Author: @SoDakCampaigns

Bosworth attorney: Appeal to SD Supreme Court coming

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Here we go again! From AP/Brookings Radio News:

An attorney for a former South Dakota U.S. Senate candidate who has been convicted of felony election law violations says they plan to appeal to the state Supreme Court. Bob Van Norman, an attorney for Sioux Falls physician Annette Bosworth, said Thursday they plan to appeal after her planned July sentencing.

and…

Van Norman says Bosworth is “devastated.”

Read it here.

Ugh. Can we get off this carnival ride already?

Jackley on proposed sentence: “No jail” could “be overcome by the defendant’s conduct.”

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From the Argus Leader, it sounds as if Bosworth is on notice that her behavior matters, and that she isn’t guaranteed no jail time:

Her medical license could be jeopardized. She faces a maximum punishment of 24 years in prison and $48,000 in fines.

Marty JackleyAttorney General Marty Jackley said prosecutors will review mitigating and aggravating circumstances before making a sentencing recommendation.

“Under South Dakota law, non-violent felonies such as these carry a presumption of no or limited actual jail time,” Jackley told The Associated Press. “The presumption may be overcome by the defendant’s conduct.”

Jackley said one mitigating factor would be if Bosworth accepted responsibility.

Read it here.

With Marty noting that there’s a presumption of no jail time, and the fact that a $48,000 fine might be chump change for someone raising money nationally, is jail time necessary to make an impactful statement that such behavior won’t be tolerated?

5 questions with…… District 25 State Senator Scott Fiegen

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Coming as the second in a pair of recent legislative appointments from Governor Dennis Daugaard, State Senator Scott Fiegen is no stranger to government. Scott_fiegen

According to his bio, the replacement for outgoing District 25 Senator Fiegen has been serving as the mayor of Dell Rapids. After serving as a city alderman from 1998 to 2001, Scott Fiegen served as mayor from 2001 to 2007 and returned to the office in 2009. He works as director of software engineering for Meta Payment Systems in Sioux Falls.

Also according to his bio, Fiegen and his wife, Teri, have two grown children. They have been actively involved in their community and attend St. Mary Catholic Church in Dell Rapids.

That’s all standard biography material, so let’s dig a little deeper and find out more. And please enjoy 5 questions with ……………. Republican State Senator Scott Fiegen:

1. Can you give us a brief rundown of what in your background you believe has prepared you best for serving in the state legislature?

I have served as an alderman on the Dell Rapids City Council from 1998 thru 2001. I have served as the mayor of Dell Rapids from 2001 thru 2007 and 2009 thru the present. This gives me the perspective of both the legislative and executive side of government. I have been meeting with other mayors for several years, which has allowed us to share issues facing our community. Through this experience I have learned what is needed in the communities I represent.

2. With your appointment to the office by the Governor, you were quickly thrown into elections for caucus leadership. Was the process anything like you’d would have anticipated?

I think it was much more relaxed than I thought it would be. All of the Senators were very friendly and welcoming.

3. A lot of times, people have an opinion of GOP State Senators, that they can check off a list of where they stand on certain issues, and anticipate how they’ll vote. Are there any issues where you might stand apart from a majority, or that people might be surprised to learn?

This was a tough one. I think I stand firmly on traditional GOP issues, but I like to think I have an opened mind. I would say abortion is a possible issue. I do not believe in abortion. The federal government ruled on the legality of abortion with Roe vs. Wade in 1973 and has upheld it all these years. Because of the federal government ruling I don’t think the state should pass legislation we know will be overturned and waste taxpayer dollars.

4. Are there any specific issues or areas that you anticipate focusing your energies on during the upcoming legislative session? What committees are you hoping to serve on?

I am not going into the office with any preconceived notions. I will focus on small government, no unnecessary taxes or legislation. I will also focus on municipal government issues. As far as committees, I would have an interest in serving on local government and taxation. I would also be interested in government operations & audit, judiciary and legislative procedure. I guess I will have to wait and see where they place me.

5. If it’s not referred by the voters, a change in state law this year could have you collecting petition signatures in December, and starting out your 2016 political campaign before you travel to Pierre for your first session. How are you preparing your first race as a Republican candidate for State Senate?

