Attorney General Jackley Joins Multi-State Effort To Strike Down Firearm Magazine Ban

Attorney General Jackley Joins Multi-State Effort To Strike Down Firearm Magazine Ban

 PIERRE, S.D. — South Dakota Attorney General Marty Jackley has joined 24 other state Attorneys General in filing an amicus brief challenging a California law that would ban firearm magazines that can hold more than 10 rounds.

The amicus brief asks the U.S. Court of Appeals for the Ninth Circuit to uphold an earlier ruling by a U.S. District Court in California that the firearms ban denies a citizen the federal constitutional right to use common weapons of their own choosing for self-defense.

“This ban is another intrusion on the Second Amendment rights of law-abiding citizens,” said Attorney General Jackley. “It is important that Attorneys General nationwide remain vigilant against any legislation that infringes upon an individual’s Second Amendment rights.”

Other Attorneys General who are part of this brief are from: Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Florida, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Virginia, West Virginia, and Wyoming.

The brief can be read here:

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Sen. Jim Stalzer notes that Minnehaha Co Chair CAN be removed, according to bylaws.

Despite the protestations of former attorney-at-law R. Shawn Tornow, one State Senator notes that he believes that Tornow CAN be removed from his office as Chair of the Minnehaha County GOP, as a majority of Central Committee members at the last meeting sought to do:

I believe R. Shawn Tornow is in error when he claims he cannot be removed from office.

SD GOP Bylaws: Section III – County Central Committee

⦁     Officers: The elected officers of a County Central Committee are the county chairman and county vice chairman, who shall be of the opposite sex, a county secretary, a county treasurer, a state committeeman and a state committeewoman, who shall hold their offices for a term of two years or until their successors have been elected.

7. Meetings: Rules of Order: The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the County Central Committee in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the County Central Committee may adopt; however, unless any member objects, the committee may act informally at the discretion of the county chairman.

Roberts Rules of Order:  62-16• If the bylaws provide that officers shall serve “for __ years or until their successors are elected,” the officer in question can be removed from office by adoption of a motion to do so.

Read that here.

With that being said, does that mean that Tornow won’t call another Central Committee meeting during his term of office?

SDWC Top Ten Political stories of 2023 (Part 3 – The top two)

If you’ve enjoyed the top ten SDWC political stories of 2023, I would encourage you to check out the latest podcast from Dakota Town Hall, where I join hosts Jake Schoenbeck and Murdoc Jurgenson on an audio review of the SDWC top ten issues.  Alway enjoyable.

And with that, After parts one and two, on to part three, and the top two stories of 2023!

2. State Senator Julie Frye Mueller and her harassment of a legislative employee.

Is Julie Frye Mueller being a creep a bigger issue than pipelines or conflicts of interest? Maybe, maybe not. But it encompasses and represents some of the other issues that have already popped up in the top 10, and it completely overshadowed political discussion for months.

The complaint is literally the most awful behavior that you can imagine an employer doing to an employee, as related by Joe Sneve at the Dakota Scout:

Frye Mueller was accused of creepy behavior that went over the line in being crude, lewd and potentially sexually harassive. Because who suggests to an employee that her spouse”bump-start” her breastfeeding.. while Frye-Mueller’s husband stood there. Not to mention her crazy rant on vaccination, etcetera.

That horrendous incident set off legislative hearings, which many – myself included – thought she could have been (and maybe should have been) expelled for. But, in the South Dakota legislature, it’s challenging to get an expulsion for sharing a bed with a legislative page, so probably not going to happen for bad lactation counseling.

But stupidly, Frye Mueller would not take her lumps for her wildly inappropriate behavior and move on. Along with her only defender for her behavior, State Senator Tom Pischke, Frye-Mueller and her ally actively pursued trying to bring charges against those who sat in judgement of her awfulness, and acted to suspend her – to separate her from the employee – during the time when the harassment investigation/hearing was going on.

Pischke and Frye Mueller actually called on the Attorney General and the Hughes County States Attorney to bring charges against the 27 State Senators who acted to protect the victim and created boilerplate “Victim Impact Statements” which they shopped around to their allies.

