And in the next ring of the circus, we have Clayton Walker!

From the Associated Press:

A judge has issued a warrant for the arrest of a former South Dakota U.S. Senate candidate charged with election law violations because the Black Hawk man failed to appear in court this week.
Circuit Court Judge John Brown issued the warrant after former independent candidate Clayton Walker didn’t appear at a hearing on Wednesday.

Read it here.

Maybe by the time of the next election, we’ll have the trials of all the scofflaws from this election completed.

Enhanced Concealed Carry Permit Before Legislative Rules Review Committee


Enhanced Concealed Carry Permit Before Legislative Rules Review Committee

PIERRE – Attorney General Marty Jackley, Secretary of State Shantel Krebs and SD Legislative Sponsor Tom Brunner announced today that as of July 1, 2015, South Dakota has begun the process of implementing the program to meet certain other state’s weapons requirements for individuals who have successfully completed a qualifying handgun course and have passed a fingerprint based background check. The enhanced concealed carry option does not replace or affect South Dakota’s existing concealed carry permits, it simply provides an additional and voluntary option for our citizens that wish to satisfy additional heightened requirements of certain other states.

During the last legislative session the South Dakota Legislature enacted an enhanced concealed carry option in order to allow qualified South Dakotans to meet the requirements of the other States carry law for when they travel. South Dakota’s current permit law remains in place for which South Dakota has reciprocity with the following 26 states that recognize our current concealed carry permit: Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, North Carolina, North Dakota, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

The administrative rules have been filed with Legislative Research Council for the approval by the Rules Review Committee and that hearing is scheduled for July 20, 2015, 10:00 a.m. at the Capitol in Pierre.

In the Fall of 2015, National Rifle Association (NRA) certified instructors may begin taking courses provided by the Division of Criminal Investigation (DCI) to begin the enhanced concealed carry including the use of force. NRA certified instructors completing the DCI course may offer a qualifying handgun course which includes the safe and responsible use of handguns, use of force and self-defense, and live-fire training. Members of the public who have successfully completed the qualifying handgun may then apply to the local sheriff for the enhanced permit. Applicants must authorize a fingerprint based background check and present proof that the applicant successfully completed a qualifying handgun course. The optional enhanced permit will cost $100 plus fees for processing the background check. The standard concealed pistol permit will remain unchanged and continued to be issued in addition to the enhanced permit.

Attorney General Jackley Joins Other Attorneys General to Protect Religious Freedom


Attorney General Jackley Joins Other Attorneys General to Protect Religious Freedom

PIERRE – Attorney General Marty Jackley and 14 other State Attorneys General announced today they have sent a letter to Congressional leaders urging them to take steps to protect the tax-exempt status of nonprofit religious organizations. During oral arguments in the Obergefell v. Hodges case, Solicitor General Donald B. Verrilli Jr. was asked if religious-affiliated institutions could have their tax-exempt status revoked if they opposed same-sex marriage, Verrilli said “it’s certainly going to be an issue.”

“The newly recognized federal constitutional right to same- sex marriage must and can peaceably coexist with other longstanding constitutional rights of freedom of religion and speech. There is no need to infringe upon either individual or religious freedoms in carrying out the directive of the U.S. Supreme Court. As Attorney General I will work to both ensure common sense solutions and vigorously protect the right to freedom of religion,” said Jackley.

The letter states that by stripping tax-exempt status from religious organizations in this way- a severe consequence that could force groups to exit the public square- would be an unprecedented assertion of governmental power over religious exercise. The letter asks Congress to modify the Internal Revenue Code to prevent the IRS from revoking the tax-exempt status of nonprofit religious organization that disagrees with the decision in Obergefell.

Those signing on to the letter were Attorneys General from Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Louisiana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wisconsin.


Religious Lib Let t 15

AG noting that religious beliefs deserve consideration as well.

From KELOland, Attorney General Marty Jackley notes something specific in the argument over same-sex marriage in SD:

Jackley said Thursday that the constitutional right to marry that’s now guaranteed to same-sex couples must coexist with the constitutional right of freedom of religion for county employees.

