Yes, it’s a bit of hyperbole, but when I note “House passes ACLU funding bill out of State Affairs committee” today, I’m referring to House State Affairs’ passage of a bill that we will absolute lose in court on.  That would be Rep. Ismay’s bill to ban paid petition circulators.

They say that insanity is doing the same thing over and over and getting the same result.  Well, that would be House State Affairs, because here we go again with House Bill 1087:

The bill passed with a 9-4 vote, which means it will go to the full House of Representatives.

Opponents said the bill would trigger a legal challenge if enacted and cost thousands of taxpayer dollars to defend. Opponents included the American Civil Liberties Union of South Dakota, South Dakota Advocacy Network for Women, and the South Dakota Education Association.

Rep. Tim Reisch, R-Howard, echoed their concerns.

“We’re not going to give our teachers a pay raise, we’re out of money, and we’re going to pass a bill that we know is going to cost the taxpayers millions of dollars,” Reisch said. “I’m going to be a ‘no’ on this.”

Read the entire story here.

Unless there’s a new US Supreme Court decision, or the bench changes significantly in the 8th District.. we already know this dog just isn’t going to hunt.  It’s not new law, and we’ve tested it more than once.  Legislators should move on and not waste the state’s money in a year we don’t have any.

Representative Kent Roe has had enough of the anti-economic development election year politics from gubernatorial candidate, Jon Hansen.

Tonight, Roe took to Facebook to call him out by name for Hansen‘s promotion of NIMBY and BANANA-ism to the detriment of South Dakota:

This type of legislation sends shock waves into all of the United States. It sends a clear message: GET OFF MY LAWN! Straight out of the Bernie Sanders anti-AI and anti-America playbook.  It also reveals what a Hansen administration would likely look like. The sponsors loosely say it’s ok now for GOED to operate, but “wait until I get my hands on that program too!

Kent is such a gentleman – but clearly, he’s got some fight to bring jobs and development for his District!

I’m sure we’re going to hear more about this and Hansen’s “Bernie Sanders anti-AI and anti-America playbook” soon!

From State Senator Amber Hulse comes legislation to help preserve the freedom of speech when it takes the form of “protected public expression.”  The laws are becoming more and more common across the country, which is commonly referred to as anti-SLAPP Legislation. Referring to the definition as provided by the Reporters Committee for Freedom of the Press:

Short for strategic lawsuits against public participation, SLAPPs have become an all-too-common tool for intimidating and silencing criticism through expensive, baseless legal proceedings.

Anti-SLAPP laws are meant to provide a remedy to SLAPP suits. Anti-SLAPP laws are intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their First Amendment rights. In terms of reporting, news organizations and individual journalists can use anti-SLAPP statutes to protect themselves from the financial threat of a groundless defamation case brought by a subject of an enterprise or investigative story.

Under most anti-SLAPP statutes, the person sued makes a motion to strike the case because it involves speech on a matter of public concern. The plaintiff then has the burden of showing a probability that they will prevail in the suit — meaning they must show that they have evidence that could result in a favorable verdict. If the plaintiff cannot meet this burden and the suit is dismissed through anti-SLAPP proceedings, many statutes allow defendants to collect attorney’s fees from the plaintiff.

Read that here.

Hulse’s Senate Bill 137 proposes protective measures for those who are exercising their freedom of speech or the press on matters of public concern, which puts a heavier burden on someone who is attempting to use threats of a lawsuit and it’s expense in defending it as a way to silence their opponents:

Senate Bill 137
Introduced by: Senator Hulse

An Act to establish procedures for anti-SLAPP actions to protect the exercise of a person’s constitutional rights, including freedom of speech.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 15:

Except as otherwise provided in section 2 of this Act, the provisions of this chapter apply to a cause of action against a person based on the person’s protected public expression. For purposes of this chapter, “protected public expression” includes:

(1) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(2) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

(3) Exercise of the person’s right of freedom of speech or of the press, the right to assemble or petition, or the right of association, as guaranteed by the United States Constitution or South Dakota Constitution, on a matter of public concern.

