I received a letter in the mail today from Secretary of State candidate Monae Johnson, where she explained her platform as a candidate for Secretary of State. Unfortunately, I’m not getting the impression that she researched the issues she’s running on very well, because one of the major parts of her platform she’s running on has been held as being unconstitutional:

Johnson throws out the canard that “Residency requirements should be tightened so that non-South Dakotans cannot register to vote using campgrounds, mail forwarding services or businesses like Walmart as their residential addresses.”

Ugh. The problem with her platform of disenfranchising a group of people because they might travel in RV’s? It might be a trendy talking point for the “my pillow” crowd, but in her quest to strip voting rights from a group of people, she doesn’t note that it has been tried before. And courts had held that you can’t do that.

I’d written about this topic back in 2016, and the same ruling from the US Supreme Court is still out there, last I’d checked, as per Dunn v. Blumstein:

Durational residence requirements completely bar from voting all residents not meeting the fixed durational standards. By denying some citizens the right to vote, such laws deprive them of ” `a fundamental political right, . . . preservative of all rights.

and…

This exacting test is appropriate for another reason, never considered in Drueding: Tennessee’s durational residence laws classify bona fide residents on the basis of recent travel, penalizing those persons, and only those persons, who have gone from one jurisdiction to another during the qualifying period. Thus, the durational residence requirement directly impinges on the exercise of a second fundamental personal right, the right to travel.

“[F]reedom to travel throughout the United States has long been recognized as a basic right under the Constitution.”

and…

In sum, durational residence laws must be measured by a strict equal protection test: they are unconstitutional unless the State can demonstrate that such laws are “necessary to promote a compelling governmental interest.

and…

Preservation of the “purity of the ballot box” is a formidable-sounding state interest. The impurities feared, variously called “dual voting” and “colonization,” all involve voting by nonresidents, either singly or in groups. The main concern is that nonresidents will temporarily invade the State or county, falsely swear that they are residents to become eligible to vote, and, by voting, allow a candidate to win by fraud. Surely the prevention of such fraud is a legitimate and compelling government goal. But it is impossible to view durational residence requirements as necessary to achieve that state interest.

Read it all here.

The effort to preserve the “purity of the ballot box” by keeping those RV residents out has been attempted, and declared out of bounds by the US Supreme Court.  There are also those who consider these requirements to be violative of the equal protection clause.

There’s also the question of why on earth we would want to bar people from establishing residency in this state? If people who travel the country want to establish their home base here, pay license registration fees here, get a driver’s license here, after we market this state as having no state income tax, and low fees.. why would we then put up an artificial wall and declare we do not want them?

This is just bad policy. And an even worse campaign plank.

If we’re going to send someone to Pierre, it should be someone who speaks to our aspirations. Not on the basis of some ginned up xenophobia to outsiders.

Watertown City Councilman Colin Paulsen got his tail good and kicked in the District 5 State Senate election by Senate President Pro Tempore Lee Schoenbeck in a 59-41% blowout.

So what is a losing candidate to do?

You bring a lawsuit against the city of Watertown, of course, because it’s all their fault.

14civ22-000182_affidavit of Plaintiff by Pat Powers on Scribd

I’ve honestly got to say, that’s a first. Haven’t seen that one before.

Paulsen is relying on the supposition that he lost his election because Lee Schoenbeck might have had bigger signs than he did. And he thinks because he lost on this basis, the taxpayers of the city should have to pay up the money he’s out from what he would’ve earned as his legislative salary.

There are no words to describe how loony this lawsuit appears. Especially as he gives a description of the cause of action.

If you’re on the City Council, and you can’t spell it correctly in your lawsuit, people might question if your head is screwed on right.

Collin Paulsen lost one election because voters judged Lee Schoenbeck to be the better man. I suspect when Colin is up for his next election, voters will remember this, and think the same about his next opponent as well.

In the run up to the Republican convention, apparently there were rumors swirling of Attorney General Jason Ravnsborg staying on at the AG’s office if DCI director Dave Natvig was selected. But according to the Argus this afternoon, those rumors are not true:

DCI Director Dave Natvig, among two declared Republicans seeking the soon-to-be open attorney general position, told the Argus Leader this week that if his candidacy is successful, he will not hire outgoing Attorney General Jason Ravnsborg.

