Word out of the Brookings GOP meeting this morning is that Matt Wagner, who had declared his candidacy for District 8 House for the open seat, has suspended his campaign for the office. This leaves incumbent Tim Reisch, former Lake Co. Sheriff Tim Walburg, and election truther Rick Weible competing for 2 seats in the Republican primary.
Also coming out of the meeting is that apparently former State Rep. Doug Posr announced he is running for a seat on the Brookings County Commission.
Attorney General Jackley Requests SCOTUS To Reverse Colorado Ballot Disqualification of Trump
PIERRE, S.D. – South Dakota Attorney General Marty Jackley has joined an amicus brief requesting the U.S. Supreme Court reverse the Colorado State Supreme Court ruling that kept former President Donald Trump off the ballot for that state’s Presidential Primary election.
The originating lawsuit was filed by six Colorado voters who insisted Trump is disqualified from office under a Civil War-era insurrection clause in the 14th Amendment because of his alleged involvement in the Jan. 6 incident at the U.S. Capitol.
A state district judge ruled the insurrection clause does not apply to the presidency and allowed Trump to be on the ballot. Then the Colorado Supreme Court issued a ruling barring Trump from the GOP primary ballot under the 14th Amendment.
“Congress, not the Colorado State Supreme Court, has the authority to decide whether to disqualify a person from running for office under Section 3 of the 14thAmendment,” said Attorney General Jackley. “This decision violates the U.S. Constitution and deprives voters of their fundamental right to decide elections.”
The 24 other Attorneys General who joined the brief are from: Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. The Arizona State Legislature and the legislative leadership of North Carolina also joined the brief.
Washington, D.C. – Today, U.S. Representative Dusty Johnson (R-S.D.) joined the filing of the amicus brief opposing the Colorado Supreme Court’s decision to remove former President Donald Trump from the Colorado ballot.
“Donald Trump hasn’t been convicted of or charged with insurrection,” said Johnson. “Using the 14th amendment to kick him off the ballot is a massive overreach by Colorado’s highest court.”
In December 2023, the Colorado Supreme Court ruled the former president is ineligible for presidency because of his actions on January 6, 2021, citing Section 3 of the 14th Amendment. The Amendment bars anyone from office who took an oath to uphold the Constitution but “engaged” in “insurrection or rebellion” against the Constitution.
The amicus brief is led by House Majority Leader Steve Scalise and U.S. Senator Ted Cruz (R-TX). 136 House Republicans, and 42 Senate Republicans joined the brief. Read the amicus brief here.
Attorney General Jackley Requests FCC To Restrict Use of A.I. In Marketing Phone Calls
PIERRE, S.D. – South Dakota Attorney General Marty Jackley and 25 other Attorneys General are asking the Federal Communications Commission (FCC) to restrict the use of artificial intelligence by telemarketers.
In November, the FCC posted a Notice of Inquiry requesting input on the implications and usage of A.I. technology in consumer communications and how the technology fits under the Telephone Consumer Protection Act (TCPA). Specifically, the FCC inquired about the potential ability of A.I. technologies to act as the functional equivalent of a live agent.
Pursuant to the TCPA, robocalls are those calls made using an artificial or prerecorded voice. Such calls are generally prohibited unless the calling party obtains the prior express written consent of the consumer.
“These calls manipulates consumers by sounding like a real person,” said Attorney General Jackley. “Scammers are always looking for ways to harm consumers, and the federal government needs to act.”
Other Attorneys General on the bipartisan letter are from states of Alabama, Arizona, California, Colorado, Connecticut, Delaware, Washington D.C., Hawaii, Illinois, Massachusetts, Maine, Maryland, Michigan, Minnesota, Mississippi, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Vermont, and Washington.
Johnson Bills Strengthening 2nd Amendment Rights Pass Committee
Washington, D.C. – Today, two Second Amendment bills led by U.S. Representative Dusty Johnson (R-S.D.) passed out of the House Judiciary Committee. The bills allow tribal members, RV-ers, and active-duty military families to exercise their Second Amendment rights to obtain a firearm.
The Tribal Firearm Access Act, led by Johnson and Rep. Mary Peltola (D-AK), protects tribal sovereignty and lists tribal governments as eligible entities to issue identification documents for the purposes of transferring a firearm. U.S. Senator Markwayne Mullin (R-OK) leads companion legislation in the Senate.