What seeking his fellow Senator’s arrests earned for Pischke was a seat on the floor next to Frye-Mueller during caucus time, as now both found themselves expelled from the Senate Republican caucus.

This wasn’t the end of things by any means, as after the legislative session several Republican County Committees ignored the fact that Frye-Mueller was tried by a jury of her peers of the conduct, and censured for her actions. They actually gathered some of the funds contributed to them by donors seeking to support Republicans running for office, and sent them to Frye-Mueller for some sort of legal defense purposes to fight the action taken by her colleagues.

The fight continued underground during intervening months with Frye Mueller having threatened a further lawsuit.  As a result of Piscke’s actions (in part, there are other reasons) he earned himself an early primary opponent.

And at one Republican event, Frye-Mueller went so far as to claim that the complaint was in fact false, and fabricated by Legislative Leadership:

After Senator Pischke read his speech off, Frye Mueller got up and gave a fish story which I hadn’t heard to date:

“ you could see this was an orchestrated attempt.. and what Senator Schoenbeck.. and yes you’re watching.. and if you are good for you. His goal I believe was to have me hang my head and walk off the floor. And never come back. And that wasn’t going to happen. 

Because I believe he’s the one who made up those words, as that staffor didn’t say those words, and I didn’t say them either as in my kangaroo court I testified to.”

Watch that here at about 1:08 into the video.

In response, Senator Schoenbeck provided a tidbit that many were unaware of:

The whole senate leadership met with Julie in my office. Pischke was there (at her request for moral support) and she admitted almost all of it, the rest she wanted to only tell her whip (the weird stuff she did on lactation). Pischke admonished her for her inappropriate behavior, in front of all of us.

Next day, he’s standing by her at a press conference denying everything. There’s a reason nobody trusts these people. It’s a small state. You can’t behave and lie like that and expect it to be forgotten.

Read that here.

A month or so after this, Frye-Mueller also found herself with a primary election opponent.

Given this is one of the wildest stories in South Dakota politics, OF COURSE at the end of December, it wasn’t done as of yet. The long promised lawsuit that Julie Frye-Mueller had promised against the state senate finally materialized. To interesting effect:

Schoenbeck, a veteran trial lawyer, also dismissed the legal theory under which Frye-Mueller is seeking Court intervention.

“Unless you’ve studied Klingon, you’re not going to be able to understand it,” he said, referring to the aliens in the science fiction series Star Trek. “And I don’t want to badmouth the Klingons, but this is not in English.”

Read that here.

And that’s where we ended up with this side-show rolling into 2024.

 

1.  Rise of the election truthers/populists.

Yes, I know this is inside baseball. But, on my list, I don’t think anything has affected the landscape of South Dakota politics more than the “election truthers/populists.”  And maybe that’s a catch-all phrase that doesn’t adequately encompass the movement of what we might otherwise term a group of activists whose politics seem to be driven more by what they read on facebook than their knowledge of government or a sense of civic duty.  It is populism run amok as the group is less about supporting Republican or Democrat candidates as much as they are against Government doing anything than dismantling itself.

The small clusters of people along this vein have been happy to co-opt various Republican organizations to serve their needs, without actually supporting the Republican party, and they are just as quick to abandon them as they are to claim them.

Secretary of State Monae Johnson can attest to this.

Johnson rode the wave into office in 2022, yet in 2023 as she attempted to govern, she found that the election truthers who had propelled her into office turned on her as and labeled her a swamp dweller, and at this point are in an active state of war against her as their activists attack her in word, and their officeholders use their position to actively sabotage the Secretary of State’s office.

The truthers/populists seem more intent on burning everything down in pursuit of their own goals as opposed to serving the needs of their community.

If a debate were to come up to find a solution to how to fund our highway repairs, and for example, the future of the gas tax was that it would not generate sufficient revenue because of an influx of electric vehicles, they wouldn’t debate replacement income through a wheel tax or tolls to pay for road upkeep – it would devolve into a debate of the federal government subsidizing electric vehicles, and how we shouldn’t accept federal funding of our highways.. and the potholes in our roads would remain in disrepair.