“He will not be employed by either the attorney general’s office or the Division of Criminal Investigation,” said Natvig in hopes of dispelling rumors to the contrary that have swirled in South Dakota political circles ahead of the convention.

and..

If he’s elected in November, Jackley said Wednesday that he has no intention of hiring Ravnsborg either.

Read the entire story here.

As a delegate myself, I hadn’t heard those rumors, but apparently it’s a slow news day.

From FOX News, South Dakota Senator John Thune has introduced a measure to ensure that Google and other e-mail providers aren’t being selective when they decide which political e-mails you receive, and which you don’t:

The bill from Thune, R-S.D., is a reaction to a study from North Carolina State University that found Gmail sends a much higher percentage of Republican candidates’ emails to spam than Democrats. It has the support of the entire GOP leadership team, including Senate Minority Leader Mitch McConnell, R-Ky., and 19 other Republican senators.

Called the Political BIAS Emails Act, the bill would ban email services from applying filtering algorithms to messages from federal political campaigns.

and..

“We asked people come in and defend it, and they said, well, you know, that doesn’t comport with our data or whatever. But they didn’t really offer an alternative,” the Senate minority whip said.

“What happened was our members got more and more agitated as they talked about this,” Thune continued, “because they didn’t have a good explanation for why a consumer shouldn’t have the option of making a decision about whether or not, you know, a company sends information based on a filtering algorithm to spam.”

Read the entire story here.

Big brother might be subtle in how they select what information you receive, but unless they’re going to treat everyone equally, it may very well require intervention to make sure that one group isn’t favored over another.

I’m a little late on this, but former School & Lands Commissioner Sheldon Cotton passed away late this last month, having served as both State Representative, and served as an appointee to the office of School & Public Lands for a few years:

Always active in Republican Party Politics, he was elected to the South Dakota State House of Representatives in November 1980. There, he served for two terms on the Committee on State Affairs, as well as the Committee on Agriculture and Natural Resources, where for the last two years of his term he was Vice Chair. In the spring of 1984, he was engaged by the South Dakota Department of Economic Development as the Agricultural Resources Development Coordinator for the State of South Dakota.

In November 1984, Cotton was appointed by Governor Janklow to be commissioner of school and public lands for the State of South Dakota, a position he held until January 1987, when he became territory manager for Gerber Industries.

Read that here.

Sheldon’s tenure in the Office of School and Lands is interesting to reflect on as we approach this years’ convention, as he was an appointee assuming a vacancy who ran for a full term, but found himself narrowly turned away at the 1986 Republican Convention by convention attendees who went for Tim Amdahl, who successfully wooed 4 of 5 Minnehaha delegates, giving him a win of 104,341 to 91,402 in the weighted vote.

Amdahl found himself embattled at the time of his own re-election in 1990, when he was hotly criticized for the School and Lands proceeds falling short 2.3 Million from the prior year after reducing lease rates to fulfill a campaign promise, but not keeping the legislature abreast of the development. He made it through convention, surviving a challenge from his Deputy Jim Schade, but lost in the fall to Democrat Curt Johnson.

SOUTH DAKOTA RETAILERS RELEASES TAX POLLING RESULTS

PIERRE, SD – In the leadup to the June 7 primary election, the South Dakota Retailers Association commissioned a poll to gauge public perceptions of property taxes, income taxes, and the state’s 4.5 percent sales tax rate.

The poll, conducted by Public Opinion Strategies May 12-15, 2022, surveyed 300 likely primary voters, including 180 cell phone respondents. It has a margin of error of plus/minus 5.66 percent.

Voters overwhelmingly say that the current 4.5 percent sales tax rate is “about right,” but are split on property taxes. Opposition to implementing a personal income tax is high.

“South Dakota is often cited as one of the best-run states in the nation and our current tax system reflects that,” said Retailers Association Exec. Dir. Nathan Sanderson. “Policymakers sometimes talk about dramatic changes, but from the perspective of our citizens, our tax policy seems about right.”