The Traveler’s Gun Rights Act, led by Johnson, allows law-abiding RV-ers, active-duty military, military spouses, and others who rely on a P.O. Box for their primary mailing address to obtain a firearm. Sen. Mike Rounds (R-S.D.) leads companion legislation in the Senate.
Johnson testified in the House Judiciary Committee in November 2023 to advocate for his bills. View his remarks here.
“The Second Amendment is only as effective as it is obtainable for all citizens to purchase firearms,” said Johnson. “My bills will ensure more law-abiding individuals can practice their Second Amendment rights, without running into unnecessary red tape.”
“The Flandreau Santee Sioux Tribe expresses its gratitude to Rep. Dusty Johnson and his team for the passage of the Tribal Firearm Access Act out of the House Judiciary Committee. The important legislation fills a gap that many Native Americans face as it pertains to access to firearms and provides credence to Tribes and our tribally issued identification card processes. The Tribe further appreciates the consultation that Rep. Johnson’s office has with it on multiple occasions regarding this legislation,” said President Tony Reider, Flandreau Santee Sioux Tribe.
“On behalf of the NRA’s millions of freedom-loving members nationwide, we applaud Rep. Dusty Johnson for championing the right to bear arms through the introduction of the Tribal Firearm Access Act and the Traveler’s Gun Rights Act. These crucial bills expand access for law-abiding Americans to purchase firearms for self-defense and any lawful purpose, upholding the principles of the Second Amendment,” said Randy Kozuch, Executive Director of the NRA-ILA.
“NSSF commends the U.S. House Judiciary Committee for advancing Congressman Dusty Johnson’s bills that improve the ability for all Americans to exercise their Second Amendment rights while ensuring the FBI’s National Instant Criminal Background Check System (NICS) is accurate. Congressman Johnson’s Tribal Firearm Access Act ensures tribal government identification is valid for the purposes of an FBI NICS check when purchasing firearms, and his Traveler’s Gun Rights Act ensures the Second Amendment rights of Americans would not be denied simply because they choose to use a post office box address instead of a physical address. These are no-nonsense bills that preserve fundamental Constitutional rights for all Americans while preserving the necessary safeguards to ensure firearms remain out of the hands of those who should not possess them,” said Lawrence G. Keane, Senior Vice President & General Counsel for NSSF, The Firearm Industry Trade Association.
Interesting bill that popped up in the South Dakota State Legislature this week. As noted in the Dakota Scout:
Sen. Tim Reed, R-Brookings, supported the bill on the Senate floor Wednesday. Reed said he currently serves as president of his HOA and keeps track of bylaws and covenants. Five people sit on the HOA board out of 92 total members.
“Five people could do this,” he said. “That’s why I think this bill is so important.”
Sen. Reynold Nesiba, D-Sioux Falls, said the issue pits two values against each other: property rights and gun rights.
Led by Senate Democrat Leader Reynold Nesiba, a majority of the Democrats in the State Senate voted against limiting the power of HOA’s to stop the second amendment at the entrance to South Dakota’s gated communities.
Voting to allow HOA’s to give themselves the ability to grab guns were three of the four Democrats in the State Senate, Senators Nesiba, Liz Larson, and Shawn Bordeaux. Democrat Red Dawn Foster voted with the Republican Majority to prevent any such overreach.
Rounds, King Introduce Bipartisan Legislation to Fast-Track Combat Veterans’ Access to Health Care Benefits
WASHINGTON – U.S. Senators Mike Rounds (R-S.D.) and Angus King (I-Maine), members of the Senate Veterans’ Affairs Committee, introduced bipartisan legislation to allow combat veterans to enroll in their health care benefits program before officially transitioning out of active duty in order to make certain that service members don’t experience a lag in coverage.
The Combat Veterans Pre-Enrollment Act would create an opt-in program allowing transitioning service members to access VA health care services on their first day as a civilian. Currently, transitioning service members must wait until they have left the military and received their official separation paperwork, which can take months, to apply for Veterans Health Administration health care and other services, creating a period where veterans do not have access to the health care benefits they have earned.
Rounds and King are joined by Senators Joe Manchin (D-W.Va.) and Kevin Cramer (R-N.D.).
“Veterans represent the best of our country. Our men and women in uniform have made incredible sacrifices so that we can be free, and we have a responsibility to fulfill our commitment to them once their service is complete,” said Rounds. “The Combat Veterans Pre-Enrollment Act would eliminate the lapse in care that many service members face when transitioning from the military to civilian life, and make certain that service members have timely access to the health care services they need upon separation from the military.”