… read the entire bill here.

In a year where there’s a lot of goofiness up in Pierre, I think we should support legislators when they bring legislation to protect the public’s rights, especially our rights to speak truth to power in times where people are abusing the courts to squelch opposition.

If you care about the first amendment, you should encourage your legislator to sign on.

Kudos to Amber, and stay tuned!

Funny coincidence. House Bills 1083 and 1084, which I’ve written about at length over the last few days, had Lobbyists from the Unified Judicial System in committee testifying in favor of those bills this morning that were shot down/heavily modified.   Why is that coincidental? Because I’m hearing where they weren’t was on the House floor where opponents had the opportunity to share the problems with House Bill 1015.

And it ends up that the bill didn’t fare so well..

It failed 33-34.   But I’m told it will be up for reconsideration.  And when that happens, my thought it that it’s in a good spot where it ended up today – defeated on the House Floor. And there’s no need for a do-over.

As I noted several days ago, the White House is dead-set against cashless bail, and has issued executive orders against the practice, threatening federal funds. And that’s just the start of the problems.  In Pennington County where the project had been piloted, since it began, the jail population has expanded and as I’m told, the racial disparity it hoped to combat has increased.

That might be anecdotal, but as I spoke with one State’s Attorney today, he brought up this bill, and expressed that South Dakota’s Court Service Officers have a hefty caseload already. And a cashless bail program that places a higher workload on them is not a good thing.

It’s an experiment that was tried in one county, but doesn’t seem to have delivered as promised.. and now UJS is looking for a statewide pilot?’

But don’t listen to me. What do I know? I write about things.

Instead, reach out to the people who try to keep communities safe. I think anyone and everyone who voted in favor of this measure should reach out to their county state’s attorney and ask them what they think of the proposal of a cashless bail program, what it will do to the caseload of themselves as well as court service officers, and how it will affect the safety of their community.

Gov. Rhoden Requests Advisory Opinion of Supreme Court

PIERRE, S.D. – Today, Governor Larry Rhoden requested an advisory opinion of the Supreme Court of South Dakota, asking whether the South Dakota Constitution grants the Lieutenant Governor, while serving as the President of the Senate, the authority to cast a vote in the event of a tie. You can find the Governor’s request for an advisory opinion here.

“If a tie-breaking vote cannot be cast for final passage, it will be impossible for any such piece of legislation to pass the legislature and be presented to the Governor for signature or veto. An advisory opinion from the Court is the only realistic way to resolve this question,” wrote Governor Larry Rhoden. “This is a matter of great public importance, and of significant impact on state government. Judicial interpretation would bring clarity and certainty to this matter going forward.”

Last week, a vote on the final passage of Senate Bill 25 resulted in a tie, leading the Lt. Governor to cast a tie-breaking vote. Senator Chris Karr challenged his action, and the Senate sustained that challenge. That entire exchange can be viewed here, beginning at 34:40.

With a Senator on extended absence due to illness, a tie vote could occur regularly in the coming weeks.

According to Article 5, Section 5, of the South Dakota Constitution, the Governor may request opinions of the state Supreme Court upon:

• Important questions of law involved in the exercise of the Governor’s executive powers; and
• Solemn occasions, such as this.

“As President of the Senate, my priority is to preside according to the Constitution and Senate rules and precedents,” said Lt. Governor Tony Venhuizen. “I would welcome clarity from the Court so there is no question in the future about the constitutional rule in this area.”

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Jongeling Announces Bid for District 6 House
Community Advocate & Leader to Bring Commonsense to Pierre

LINCOLN COUNTY–Republican Jerry Jongeling announced his bid today to represent Tea, Harrisburg and southwest Sioux Falls in the State House of Representatives for District 6. The open seat is being vacated by Rep. Aaron Aylward.

