Lee Strubinger talked to me today about my failure to refer House Bill 1094, the petition circulator registry and badging requirement that will take effect on July 1, 2020, to a public vote. I told Lee I trusted him to pick the best line or two out of the 20+ minutes of audio I gave him. He didn’t do too badly:
Heidelberger says House Bill 1094—the law passed this last session—is unconstitutional. He points to case law out of Colorado about anonymity of circulators and violations of prior restraint.
“The fight over circulation badges and the registry is not over,” Heidelberger says. “A law this patently oppressive and unconstitutional cannot be allowed to stand. I will continue to look for avenues through which we can overturn this egregiously oppressive and unconstitutional law” [Lee Strubinger, “SD Blogger Considering Options to Overturn New Circulator Law,” SDPB Radio, 2019.06.28].
…avenues like this new initiative, just reviewed by the LRC and submitted in final form to the LRC and Attorney General for review, explanation, and fiscal note this afternoon:
Chapter 14 of the 2019 Session Laws is House Bill 1094. And that’s the shortest initiative I’ve ever written.
I have a lot to say about this… but let me survey you, dear readers, first. There’s the initiative text. Does it work… and how will it work in conjunction with our People Power Initiative?
My first initiative petition remains in circulation, and I remain committed to placing it on the ballot… alongside this new initiative, once we get the Attorney General’s title and explanation and can print out our circulator forms and residency affidavits.
So, circulators: who wants to come work the State Fair?
I have the time and I’d love to circulate petitions, except, well, you know . . .
Damn. 😖
Debbo, courts in other states have struck down residency restrictions on petition circulators, and South Dakota did just see a landmark ruling throwing out residency restrictions on financial support for ballot measure campaigns. You could engage in a small act of civil disobedience that would lead to throwing out South Dakota’s unconstitutional behavior… or you could end up costing me a civil penalty of $5,000. What’s your inclination? :-)
While this is a simple one word measure nearly all voters will see it and wonder what is being repealed, despite claiming libertarian tendencies South Dakotans love regulations and control, in some cases the more the better. You better have a SHORT and persuasive ballot explanation at the ready.
Do it, Ms. Geelsdottir. Do it!!!
Plus, the state fair in Huron is better than the state fair in St. Paul. Of course I might be biased. I am an actual South Dakotan.
I do have a short and persuasive explanation ready, Nick. The one-liner for the street and radio is, “We’re repealing the bureaucracy and paperwork the Legislature is using to kill your right to petition and you chance to vote on important issues.”
For the ballot pamphlet explanation, I’ll offer something like this:
Suggestions?
That’s good Cory. I like your one-liner especially.
The South Dakota State Fair is superior to the Minnesota State Fair as a place to gather signatures for South Dakota ballot measures. Care to join me at the petition table in Huron, Grudz? Send me your email and phone number, and I’ll sign you up with the SOS to circulate.
The difficulty getting these 17,000 signatures speaks louder than words for the success of the REPUBLICAN “gerrymandering of constitutional citizen I/R rights. What paragraph number contains this sacred right?
Compare it to the bloodthirsty 2d amend.