Read it here.

Coming from the person who would defend the state in a lawsuit, that’s a significant statement.

Legislators preview the 2016 Legislative session’s upcoming bills relating to marriage.

From the Sioux Falls Argus Leader, it sounds as if there’s a pile of measures coming with regards to how the state interacts with private individuals in the arena of marriage.

County officials apparently count on taxing marriage as revenue, but that’s not going to stop proposals to just take the state out of it:

A Sioux Falls lawmaker who introduced legislation that would have ended state licensing of marriages says he will likely make another run at the issue next year.


Instead of licensing, married couples would submit a certificate of marriage to their county register of deeds. The certificates would come from churches or those who officiated weddings.


County officials originally opposed Haugaard’s bill, in part because they didn’t want to lose revenue.


But an effort to end state licensing of marriages won’t be embraced by all groups that support traditional marriage. Dale Bartscher, the executive director of the Family Heritage Alliance, said he appreciated Haugaard’s thinking on the issue, but ultimately he said his group couldn’t support the bill.

Read it all here.

What do you think? With the recognition of same-sex marriage, is it time for the state to just get out the marriage license business, and let counties serve as a filing agency?

And as noted by Representative Scott Craig in the article, does there need to be “protection provided to government employees – judges and clerks who declined to perform marriages or issue licenses based on First Amendment objections?”

We probably need to look at whether there is an easy way (or any way) to balance our First Amendment rights to freedom of religion against the 14th Amendment rights of equal protection of the law, on which the same-sex marriage rights are based.  (Given the Supreme court’s position, we probably can’t get into a discussion on state’s rights anymore.)

Or is seeking both a fair and equitable balance between religion and rights just wishful thinking that’s never going to happen?

Is this the next battleground? Polygamists seeking licenses too.

From the Associated Press:

A Montana man said Wednesday that he was inspired by last week’s U.S. Supreme Court decision legalizing gay marriage to apply for a marriage license so that he can legally wed his second wife.

Nathan Collier and his wives Victoria and Christine applied at the Yellowstone County Courthouse in Billings on Tuesday in an attempt to legitimize their polygamous marriage. Montana, like all 50 states, outlaws bigamy — holding multiple marriage licenses — but Collier said he plans to sue if the application is denied.

“It’s about marriage equality,” Collier told The Associated Press Wednesday. “You can’t have this without polygamy.”

County clerk officials initially denied Collier’s application, then said they would consult with the county attorney’s office before giving him a final answer, Collier said.

Read it here.

Is this the next fight?

Jackley: Bosworth Sentenced in Election Law Violation Case

jackleyheader2 Marty Jackley Bosworth Sentenced in Election Law Violation Case

PIERRE – Attorney General Marty Jackley announced today that Annette Bosworth, 43, Sioux Falls, was sentenced to 2 years for each of the 6 counts for offering false or forged instrument for filing and 2 years for each of the 6 counts for perjury. All counts to be suspended with 3 years of probation including 500 hours of community service, cost of prosecution to the County and court cost of $104 for each count.

“A citizen grand jury and jury have determined that Annette Bosworth has violated state election law enacted by our legislature to protect the integrity of our elections in South Dakota. I respect today’s sentence because jail is meant primarily for public safety, not necessarily for people whose conduct has crossed the line of exasperation to the general public,” said Jackley. “I join in the Court’s recognition coming from those that know Dr. Bosworth best, her medical patients, that she is capable of helping them, and I hope that she will now take advantage of this sentence and focus on such an important opportunity.”

On April 5, 2014, the Attorney General’s Office received an affidavit from the South Dakota Secretary of State challenging certain signatures on Bosworth’s nominating petitions. 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. On May 27, 2015, Bosworth was convicted on all twelve counts by a unanimous jury. The case was investigated by the Division of Criminal Investigation and prosecuted by the Attorney General’s Office.