“Thanks to the encouragement of friends and family, I’m excited to throw my hat in the ring to fight for Lincoln County in the State House,” said Jongeling. “It’s an important time to get involved to make sure the decisions in Pierre reflect our county and our values. As your next Representative for District 6, you can rely on me to be a strong voice for lower taxes, a strong economy, and defending our freedoms.”

On his platform of commonsense solutions, Jerry will defend the values that define South Dakota: hard work, fiscal responsibility, and the protection of personal liberties. Following in the footsteps of his friend and campaign committee chairman, former District 6 Legislator Herman Otten, Jerry will stand up for Lincoln County in the Legislature.

“Jerry is a dedicated member of the community, and will be an excellent Legislator. He has my full support and endorsement,” said Otten. “I’ve seen firsthand Jerry’s ability to bring commonsense and South Dakota grit to problem solving. That’s exactly what we need more of in Pierre.”

Jerry lives in rural Lincoln County with his wife Alecia. The couple is parents to Carter (22)—who serves in the Air National Guard—and Alyssa (18). He holds an associate’s degree in electrical construction and maintenance from Mitchell Technical Institute. Jerry worked for 14 years in commercial electrical construction before joining the City of Sioux Falls where he serves as the Light, Power and Traffic Superintendent. In 2019, he was appointed to the Lincoln County Planning and Zoning Commission. Jerry also serves on the Heartland Energy Board of Directors, the state’s largest consumer power district, and the South Dakota Municipal Electric Association board.

The Republican Primary Election is Tuesday, June 2, 2026. Visit www.JerryForSD.com for more information and follow the campaign on Facebook at facebook.com/jerryforsd.

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After it cost me an arm, leg, and part of my soul, my South Dakota political ribbons arrived from Texas this morning – and they are nice!  The picture I had from earlier did not do the Pettigrew ribbon justice:

The Teddy Roosevelt – William Taft – Chas. H. Burke for Congress ribbon.. I’m guessing is for the 1908 Congressional race, as Roosevelt and Taft were on the same team at that point before the split in the Republican Party (sound familiar?).

The Frank Pettigrew – the Pickerel Statesman – First Senator from South Dakota ribbon- From the 1894 or 1900 race.  Given the style of other ribbons I own with this style fringe (Wolsey for Capital 1890) this might be the earlier 1894 race.

And a real gem – this 1890 South Dakota Republican Ticket ballot ribbon – which makes it tied for my 3rd oldest ribbon. AND it has a crazy slate of collectible “themes” connected to it;   It has the 1890 vote for Pierre as the permanent seat of government.  It is connected with the state’s Women’s Suffrage movement (Shall the word “male” be stricken from section 1 article 7 of the constitution). AND it is a super rare campaign piece advocating for Governor Arthur C. Mellette, South Dakota’s first Governor.

The rest of the piece leads me to believe that this originated from here in my residence of Brookings as it advertises for several candidates which match those noted as being on the Republican ticket in the October 10, 1890 Brookings Register.

Some great items returned from the wilds of Texas back to the bosom of South Dakota!

And it helps me fill out a frame for South Dakota’s first US Senator!

House Judiciary Committee took solid action this morning on two bills that I had written about last week and yesterday that had A LOT of problems, and were just generally offensive to free speech as well as government transparency.

House Bill 1083, which wanted to “establish the crime of felony stalking of a public official” was sent to the 41st day on a vote of 11-2, despite testimony from the Governor’s office that claimed the punitive action against those disclosing information about public officials hinged on “intent,” and would not stifle free speech.  The law was widely supported by representatives of law enforcement – and I’d agree with them, due to the nature of what they do – but the devil is in the details as the lobbyist for the defense attorneys pointed out the constitutional issues, and just picked it apart noting that the the bill wanted to include using biometric data (a.k.a., a picture of someone’s face) as stalking.   It was also noted that we already have laws in place for much of what this legislation was attempting to re-do.