It’s all well and good to debate ideology ad nauseum, but the average South Dakotan doesn’t subscribe to the same intense reliance on dogma. They just want their damn road fixed, because it ruined their second tire rim, and someone should be fixing the road. The truthers/populist can whip people up on select targeted issues, but they quickly lose interest in participating in the debate when the long-term societal effects set in.

These groups successfully took over a handful of Republican County organizations in late 2022/early 2023, and their handiwork has been evident since that time. The Yankton County GOP fell to their minions, and now instead of hearing from candidates at their annual events, their GOP faithful is subjected to 45 minute power-point presentations on election conspiracies from SD Canvassing.

The largest county republican organization, Minnehaha County, had the same happen. And they find themselves with a leadership team who finds more value with garage sales than meeting a quarter million voters. A leadership team that they now find themselves facing having to pry out of office like a stubborn engorged deer tick. And those are just a couple of quick examples.

These groups are more interested in self-aggrandizing than getting people elected. And their eagerness to upset the applecart is going to come to fruition this year.  The end result of these groups means that there could quickly be a shift in the balance in the state’s next election cycle, as increasingly competitive Democrats find themselves facing off in elections against some weak and disorganized Republican county organizations who let them steal the limelight because the public at large isn’t buying the bag of crazy that the facebook adherents are attempting to sell.

To me, the rise of the truther/populist groups is the biggest political story of the year, as if they have their way, what they are going to accomplish is to swing the pendulum back from Republican leadership, and give Democrats the leg up in state politics that they have been unable to achieve on their own over the last several election cycles.

 

And those are the top ten political stories for SDWC for 2023!

Senator Jim Mehlhaff Announces Re-election to District 24 Senate

Senator Jim Mehlhaff Announces Re-election to District 24 Senate

Date: January 2, 2024

Pierre, SD – District 24 Senator Jim Mehlhaff announced his intention to seek re-election Tuesday for a second term.

“It has been an honor to represent Hughes, Haakon, Stanley, Hyde, and Sully counties in the State Senate,” said Sen. Mehlhaff. “I have worked hard to be an engaged, accessible, and thoughtful conservative member of the legislature. I look forward to earning your support again as I seek a second term.”

Mehlhaff was first elected to the State Senate in 2022. During his first term in office, he has served on the Committees of Agriculture and Natural Resources, Judiciary, and as the Vice-Chair on the Local Government and Retirement Laws committees. In between legislative sessions, Mehlhaff was selected by legislative leadership to serve on the County Funding Summer Study, Unified Judicial System’s (UJS) Indigent Legal Services Task Force, Interim Rules Review Committee, and the Medical Marijuana Advisory Board.

If re-elected, Mehlhaff will continue to bring his common-sense conservative approach to issues impacting the people of District 24.

“I learned a great deal working on issues and legislation over the past year. I intend to keep working hard, and hope the people of District 24 will trust me to put my experience to work in a second term,” Mehlhaff said.

Jim and his wife Annie have lived in the Pierre area for nearly 30 years and have two children.  They are active members of Ss. Peter and Paul Catholic Church.

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Release: Ernie Otten Announces Candidacy for the SD District 6 Senate Seat / Wendi Hogan to announce for D6 House

Ernie Otten Announces Candidacy for the SD District 6 Senate Seat / Wendi Hogan to announce for D6 House

[TEA, SD] [January 1, 2024] — Ernie Otten has officially declared his intention to run for the open District 6 Senate seat in the South Dakota State Legislature. With a background in construction and a wealth of legislative experience, Otten is poised to bring his dedication, hard work, and financial responsibility back to the service of the District and State in the Senate chamber.

Ernie Otten expresses his gratitude to his cousin, Senator Herman Otten, for his 12 years of dedicated service to the District and State. Senator Herman Otten has been an integral part of the legislature, first in the House and the past four years in the Senate. Due to family commitments, Senator Herman Otten has decided not to seek re-election, paving the way for Ernie Otten to continue the legacy of strong representation for District 6.

Ernie Otten has a proven track record in public service, having previously served eight years in the Senate for District 6 before term limits led him to run for the House. During his Senate tenure, Ernie Otten served on Agriculture & National Resources, State Affairs, Taxation, and Transportation. Notably, he chaired Taxation and Transportation Committees.