My plan is to speak to former Senator Tim Rave and ask him many questions. I will also speak to others I know within the legislature for advice. The rest I will figure out as I get closer to the race.

 

And those are our 5 questions with District 25 State Senator Scott Fiegen. What do you think?

Jackley: Hughes County Jury Convicts Bosworth of Election Law Violations

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Hughes County Jury Convicts Bosworth of Election Law Violations

PIERRE – Attorney General Marty Jackley announced today that a Hughes County jury has found Annette Marty JackleyBosworth, 43, Sioux Falls, guilty of 6 counts of offering false or forged instrument for filing and 6 counts of perjury.

All counts are class 6 felonies punishable by a maximum sentence of 2 years imprisonment and/or $4,000 fine.

“I want to thank our citizen jurors for their service, the prosecutors and the witnesses for preserving the integrity of our election process in South Dakota,” said Jackley.

Bosworth was indicted in June 19, 2014, on multiple counts of perjury and filing false election documents for attesting to voter signatures for her nomination petitions for United States Senate while she was out of the country.

The case is being investigated by the Division of Criminal Investigation and prosecuted by the Attorney General’s Office.

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Boz GUILTY!

@SoDakCampaigns

I was trying to listen while at and end of year soirée with my better half, but it sounds as if Bosworth was found guilty on all, it not most of the counts leveled against her.

A plus for her, it sounds as if she doesn’t have to get the perp walk, and is free until her sentencing in July. Bad for Boz, sounds like they might be requesting that she turning over her passport.

Attorney General Explanations Released for Initiative Petitions Relating to Maximum Finance Charges and Constitutional Amendment to Referendum and Initiative Process

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PIERRE, S.D.- South Dakota Attorney General Marty Jackley announced today that two Attorney General Explanations for initiated measures have been filed with the Secretary of State. These statements will appear on petitions that will be circulated by the sponsors of the measures. If the sponsors obtain a sufficient number of signatures (13,871) on the petitions by November 8, 2015, as certified by the Secretary of State, the measures will be placed on the ballot for the November 2016 general election. 1. An initiated measure to set a maximum finance charge for certain licensed money lenders.

2. An initiated amendment to the South Dakota Constitution to allow referral of state and municipal laws affecting public peace, health, safety and the support of government and also to limit the ability to amend or repeal initiated laws.

Under South Dakota law, the Attorney General is responsible for preparing explanations for proposed initiated measures, referred laws, and South Dakota Constitutional Amendments. Specifically, the explanation includes a title, an objective, clear and simple summary of the purpose and effect of the proposed measure and a description of the legal consequences. It is anticipated that additional Attorney General Explanations for initiated measures will be filed in the near future.

To view the Attorney General Explanations for the measures, as well as the final form of the measures submitted to this office, please click on the link below:

http://atg.sd.gov/LinkClick.aspx?fileticket=qgOrPY9ZC18%3d&tabid=442

(Or, you can view here: )

2015 Initiated Measure to Set a Maximum Finance Charge

Final WOTUS Rule Represents One of the Largest Federal Land Grabs in History, Says Noem

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noem press header

Final WOTUS Rule Represents One of the Largest Federal Land Grabs in History, Says Noem

kristi noem headshot May 21 2014Washington, D.C. – Representative Kristi Noem today expressed deep disappointment with the Environmental Protection Agency’s (EPA) final “Waters of the United States” (WOTUS) ruling.  The ruling could greatly expand the federal government’s control over small and seasonal bodies of water throughout South Dakota and the country.  Click here to view a map of how extensive the control could be in South Dakota.

“Today’s announcement represents one of the largest federal land grabs in United States history,” said Noem.  “Small ditches that flow through our backyards, prairie potholes, and streams that only run during heavy rains could now be subject to Clean Water Act regulations, meaning everyday tasks like spraying your lawn for mosquitos or your crops for disease could potentially require new federal permits.  And if the landowner falls out of compliance, penalties could cost more than $30,000 per day.  Despite significant public outcry, the administration is trying to jam this massive expansion of federal power through, further eroding private property rights.  They must reverse course.”

Earlier this month, Rep. Noem helped the U.S. House of Representatives pass the bipartisan H.R. 1732, the Regulatory Integrity Protection Act of 2015, which would send the Environmental Protection Agency (EPA) and the Army Corps of Engineers back to the drawing board on the WOTUS rule.