When asked, “Do you think the South Dakota sales tax of four point five percent is too high, too low, or about right?,” 14 percent say too high, 5 percent too low, and 79 percent about right, with 2 percent unsure.

Large majorities of voters across partisan lines believe the 4.5 percent sales tax is about right. Base Republicans (83 percent), Soft Republicans (79 percent), Independents (77 percent), Soft Democrats (73 percent), and Base Democrats (76 percent) all say the current sales tax rate is about right.

Property taxes poll somewhat differently. When asked, “Do you think real estate property taxes in South Dakota are too high, too low, or about right?,” 49 percent say too high, 3 percent too low, and 41 percent about right, with 7 percent unsure. Black Hills voters (60 percent) and older voters (55 percent) are most likely to think property taxes are too high.

Little support exists for a personal income tax. When asked, “Would you favor or oppose South Dakota having a personal income tax?,” 6 percent strongly favor, 10 percent somewhat favor, 13 percent somewhat oppose, and 67 percent strongly oppose, with 4 percent unsure. Overall, 80 percent of South Dakotans polled oppose an income tax, while only 16 percent favor.

“South Dakotans enjoy one of the country’s lowest overall tax burdens,” Sanderson noted. “It’s pretty clear that South Dakota voters appreciate the state’s responsible approach to tax policy.”

Retailers Poll Key Findings Memo June 2022 by Pat Powers on Scribd

The GOP Convention is next week, and the field is thinning as we inch closer to the election.

Recap of the District 30 election, and what lies ahead
by Rep. Tim Goodwin

Greetings!  Well, the Primary Election for the legislature has come and gone.  Seems like a long time ago already.  In District 30, the House of Representatives race, the unofficial results were as follows:

• Dennis Krull        2535 votes for 27%
• Trish Ladner       2133 votes for 25%
• Patrick Bauman  2033 votes for 23%
• Lisa Gennaro      1309 votes for 15%
• Gerald Herrick    660 votes for 8%.

Congratulations to Representative Elect Dennis Krull and Representative Trish Ladner on winning your House seats!

In District 30, Senate race, the unofficial results are:

• Julie Frye-Mueller       2848 votes for 50%
• Timothy R. Goodwin   2802 votes for 50%.

So, there you have it.  Everyone is asking if I am going to request a recount.  The closeness of the race is within the recount window.  Soooo….Yes.  I am going to request a recount.

My layman’s understanding is the Secretary of State validates the election on Tuesday, June 14^th.  After that I have 3 days to ask for a recount.  I plan on submitting my recount request paperwork on Wednesday, June 15^th.  From there, the Secretary of State, Steve Barnett, coordinates the recount with the 3 county seats in Rapid City, Custer, and Hot Springs.  I am asking for the recounts not to be done simultaneously like they have in the past.  My understanding is if there are multiple counties, I can ask to do the recount sequentially and not all at the same time.  No dates are obviously set yet, but my estimation would be the last week of June.

We have Special Session about the impeachment trial June 21 and 22.  Even though the House has already impeached the Attorney General, we are required to be there for the two-day Special Session.  So, it looks like we will gavel in on the 21^st and gavel out on June 22, or what is called “sine and die.”  I wrote an article about sine die a couple of years ago.  You can look up all my articles at my internet page.  Just search timrgoodwin.com then click on “blog”.

The next possible conflict is the Republican Convention in Watertown, of which Marcia and I are delegates.  Those dates are June 23 through 25.

The other question everyone is asking after, “Are you going to request a recount?” is, “Do you think you will win?”  My answer is that I am cautiously optimistic.  Yes, I know some election details that are very much in my favor.  Until then…

To the citizens of South Dakota and to the men and women in uniform, in honor of all who served, in respectful memory of all who fell, and in great appreciation to those who serve today, Thank You, for giving me the opportunity to represent you.

