Remember this blaring headline a couple weeks back from the liberals declaring that a legislative joint resolution was subject to referendum:
Instead of pretend experts, people who went to law school and know a thing or two weighed in today on the topic. And they unanimously disagreed:
The South Dakota Supreme Court ruled Thursday that Dakotans for Health cannot refer House Joint Resolution 5003 for a vote of the people because it is not a law. South Dakotans have the ability to refer laws passed by the Legislature to a vote, but the resolution doesn’t qualify, the court ruled.
“HJR 5003 is not a law enacted by the Legislature,” wrote Chief Justice Steven Jensen. “It does not contain an enacting clause and was not submitted to the governor for signature or veto.”
and..
HJR 5003 is a proposed constitutional amendment that will go to voters during the primary election in June. If voters approve the measure, it would require that any future initiated measure or constitutional amendment that obligates the state to spend $10 million or more within five years require approval by three-fifths of all voters.
Looks like we’re going to be voting on a constitutional amendment in the next primary, as affirmed by the State Supreme Court.
The referred measure is really about fiscal responsibility, not stopping medicaid expansion per se. Even the legislature needs a 2/3 majority to increase taxes. Why shouldn’t a vote of the people to raise taxes require 60% to pass?
It is a good idea in spirit, but any dollar amount specified is arbitrary, unfortunately, which means it doesn’t have support of the common sense.
Why not just refer them all, regardless of the amount. Today’s 10 million, after all, is tomorrow’s Thune-driven inflationary value as yet to be determined.
🙂
John
The proposed amendment includes an adjustment for inflation, and also raises the vote threshold for ballot measures that try to raise our taxes or fees. Vote yes in June!
The Supreme Court got this right, and really it was kind of silly that they even tried this challenge. The answer was readily apparent to anyone who looked into it at all.
good post
Always a Weiland in the middle of raising taxes and bigger government. Who pays him to do all of this?
Nice win! good job Mr. Attorney General & staff!
Big hat tip to Jon Hansen for developing the resolution, and to Lee Schoenbeck for his thoughtful amendment.
Marijuana will be in the ballot again before it is implementedv though. Should have just done away with voting on anything other than people, the governor and legislature knows what is best for us. We can’t handle responsibility that freedom brings.
This isn’t about marijuana at all. It’s about taxes and spending.
Can’t help but wonder how much heartburn this caused the dwarf king being shown to be wrong in such a public way…..HA HA HA!
It’s caused plenty. He has a post whining about the decision. Of course he is critical of the decision as he knows more about law than anyone.
As a republican I am appalled by this entire thing. Democracy is 50+1. That’s a majority. This resolution is government overreach at its finest and only hurts all citizens, not matter party affiliation. I have high standards for this blog and this writer, but the headline and spirit of this column about this ruling and resolution is disappointing to say the least. We are not the party of big government. This should not have happened in the first place. It only hurts citizens and diminishes our rights.
The ”crux’ of it all, really, is another ploy of the GOP-namely a June primary vote will be historically and probably mostly GOP voters, who will naturally vote as the ‘lock-step’ party they are. Placed in the November election, it would surely fail, just like 1M 26 passed overwhelmingly. Party of Trump is circling the drain.