And then the committee started in. It did not survive the gauntlet of attorneys on House Judiciary who pointed out the bill’s problems. Rep. John Hughes led off the cross-examination of the bills main proponent quickly followed by most of the other attorneys on the committee including the chair. It was easily defeated.

House Bill 1084, again was trying to create a special class of protected politicians in terms of the voter database. This bill enjoyed many of the same supporters, but Justin Smith, the lobbyist for the South Dakota NewsMedia Association joined the fray, and pointed out the problems that this bill had.  Rep. Matt Roby stepped in with an amendment which stripped out the offensive protections for elected officials, leaving the address redactions for law enforcement and judges in the measure, making it a much more palatable bill.  I believe it passed 12-1 (and if I got that wrong, I’ll correct.)

A bad bill sent to the perdition of the 41st day, and another one reasonably fixed.  That’s a good committee result by anyone’s standard.

Attorney General Jackley Announces 11 Indictments in Connection  With Suspected Prison Drug Overdose Death

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that 11 people, including seven prison inmates, three private citizens, and one person who was a state government employee at the time, have been indicted in connection with a November 2025 drug overdose death of an inmate at the Mike Durfee State Prison in Springfield.

Timothy Tyree, 46, was reported deceased Nov. 17, 2025.  An autopsy revealed he had ingested synthetic cannabinoids (K2). During the same time, other inmates had indicated that they also had ingested K2.

“Our investigation uncovered a criminal conspiracy in which four private individuals—including one employed by the prison—were smuggling illegal drugs to inmates,” said Attorney General Jackley.  “Illegal substances inside our prison walls create a dangerous environment for both inmates and staff. That’s why this year I introduced legislation to strengthen our law for anyone attempting to smuggle these poisons into our facilities and to deter and stop these drugs from resulting in another tragic overdose.”

Those charged are:

*** Vanessa Baker, 54, Echo, MN on five charges: Distribution of Controlled Substances Resulting in Death; Aiding, Abetting, or Advising Distribution of Controlled Substance Resulting in Death; Conspiracy to Distribute Controlled Substance Resulting in Death; Distribution of Controlled Substance; and Delivery or Intent to Deliver Unauthorized Article to Inmate. Faces a combined maximum sentence of 60 years in prison or jail.

*** Morgan Benson, 27, Sioux Falls, SD on five charges: Distribution of Controlled Substances Resulting in Death; Aiding, Abetting, or Advising Distribution of Controlled Substance Resulting in Death; Conspiracy to Distribute Controlled Substance Resulting in Death; Distribution of Controlled Substance; and Delivery or Intent to Deliver Unauthorized Article to Inmate. Faces a combined maximum sentence of 60 years in prison or jail.

*** Tricia Bradley, 56, Springfield, SD on five charges: Distribution of Controlled Substances Resulting in Death; Aiding, Abetting, or Advising Distribution of Controlled Substance Resulting in Death; Conspiracy to Distribute Controlled Substance Resulting in Death; Distribution of Controlled Substance; and Delivery or Intent to Deliver Unauthorized Article to Inmate. Faces a combined maximum sentence of 60 years in prison or jail.

*** Wicanhpiduta Brant, Inmate, Mike Durfee Prison on six charges: Distribution of Controlled Substances Resulting in Death; Aiding, Abetting, or Advising Distribution of Controlled Substance Resulting in Death; Conspiracy to Distribute Controlled Substance Resulting in Death; Distribution of Controlled Substance; Delivery or Intent to Deliver Unauthorized Article to Inmate; and Possession of Prohibited Controlled Substance by Inmate. Faces a combined maximum sentence of 70 years in prison or jail.

*** Tyler Gallant, 36, Inmate, Mike Durfee Prison on six charges: Distribution of Controlled Substances Resulting in Death; Aiding, Abetting, or Advising Distribution of Controlled Substance Resulting in Death; Conspiracy to Distribute Controlled Substance Resulting in Death; Distribution of Controlled Substance; Delivery or Intent to Deliver Unauthorized Article to Inmate; and Possession of Prohibited Controlled Substance by Inmate. Faces a combined maximum sentence of 70 years in prison or jail.

