The ban on out of state cash in ballot measures passed…. but will probably be found unconstitutional.
In his ballot explanation, Attorney General Marty Jackley said that if it passes, Initiated Measure 24 will likely face a court challenge on constitutional grounds.
Willard agrees, noting that while most past court rulings have dealt with contributions to political candidates, the First Amendment lawyers who have seen IM 24 have called it “drop-dead unconstitutional.”
As an example, Willard said passage of IM 24 would keep out-of-state alumni from having their say if closing a university was on the ballot. He noted that this yearís vote on a tobacco tax increase is of direct interest to tobacco companies.
“The solution is worse than the problem,” Willard said.
Thanks for the huge legal bill, Mickelsen.
It is sad that so many South Dakotans who claim to be conservatives voted to deny people their Constitutional rights of free speech and free association. Republicans often make fun of Democrats for voting with their emotions, but the passage of IM 24 demonstrated that too many Republicans did exactly that because they were angry with out-of-state liberal groups. Reason and principles are supposed to outweigh emotions.
Was not surprised this passed. Will not be surprised when it’s struck down.