, should the Governor sign it that law bill, The IM #22 will not be a law and will in fact be, lawless. It was an unconstitutional and sloppily written measure foisted on voters by big-out-of-state dark-money and lies. Sloppy, sloppy, sloppy, and even every single Libbie in the legislatures admitted it was a sloppy mess. Young Ms. Soli even said that it was a shame that Mr. Weiland couldn’t bother to show up and take questions. She shamed him the way Mr. Nelson shamed Mr. Wollmann.

    I expect Mr. Nelson will be thumping his rule book about extensively, and his first fillibustering will come next week when he reads the Argus Leader want ads repeatedly on the floors.

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