*** Kok Put Kach, 41, Sioux Falls, SD on five charges: Distribution of Controlled Substances Resulting in Death; Aiding, Abetting, or Advising Distribution of Controlled Substance Resulting in Death; Conspiracy to Distribute Controlled Substance Resulting in Death; Distribution of Controlled Substance; and Delivery or Intent to Deliver Unauthorized Article to Inmate. Faces a combined maximum sentence of 60 years in prison or jail.

*** Duoth Kek, 40, Inmate, Mike Durfee Prison on five charges: Distribution of Controlled Substances Resulting in Death; Aiding, Abetting, or Advising Distribution of Controlled Substance Resulting in Death; Conspiracy to Distribute Controlled Substance Resulting in Death; Distribution of Controlled Substance; and Delivery or Intent to Deliver Unauthorized Article to Inmate. Faces a combined maximum sentence of 60 years in prison or jail.

*** Komakeg Loyira, 30, Inmate, Mike Durfee Prison on five charges: Distribution of Controlled Substances Resulting in Death; Aiding, Abetting, or Advising Distribution of Controlled Substance Resulting in Death; Conspiracy to Distribute Controlled Substance Resulting in Death; Distribution of Controlled Substance; and Delivery or Intent to Deliver Unauthorized Article to Inmate. Faces a combined maximum sentence of 60 years in prison or jail.

*** Saquan Pemberton, 30, Inmate, Mike Durfee Prison on six charges: Distribution of Controlled Substances Resulting in Death; Aiding, Abetting, or Advising Distribution of Controlled Substance Resulting in Death; Conspiracy to Distribute Controlled Substance Resulting in Death; Distribution of Controlled Substance; Delivery or Intent to Deliver Unauthorized Article to Inmate; and Possession of Prohibited Controlled Substance by Inmate. Faces a combined maximum sentence of 70 years in prison or jail.

*** Keith Hawk, 30, Inmate, Mike Durfee Prison on two charges: Possession of Prohibited Controlled Substance by an Inmate and Unauthorized Possession of a Controlled Substance.  Faces a combined maximum sentence of 15 years in prison or jail.

*** Trenton Redwater, 27, Mitchell on two charges: Aiding, Abetting or Advising Possession of Prohibited Controlled Substance by an Inmate and Keeping Place for Use or Sale of a Controlled Substance. Faces a combined maximum sentence of 15 years in prison or jail. He was an inmate at the time the crime was committed.

The maximum sentences for some of the indicted defendants may be enhanced by habitual offender provisions or by state law which allows for certain criminal penalties to be doubled when committed by prisoners of a state correctional facility.

South Dakota’s Division of Criminal Investigation (DCI) and the Department of Corrections Office of the Inspector General investigated the death. The Attorney General’s Office will prosecute.

The defendants were indicted last week by a Bon Homme County Grand Jury. They are presumed innocent under the U.S. Constitution.

Charges have now been filed in four of the eight suspected drug overdose deaths of prison inmates that occurred in 2025. The other three are currently proceeding through court. The four other cases remain under investigation.

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Was this Karla Lems’ Lt Gov Campaign finance report or her legislative report? Because we’re not seeing a lot of people all-in on her race to be Hansen’s Lt. Governor:

Karla Lems Year End Report by Pat Powers

Unitemized Contributions of $500.00, with a few others maxing out under itemized Contributions at $23,550.00. And a family member did make a $20,000.00 loan.

They did stick $30,144.94 of the advertising budget under this committee. No info whether wrapping the camper was part of the expense.

The Hansen for Governor part of the campaign committee probably needs to impress us with how much they were able to haul out of pizza ranch fundraisers. Because otherwise they should pack it up, and the salad bar should be closed due to wilted lettuce and weak fundraising.