In his current role in the House, Ernie Otten is an active member of the Appropriations and GOAC (Government Operations and Audit) Committees, currently serving as the chair of GOAC. He had served on the Taxation and Transportation Committees.

Reflecting on his background in construction, Otten remarked, “My construction background has prepared me with real-world business experience, learning that hard work, making difficult decisions, and being financially responsible builds character and success.”

Mr. Otten may be reached at ernie.otten@gmail.com or by calling/texting 605-368-5716.

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Wendi Hogan, Harrisburg, has also taken out petitions and will be announcing her Candidacy for the open SD District 6 House Seat.

Sen. Schoenbeck wins the internet today with his response to Julie Frye Mueller’s lawsuit

Senator and Senate President Pro Tempore Lee Schoenbeck wins the Internet today with his response to Senator Julie Frye Mueller’s lawsuit (as represented by former Speaker of the House Steve Haugaard) demanding she be put back on committees. From the Dakota Scout:

Schoenbeck, a veteran trial lawyer, also dismissed the legal theory under which Frye-Mueller is seeking Court intervention.

“Unless you’ve studied Klingon, you’re not going to be able to understand it,” he said, referring to the aliens in the science fiction series Star Trek. “And I don’t want to badmouth the Klingons, but this is not in English.”

Read the entire story here.

Minnehaha GOP meeting ends in no confidence in chair, and chaos

Sounds like the Minnehaha County Central Committee meeting went from bad to chaos today, according to reports.

After 2/3 of the Minnehaha County GOP at the meeting voted to add a motion of no confidence to the agenda, a vote was held where a majority expressed their dissatisfaction with the quality of the chair.

No surprise, but I’m hearing they expressed they have no confidence in R. Shawn in a vote that went 28-23, but Tornow declared they could not remove him, and he would be chair until an election was held.

As they moved towards a similar no-confidence vote on the Secretary, a substitute motion for adjournment was called by a Tornow ally which the chair quickly recognized, supposedly without a vote, despite not being through the meeting agenda, because he saw the way this was going.

Tornow’s tenure has been marked by a lack of competence, and that fact has not been missed by a majority of the central committee. He might try to cut off his detractors by adjournment, but R. Shawn might just have been put on notice that his days are numbered.

Minnehaha County GOP to vote on Tornow removal.

My insiders in Sioux Falls are giving me updates on this morning’s Minnehaha County GOP meeting as they happen. The Minnehaha Central Committee will be voting soon to overthrow Tornow in Minnehaha County, with a huge mandate, as they voted on adding it to the agenda with a vote of 37 yes 16 no and 6 abstained.

If you have that many voting to add it to the agenda, it’s a good indication that R. Shawn might not just be a former attorney-at-law, but former GOP Chair as well.

Stay tuned..

Minnehaha County GOP moving to clean up their own mess?

Hearing some interesting information this afternoon.

While it isn’t posted to facebook or their website, I’m hearing that the Minnehaha County Republican Central Committee is meeting tomorrow, and there are those who are (allegedly) going to bring a vote of no confidence against the chair and secretary.  The chair being everyone’s favorite former attorney-at-law R. Shawn Tornow. (yes, that was sarcasm)

Why? I’m being told that the Minnehaha GOP’s exec board has completely split into two factions.  I mean, I can’t imagine why they would be split after a banger of a yard sale.

I mean, what are they looking for in a chair? Competence? Standing with the community? The ability to raise money? Heaven forbid.

Stay tuned for more. This could get pretty good.

SDWC Top Ten Political stories of 2023 (Part 2)

Reaching back to my post of 2 days ago, I’m continuing the countdown on the top 10 SDWC Political stories of 2023 with numbers 5-3…

 

5. The fall and resurrection of the South Dakota Democrat Party

This has not been a good year for the South Dakota Democrat Party. In April, as Democrats were coming off of another unsuccessful election and lackluster legislative session, Chairman Randy Seiler, a man who was generally liked and respected by Democrats and Republicans alike, suddenly passed away after going into cardiac arrest while jogging.

