Advocates of ballot questions and free speech can thank Senator Al Novstrup (R-3/Aberdeen) for bumbling his way into killing House Bill 1282, another attack on the people’s right to initiate and refer laws.
Prime-sponsored by Novstrup and Rep. Greg Jamison (R-12/Sioux Falls), HB 1282 was supposed to require any ballot question committee receiving more than $10,000 from an out-of-state donor to say “Paid for in-part with out-of-state money” in any print, broadcast, or phone advertising. On the Senate floor yesterday, Senator Novstrup offered an amendment exempting out-of-state companies with local presence, like Aberdeen manufacturer 3M, from HB 1282’s demands.
Senator Craig Kennedy (D-18/Yankton) noted that 3M files as a foreign corporation and Novstrup’s amendment appeared to defeat the purpose of the bill.
The Senate acceded to Novstrup’s amendment. Things went downhill for Novstrup and HB 1282 from there.
Senator Billie Sutton (D-21/Burke) asked if HB 1282 would require a ballot question committee that prints a whole bunch of flyers, then receives a surprise $10K-plus donation from an out-of-state entity, would have to trash all of those flyers and print new with the HB 1282 disclaimer. Novstrup said yes.
Senator Stace Nelson (R-19/Fulton) called that compelled trashing and compelled speech “tyranny.” Senator Deb Peters (R-9/Hartford), who hates Senator Nelson’s guts, stood and, to the great mirth of the chamber, gave Nelson kudos:
Senator Peters agreed that HB 1282 punishes ballot question committees for being smart and printing early and in bulk. She also said she could not support HB 1282’s imposition of a standard on ballot question committees that the Legislature was unwilling to impose on itself. (And that’s a key point: HB 1282 sought no such disclosure from candidates about their out-of-state money.)
Senator Novstrup babbled about values and New Jersey. The Senate then dropped the gavel on HB 1282, killing it 6–27. The only people voting for this doomed compelled speech were Republican Senators Novstrup, Bolin, Ewing, Greenfield, Maher, and Youngberg. That big loss is a remarkable flip from the House, which passed HB 1282 three weeks ago 49–16.
Novstrup has a thing for compelled speech. He got SB 110 through both chambers; the vile criminalization of free speech in that bill awaits the Governor’s signature. But at least the Senate had the wisdom to kill the compelled speech of HB 1282 yesterday.
I wasn’t feeling well and wasn’t going to speak; however, it looked like it was going to sail through…
Senator Nelson, thank you for playing through the pain. You and your colleague Senator Peters made the right call yesterday.
Thanks Stace. I always try to watch the Legislature live when I can, mostly for entertainment value, but I always like seeing you speak.
Without the amendment, which seems to neuter the intent of the bill, I’m not sure why this wouldn’t be a good idea. You aren’t banning the money from out of state, you are just requiring disclosure. Nothing wrong with that. I couldn’t imagine why any ballot committee would need or want to collect lots of bucks from out of state, but if they do, it doesn’t hurt a thing to make them disclose it in a way that anybody can see/hear it. I have to wonder who lobbied against this. You could probably exempt already printed material, and it would be relatively simple to re-dub the disclosure on radio, TV or social media spots/ads.
But I agree, they should apply this to candidates as well.
Sounds like Sen Peters bringing up that the legislature ought to impose the same on itself might have had a deciding factor in getting it killed. Just a mention that they ought to be as accountable as the citizens would have made lots of them sweat!