Category: Uncategorized

South Dakota Joins to Protect Private Property Rights from Federal Prairie Dog Protections

PIERRE, S.D – Attorney General Marty Jackley announces that South Dakota has joined 7 other states in an amicus or “friend of the court” brief to support asking the U.S. 10th Circuit Court of Appeals to uphold a ruling striking down federal protections for the Utah prairie dog on private property.

“The States have historically managed the wildlife within their borders. Federal regulation of the white or black-tailed prairie dogs on state, local or private land encroaches on powers reserved to the States under the 10th Amendment and individual property rights,” said Jackley.

The States’ brief takes the position that federal regulation of the Utah prairie dog on private lands violates the Constitution, and that the state of Utah has the authority to manage wildlife within its borders. The States argue that Utah’s rural communities are hurt by the “uncontrolled proliferation” of the Utah prairie dog.

Prairie dogs belong to the Sciuridae family of rodents. There are five species of prairie dogs native to North America. The Utah prairie dog is a member of the white-tailed group.

South Dakota is home to the black-tailed prairie dog that is currently listed by federal authorities as a candidate for listing under the Endangered Species Act.

U.S. District Court had ruled in favor of state control by determining that federal rules protecting the threatened species were allowing prairie dogs to overtake a town.

The property owners from Utah said the small, burrowing animals damaged the airport and cemetery and interrupted funerals with their barking.

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Was great to see Sioux Falls mayor Mike Huether in DC today at the American Small Business Summit! pic.twitter.com/d8eCDaEuJw

— Augie Republicans (@AugieCRs) June 8, 2015

I had a note from Eric Leggett on Friday to make note of his intent to run for the Open seat in his district in the 2016 races. 

That would have him as a candidate for Pat Kirschman’s District 15 House Seat. Kirschman is ineligible to run again due to term limits. 

Leggett was an unsuccessful independent candidate for that office in 2014, and I anticipate he’ll run as an Indy for the office again. It’s not like District 15 hasn’t elected Indys before. That’s where Jenna Haggar got her start!

I suspect Eric learned a lot on his first run, and will fare much better his second time out. Good luck!

(And keep those e-mails of intention coming!)

U.S. Senate Candidate Clayton Walker’s Appeal to U.S. 8th Circuit Court of Appeals Dismissed

PIERRE, S.D – Attorney General Marty Jackley announced today the U.S. 8th Circuit Court of Appeals affirmed the Federal District Court decision dismissing Clayton G. Walker’s lawsuit to be placed on the November 2014 ballot as an independent candidate for United States Senate. Walker was indicted on June 17, 2014 for state election law violations.

The Court ruled that the State’s nominating-petition deadline and signature requirement did not burden Walker’s associational rights, and were reasonable restrictions that advanced important State interests.
In October 2014, Walker argued that South Dakota’s petition requirements were unconstitutional and that petition filing deadline of April was too early. Federal District Court Judge Lawrence L. Piersol had ruled that Walker was not entitled to an injunction and that South Dakota petition requirements were constitutional and dismissed his case.

A trial date has been set for July 20 in Hughes County. Walker is presumed innocent until such time as proven guilty.

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Do you have your tickets to the Eagles tonight? Because I’m hearing it’s sold out.

Any SDWC readers going?  Give a shout out!

From comments under the Argus Leader Hickey article:

That’s Annette Bosworth’s sister asking for a Gubernatorial pardon. And she’s completely wrong about “no one in the History of America has ever been prosecuted for a felony charge of nominating petitions.”

Somehow, I don’t think the #PardonBoz movement is going to pick up much steam.

Candidates – There’s a great article that just came out from Campaigns and Elections that it’s worth taking 5 minutes to read that won’t only benefit you in fundraising, but in campaigning as a whole. It’s about Making Fundraising Personal:

Rarely do they volunteer the information that a contributor wants to know: Can you win and how will you win? Candidates often mask their discomfort with asking for money. They enjoy talking to constituents, going to meetings and being part of events, but put off whenever possible doing fundraising. Fundraising doesn’t have to be a negative experience — and it won’t be, if you make it personal.

Sure, asking for money doesn’t come easy to most people. To ask, you need to be ready to answer the question: Why should I give you money? And responding to the question requires a candidate to talk about his or her qualities. Most people have a difficult time talking about their qualities.

But if a candidate gets comfortable talking about himself or herself, fundraising will be a much easier and more pleasant task. Moreover, once that comfort level is achieved, here are some ways candidates can help grow their fundraising hauls.

Read the entire article here.

from Twitter:

@SDPBNews: New Mayor in Rapid City – the final results: Mayor Sam Kooiker 46% 7,312 and Steve Allender 54% 8,538

From my e-mail, Rep. Hickey responds to Jonathan Ellis’ story at Argus Leader.com on questions about his 2012 Petitions:

The following is neither an admission nor an apology, it is merely a statement. No hard feelings towards the Argus; Jonathan Ellis is a good reporter and someone I like, and he did his job well when someone who doesn’t like me handed him red meat. And I take no issue with Hartford city council people who’ve said what they’ve said. I want them to be honest and it’s always been important to me that I am as well.

Of course I’m bummed at anything that undermines my integrity and especially the trust of the people here in District 9. I do hope I have been sufficiently transparent and truthful in my years in office such that it is believable when I say now if I was aware of any monkey business with my petitions I would have not turned them in. I’m not sure how to explain that some who signed the two contested sheets say I was the circulator and others who signed say I was not. It was three years ago and of what I do remember , I remember feeling good about my petitions, was glad to have meet the deadline, was glad they were certified by the SOS and obviously they weren’t challenged that election year.

It is important to me that everything relating to me is above board and I welcome at any point for people to challenge me if something seems amiss. No one in my district is under the impression I have no flaws. I’m thankful even for these unpleasant days and the things I’m learning. The trust the voters put in me I pledge to never betray.

SH