Seiler was within days of finishing his term, and with his passing, Vice Chair Jennifer Slaight-Hansen immediate took over. Slaight-Hansen had been named as the new chair at the end of February with 93% of the vote. Where Seiler was universally liked as it turned out, his successor ended up being universally loathed.

The chair’s downfall began after the Democrat party hired former Legislator Dan Ahlers, someone with actual election experience as their new executive director. Within 3 months, Ahlers resigned in a brouhaha which brought national attention to the SDDP as Ahlers leveled accusations of a hostile work environment, potential FEC violations, “demeaning and foul language” from the chair when dealing with party staff, and hiring people without board approval.

In other words, Slaight-Hansen was the antithesis of her predecessor. And for a party in a super-minority, this was not publicity or problems that Democrats needed.

This triggered Democrat Legislators and leaders of the largest county organizations to call for Slaight-Hansen’s head, with Slaight-Hansen trying to chalk it up to saying she and Ahlers never developed a good working relationship.  Literally, the only Democrat defending Slaight-Hansen was former state Sen. Susan Wismer, but the handwriting was on the wall as Democrats off-loaded their Slaight-Hansen baggage. Dems voted 57-0, with two abstentions, to remove Slaight-Hansen from office.

Slaight-Hansen vowed to appear the party’s decision, but ultimately with those numbers, she found herself not being very appealing, with the decision being upheld in September. Shane Merrill from Parker, the current vice-chair, was elected to serve as Chair of the Democrat Party, as they attempted to right their overturned life raft.

Merrill quickly rehired Ahlers to return to the Democrat Party in October, where he now runs Democrat party operations in the state, as they attempt to pick up legislative seats, and rebuild the crumbled foundations of the state’s minority party.

 

4. Pipeline Wars erupt as populists attack ethanol industry’s plan to sustain saleability

In South Dakota, apparently, there’s no battle like a pipeline battle, as 2023 has been dominated by fights over carbon dioxide pipelines to enhance ethanol’s use as a green fuel alternative, and sustain the $2.4 billion in area household incomes and more than $4.4 billion in corn production it provides in South Dakota as well as the 30,000 jobs in-state.

The year started off with battles during the 2023 legislative session, with legislative attempts to halt CO2 transmission lines in the state, trying to re-define what constituted a commodity (excluding CO2, of course), and generally creating roadblocks for pipeline permitting. Those attempts fell flat and were killed, but the temperature of the pipeline wars were increasing.

For a state that had previously attempted to criminalize riot-boosting with regards to pipeline protests for the Keystone XL pipeline, you now had some of the same people who fought to jail protesters from the Keystone XL oil pipeline now fighting to stop a pipeline for the transmission of Carbon Dioxide, which is currently being released into the atmosphere.

Predictably, the populists of the legislature, having been stymied during the normal legislative process found themselves calling for a special session. Governor Noem noted in social media that “If the legislature wants to call themselves into special session to change the law, I look forward to reviewing what they send to my desk.”  Of course, with the Senate lacking any interest in revisiting an issue which could not get past the committee process in that chamber, there was no way that a special session was going to happen.

Pipeline opponents fared better in their push against the ethanol industry with the Public Utilities Commission. In September, the Navigator CO2 pipeline’s application for a permit to construct the Heartland Greenway carbon capture pipeline in South Dakota was denied by the PUC, on the basis of that they failed to “adequately disclose carbon dioxide plume modeling, and a failure to provide timely notices to some of the landowners along the proposed route.” This effectively killed the Navigator Project.

The Summit Carbon Solutions (SCS) pipeline found itself similarly at odds with the Public Utilities Commission, as in September the PUC denied Summit’s pipeline application “because the project would violate county ordinances related to setbacks and other aspects of the pipeline route.”  However, while Navigator lacked visible public support, at the time of the denial, Summit had 73% of landowners along the proposed South Dakota route who have signed voluntary agreements.”  And with that, the pipeline company took a step back to plan and regroup.