“This isn’t the end of the road,” continued Noem.  “The House has already passed bipartisan legislation that would ditch this rule and send the EPA back to the drawing board.  I strongly urge the Senate to move quickly and pass similar legislation as well.”

Noem has also called on the EPA to define regulated navigable waters on a map after an alarming graphic was released that has raised questions about how extensive the EPA’s regulatory authority could become.  Read more and view the graphic here.

Additionally, in May 2014, Rep. Noem joined 231 Members of Congress from both sides of the aisle on a letter urging the EPA and the Secretary of the Army to withdraw the proposed rule.

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Thune Denounces EPA Power Grab Over Private Land

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thuneheadernew

Thune Denounces EPA Power Grab Over Private Land   

“The Obama administration is forgoing the consent of Congress and the courts in a never-ending effort to extend its power and stifle economic growth in the process …”

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.) today criticized a sweeping regulation from the Obama administration, saying the Environmental Protection Agency’s final “waters of the United States” rule is yet another power grab by an administration that has established a pattern of acting unilaterally:

“Yet again, the Obama administration is forgoing the consent of Congress and the courts in a never-ending effort to extend its power and stifle economic growth in the process. The administration appears to have no regard for the fact that this expansion will hurt hard-working Americans and South Dakotans – men and women who cannot afford the additional permit application expenses, compliance costs, and threats of significant fines.

“States like South Dakota have a strong interest in protecting and preserving their water resources, which are the lifeblood of our agricultural, hunting, and tourism sectors, yet I am especially concerned that the restrictions regarding prairie potholes will mean greater regulatory restrictions in eastern South Dakota, the heart of the Prairie Pothole Region.  Not only is this rule another example of the Obama administration’s federal overreach, but we’ve also seen alarming evidence that suggests the EPA influenced the public comment period using questionable practices. The Obama administration has hit our nation and South Dakota with yet another devastating blow, but I will continue to work with my colleagues to do whatever is possible to block these heavy-handed EPA regulations,” said Thune.

The final rule includes broad new definitions of the scope of “waters of the United States” that fall under the jurisdiction of the Clean Water Act of 1972. The final rule could apply to countless small wetlands, creeks, stock ponds, and ditches that are typically regulated at the state level, which would have significant economic impacts for property owners hit with new federal permits, compliance costs, and threats of significant fines.

Thune is a co-sponsor of legislation to block the EPA’s power grab. Previously, Thune joined several of his Republican House and Senate colleagues in sending a letter to Environmental Protection Agency (EPA) Administrator Gina McCarthy regarding his opposition to the EPA’s efforts to expand its regulatory authority under the Clean Water Act. That letter can be read here.

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Jackley: U.S. Court of Appeals Denies Stay of Preliminary Injunction in State Challenge to Presidential Executive Order Powers on Immigration

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U.S. Court of Appeals Denies Stay of Preliminary Injunction in State Challenge to Presidential Executive Order Powers on Immigration

PIERRE, S.D. – Attorney General Marty Jackley announced on Tuesday that U.S. 5th Circuit Court of Appeals has denied the Obama administration’s request to begin implementation of his suspension of immigration laws. South Dakota joined 26 State Attorneys General and Governors in December 2014 in a lawsuit challenging the executive action set forth by President Obama, which exceeds his authority on immigration reform.

“This case is about following the rule of law. The President’s unilateral action would have forced the States to expend substantial resources on law enforcement, healthcare, and education without any voice. It is time for Washington to have a meaningful discussion on immigration reform that addresses the workforce needs of the States and immigrants as well as our national security,” said Jackley.

On November 20, 2014, the President of the United States announced that he would unilaterally suspend immigration laws as applied to 4 million of the 11 million undocumented immigrants in the United States. In addition, the Secretary for the Department of Homeland Security (DHS) issued a directive that legalizes the presence of approximately 40% of the known undocumented immigrant population, and afford them legal rights and benefits. The Federal Court has enjoined the President from “implementing any and all aspects or phases of the expansions.”

The States argued the President was abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and attempting to rewrite laws, which he had no authority to do – something the President himself had previously admitted. This executive action conflicts with the President’s constitutional duty to “take care that the laws be faithfully executed.” There was no cost to South Dakota in joining the State challenge which was led by Texas Attorney General.

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