“Our combat veterans continually put their lives on the line to protect our freedoms and they deserve our utmost support and care, they have retired the uniform,” said King. “The Combat Veterans Pre-Enrollment Act is another way in which we can guarantee our servicemembers experience a warm handoff in their transition to civilian life. By eliminating this bureaucratic lag, we can deliver VA benefits to our men and women who served, the moment they return to civilian status.”
“The Combat Veterans Pre-Enrollment Act, S. 3560, is essential to the type of service and support our Service Members immediately need when they transition from the military,” said Marty Pennock, Disabled American Veterans Department of South Dakota Adjutant. “It clearly focuses in on one of the most important areas that arise upon discharge from their Service, and that is in their health. This legislation clearly is founded by those that understand the needs of our military and the importance of getting to the resources and linking our Service Members to VA as early as possible.”
“As Service members make the transition to civilian life it can be a very stressful time,” said Rick Williamson, Department of South Dakota Veterans of Foreign Wars Legislative Chairman. “Making sure that they have healthcare, medications, and benefits is a great start to assuring them the stability they deserve as they enter the next chapter of their life. The Department of South Dakota, Veterans of Foreign Wars of the United States proudly supports this legislation and congratulates Senators Rounds and King for doing the right thing.”
“Transitioning service members face challenges post separation. Making sure these veterans enroll in the healthcare and benefits they have earned will help ease that transition,” said Pat Murray, Legislative Director for Veterans of Foreign Wars. “VFW supports theCombat Veterans Pre-Enrollment Act of 2023in order to make transition easier for the men and women who served our country.”
State Senate hopeful Jordan Youngberg has long given his notice of his intent to run for the District 25 seat currently occupied by State Senator Tom Pischke.
And today it is no longer intent, as Youngberg has filed his petitions with the Secretary of State to be placed on the ballot for that office.
Rounds, Sinema Introduce Legislation to Increase Transparency and Accountability for Financial Regulators
WASHINGTON – U.S. Senators Mike Rounds (R-S.D.), a member of the Senate Committee on Banking, Housing, and Urban Affairs, and Kyrsten Sinema (I-Ariz.) introduced legislation to increase transparency and accountability within the Financial Stability Oversight Council (FSOC). The FSOC Improvement Act would enhance transparency and procedural fairness of the systemically important financial institutions (SIFI) designation process.
Specifically, this legislation would codify 2019 guidance that requires FSOC to determine whether systemic risks could be better addressed through means other than designating a financial institution as a SIFI. It would also require them to consult with the primary regulator and the company on other means to address potential threats to financial stability. Finally, the legislation enhances transparency at the FSOC by requiring the council and its member agencies to report on crisis planning activities and potential threats.
“I believe the FSOC Improvement Act is a crucial step towards enhancing the effectiveness and transparency of our financial regulatory system,” said Rounds. “SIFI designation is a blunt tool that comes with a significant increase in regulatory burden for individual companies. By allowing an affected institution to modify its business, structure or operations prior to the SIFI designation, we are creating a more resilient financial environment for the American people, fostering economic growth and stability.”
“We’re fueling growth and creating careers for Arizonans while increasing transparency,” said Sinema.
Rounds first introduced the FSOC Improvement Act in 2018 during the 115th Congress. Rounds reintroduced this legislation to the 116th Congress in 2019, with Sinema as an original cosponsor.
SIOUX FALLS–District 14 State Senator Larry Zikmund announced his intent to seek reelection for the Legislature today. A respected leader in the Capitol and Sioux Falls, Larry is an experienced and effective public servant advocating for the people of District 14.
“District 14 voters have honored me with the support over the years, and I’ll work hard to earn their support again in 2024,” said Zikmund. “South Dakota is moving forward in the right direction, but we need to keep working on the issues impacting Sioux Falls’ growth and prosperity. Experience matters, and that’s what I’m offering District 14.”
Zikmund was first elected to the South Dakota House of Representatives in 2014, where he served until winning the vacant Senate seat in 2020. He is a member of the state budget setting Appropriations Committee, the Vice-Chair of the Military and Veterans Affairs Committee, and member of the Retirement Laws. A veteran himself, Zikmund is especially proud of his work to support active service members, veterans and their families including his leadership to help build the new South Dakota Veterans Cemetery in Sioux Falls.
District 14 encompasses southeast Sioux Falls in Minnehaha County between Cliff Avenue and Veterans Parkway. Election Day is Nov. 5, 2024.