Tim R. Goodwin, District 30 Representative and candidate for Senate
Tim.goodwin@sdlegislature.gov

June 9, 1972, started out as a typical rainy summer day in the Black Hills. While the rain was heavy that Friday evening, there was no cause for alarm as residents went about their normal routines. Fifty years later, we look back and remember the devastation that would soon follow.

Late that evening after 15 inches of rain fell in the area, Rapid Creek and other waterways began to overflow. The Canyon Lake dam burst after being clogged with debris. A wall or rushing water slammed into the residential areas in Rapid City. The cries of residents taking refuge in trees and roofs could be heard throughout the night. When the sun came up, the light revealed the devastation that had taken place. The flood took 238 lives and injured 3,057. Over 1,300 homes and 5,000 automobiles were swept away. The value of property damage was estimated to be over $160 million—the same value as over $1 billion today.

The days and months that followed were full of heartache and loss, but also determination. The National Guard was called in and served alongside the community. Together, they searched for bodies among the rubble and cleared out debris.

Fifty years later, residents still vividly recall the horror of that day. The cleanup took months, and the rebuilding took years. Departments, agencies, architects, construction workers, and engineers worked together to rebuild Rapid City. Today the city enjoys a vast greenway and park system throughout the city where rezoning has prohibited housing along the creek. Thankfully, the United States now employs an early flood warning system with the hopes of preventing disasters such as this.

The Rapid City Flood was a tragedy. The lives, homes, and businesses lost have created gaps in the Rapid City community that are still felt by many. But I know the teamwork and fortitude that came in the following days has made Rapid City a stronger community.

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On June 14^th each year, we celebrate the American Flag as an enduring symbol of freedom, equality, justice, and hope. Our flag is more than a symbol of our country’s core values — it also represents the toil and sacrifice of so many who have worked to lift America to the top of the world stage.

Flag Day officially commemorates the Continental Congress’ approval of the design on June 14, 1777. Some scholars believe the tradition of Flag Day began around 1889, the same year South Dakota became a state. In 1927, President Calvin Coolidge signed a proclamation honoring Flag Day. He noted, “when we look at our flag and behold it emblazoned with all our rights, we must remember that it is equally a symbol of our duties. Every glory that we associate with it is the result of duty done.”

Those American duties — the personal responsibility of our people — are wonderfully depicted in the colors of our flag. Red stands for hardiness and valor – the American people tamed a continent and have fought and died for generations to defend the freedoms that make our nation great. White stands for purity and innocence — our nation was the first in history to be founded on an ideal, “that all men are created equal,” and we must remain pure to that ideal in everything that we do. And Blue symbolizes justice for all — our nation stands for equal rights, equal treatment under the law, and limited government that doesn’t pick winners and losers.

We recently honored Memorial Day, and it was a tremendous reminder of the values depicted by our flag. Standing with rain-soaked patriots at the Black Hills National Cemetery, I watched as veteran after veteran, family after family, presented wreaths in honor of the more than 3,000 South Dakotans who made the ultimate sacrifice for our freedoms.

As I watched a wheelchair-bound veteran endure the rain to participate in a flag presentation to a World War II veteran, the symbol of the red, white, and blue became more powerful. They call the flag “Old Glory.” She’s 245 years old, but her glory is eternal — the result of generations continuing to fulfill their duty to serve.

We must keep America strong so the flag can remain a symbol of hope for those yearning for freedom. President George Washington once said, “We take the stars from heaven, the red from our mother country (Great Britain), separating it by white stripes, thus showing that we have separated from her, and the white stripes shall go down to posterity representing Liberty.” That Liberty has remained a beacon for so many around the world, and we must keep it that way.

For too long, there has been a radical push to redefine what the American Flag represents. We must reject that movement, but we must also recognize that our nation is always finding ways to improve and learn from mistakes. When our nation mourns, we lower the flag; we do not tear it down completely. It’s our history. It’s our heroes. It’s our legacy as the first nation to break through tyranny to self-govern under the rights given to us by our Creator.

Our Founding Fathers took 13 colonies and built One Nation Under God. It is our responsibility to continue that legacy and protect the flag as a symbol of freedom and democracy around the world.

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