The PUC’s rejection of the Summit Carbon pipeline has also generated other controversies, with those in favor of ethanol and the sequestration project not holding their tongue on the PUC’s decision, as it generated other headlines, as Senate President Pro Tempore Lee Schoenbeck called out State Treasurer Josh Haeder, questioning his intelligence and labeling him as “anti-ethanol” for his decision while sitting on the PUC board opposing the SCS pipeline.

Even more forcefully, the CEO of GEVO, who was set to put a 1 billion dollar bio-jet fuel plant into east-central South Dakota, adjacent to Lake Preston, pointed out that unless the landscape changes for CO2 sequestration in the state, that they may be forced to take their project elsewhere, noting “CO2 pipelines and sequestration have met resistance in South Dakota, but it’s part of the future of carbon abatement and renewable and sustainable fuel.”

The CO2 pipeline wars show no sign of abating in South Dakota, as ethanol and bio-fuel producers fight for survival against “NIMBY” activists and some of the same environmentalism interests who fought oil pipelines.  Whether anyone likes it or not, ethanol is fighting for survival in an environment where purchasers are passing over product that doesn’t have a reduced carbon footprint. And if they are not allowed a way to do that in South Dakota, a multi-billion dollar industry faces collapse.

 

3. Conflicts of Interest

There was a little rumble over legislative conflicts of interest early on this year, when in January, I wrote about several contracts out there with State Representative Kevin Jensen’s name on it as the fiscal officer for contracts/grants written between his wife’s business while he has been serving as a state legislator.  But, it was only the first crack in a wall of questions over what constitutes a conflict of interest with the work a legislator does. No one really knew the dam was soon to break.

The conflict of interest issue exploded with the announcement that the Governor requested and Attorney General initiated an investigation in July of State Senator Jessica Castleberry after it was discovered that her business had received $603,000 of COVID-relief funds.  Apparently, the investigation was triggered after a Social Services employee noted the Senator’s name on a $4000 grant application.

A hard deadline for Sen. Jessica Castleberry to either pay back the $603,219 in funds she collected for her daycare business, Little Nest Preschool, or to come to an agreement with the state on how to move forward under threat of legal action, was asserted by the Attorney General. Ultimately, Castleberry and the Attorney General struck an agreement for the state to be repaid $2400 a month over 20-30 years, and the Senator resigned from the legislature.

Senator Castleberry, in her defense, had relied on legal advice which had informed her that she could accept the funds because they were federal dollars. Unfortunately, South Dakota law did not agree.

This episode started a flurry of reviews and reports that other lawmakers may also have received state funds through their business, and/or have an indirect relationship to receiving their salaries through funds which originated with the state.

Around September, State Senator Lee Schoenbeck began working with the LRC to outline policies for legislature’s executive board to review what constituted an unallowable indirect conflict, yet that process was fraught with questions over what actually was disallowed.  At one point, State Auditor Rich Sattgast noted to the exec board that competing legislative factions were engaging in finger-pointing conflict allegations noting “We have these factions that are trying to take one another out, and they’re trying to use this office as their way of going about that.”

As the executive board found themselves slogging through the questions, Governor Noem was yet to name a successor to Jessica Castleberry.  Governor Noem reportedly was intentionally not quick to fill Castleberry’s position because of the conflict-of-interest concerns of potential appointees.  At this point, with the support of the House and Senate, the Governor asked the Supreme Court for guidance about conflict-of-interest rules for lawmakers. This request became more important as another kink in the works occurred with District 34 State Representative Jess Olson resigning for ongoing health reasons, leaving the Governor now 2 legislative seats to fill.

The Legislature hired former US Attorney Ron Parsons to assist in the conflict of interest case in writing an amicus brief on it’s behalf, while Governor Noem used her in-house counsel, and the Attorney General also submitted a brief.

At the end of the year, the South Dakota Supreme Court finally agreed to hear oral arguments on the day before session as to the question of conflicts-of-interest, and possible guidance as to what constitutes a conflict of interest for legislators, and how far indirect conflicts might stretch before the courts will snap them back.

Conflicts have been a big issue that have dogged State Government since statehood. And maybe we’ll see some light at the end of the tunnel in coming months. Maybe.

 

Stay tuned for the final top 2 SDWC Political issues of the year!