The Brookings Opt-out, the second largest in State History, fell hard tonight on a 24-76% vote:

The opt out, which contained no capital improvements, and in an environment where no cost cutting measures were taken before the vote, did not fare well in many areas. In the Aurora portion of the District, the opt out went down on a vote of 200-7.

That might have been a strong indicator of how the night was going to go.

After Noem Push, USDA Puts Controversial 4H Rodeo Rule Under Review

USDA Secretary: 4-H may organize its rodeos in South Dakota as it always has 

WASHINGTON, D.C. – After a strong push from Rep. Kristi Noem, U.S. Secretary of Agriculture Sonny Perdue today informed her the agency would review its legal opinion of Title IX’s application to 4-H youth rodeo. Barring action from Noem, the U.S. Department of Agriculture was moving forward with the elimination of exclusively “boys” and “girls” events in 4-H youth rodeo, against the wishes of many within the rodeo community.

“The previous legal opinion was more about political correctness than the rodeo experience for the kids involved,” said Noem. “After months of pressure, the USDA finally listened to those actually involved in the rodeo, hit pause, and allowed South Dakota youth rodeo to continue to operate as it has for decades. I am grateful to Secretary Perdue for hearing us out and helping me push career bureaucrats to take South Dakota 4-H seriously.”

In November 2017, Noem wrote Secretary Perdue regarding the issue. She explained in the letter that: “Whether it is barrel racing or calf roping, the differences between the male and female competitors can create unfair advantages… As a mother who has had three children participate in the program and volunteered for 16 years, I respectfully request your department conduct a review of its legal opinion…”

Earlier today, Secretary Perdue wrote in response that it would withhold action while the U.S. Department of Education conducted a broader review of Title IX regulations. The Secretary further confirmed that “It would also not be appropriate for the USDA to take action against the traditional structure of South Dakota’s 4-H rodeos while this review is ongoing. 4-H may organize its rodeos in South Dakota as it always has.”

Link to Secretary Perdue’s Full Response.
Link to Rep. Noem’s Full Letter.

Jackley Meets with President Trump’s Legal Team

WASHINGTON, DC: Just seven days from South Dakota’s historic U.S. Supreme Court tax fairness case, Attorney General Marty Jackley is meeting with President Donald Trump’s legal team.

The meeting at the Department of Justice gives Jackley and the Office of the Solicitor General an opportunity to outline their strategy for SD v Wayfair.

“We’re extremely grateful that President Trump has joined our coalition of 45 attorneys general to level the playing field for Main Street,” Jackley said. “We argued in our final brief yesterday that the revenue lost during out-of-state internet transactions is enough to add nearly $1,000 in education funding for every public high school student in the country—that directly impacts South Dakota.”

Jackley will have 15 minutes to present South Dakota’s case next Tuesday, followed by 10 minutes from the Solicitor General and 30 minutes from out-of-state retailers. Five minutes will be reserved for rebuttal by Jackley.

Both Trump and his Director of the National Economic Council Larry Kudlow have maintained that a favorable ruling for South Dakota would level the playing field for Main Street businesses.

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Noem Releases Plan to Improve Education’s Impact

WATERTOWN, S.D. – Kristi Noem today released a robust plan to improve the impact of South Dakota’s K-12 and post-secondary education systems. The proposal seeks to strengthen elementary and high school education by empowering families, doing more with every taxpayer dollar, creating a culture of performance, rejecting federal overreach, promoting civic education, and exposing kids to in-demand jobs earlier in life. At the same time, Noem seeks to improve post-secondary education by increasing its affordability and arming students with job-ready skills and training.

“We cannot underestimate the influence of a good education,” said Noem. “Students gain confidence and upward mobility, communities often experience decreased crime rates, and employers get access to a skilled workforce, bringing good jobs and higher wages to the area. In many ways, South Dakota excels in the learning opportunities we provide, but as the parent of a high school sophomore, college student, and recent graduate, I can tell you our education system faces challenges too. While recognizing many aspects of a child’s life influence educational success – from family dynamics to school lunches – my administration will work to improve K-12 outcomes and make post-secondary education more affordable and applicable to the modern workforce.”

View or download the complete proposal.

STRENGTHEN K-12 EDUCATION.

South Dakota students consistently produce good test scores, graduate on time, and meet college readiness benchmarks. But many schools struggle to make ends meet, jeopardizing the long-term success of South Dakota’s K-12 education system. As governor, I will be committed to balancing the needs of families, teachers and administrators, and taxpayers as we prepare students for college, the workforce, and citizenship.

Empower families. When it comes to raising kids, family is better than government. As a conservative, I will protect the rights of parents to choose the educational path that’s best for their child, whether it’s homeschooling, public schooling, or a private education. Regardless of a family’s decision, I will work to ensure all students have equal opportunity within the education system.

Do more with every taxpayer dollar. Public education policy is too often evaluated by expenditures, rather than student success. That’s a mistake. We need to focus on creating a better system, not a more expensive one – a goal that can and should be accomplished without taking necessary resources out of classrooms. As governor, I would:

• Work to centralize and standardize purchasing, giving local schools more options to cut costs by taking advantage of the state’s massive buying power;

• Encourage schools to share resources and expand long-distance learning opportunities;

• Assist local school districts in pursuing private funds to mitigate the cost of capital projects;

• Continue leveraging the state’s AAA bond rating to help schools borrow at a lower cost;

• Reform the Department of Education, adopting a model that promotes much closer collaboration with locally elected school boards; and

• Improve transparency in school district budgeting, as proposed in my Sunshine Initiative.

Create a culture of performance. From teachers and administrators to school board members, South Dakota is fortunate to have many talented people dedicated to student success. I want to elevate high-performers while expanding continued learning opportunities for those running our classrooms and school districts. As governor, I will pursue public-private partnerships to financially reward rockstar teachers. For instance, I’d like to collaborate with local businesses to sponsor a robust “Teacher of the Month” program. Additionally, my administration will explore opportunities to improve overall performance through evidence-based school board training and teacher mentorship programs.

Reject Common Core and federal overreach. In the U.S. House, I helped get legislation signed into law limiting the federal government’s role in our education system. As governor, I will take advantage of those flexibilities, continuing to reject Common Core and seeking appropriate waivers and grants to customize South Dakota’s education system.

Promote civic education. Our republic only works if citizens are active and informed. The next generation of South Dakotans must understand the foundations of our nation, the tremendous sacrifices made to protect our constitutional rights, and the freedoms, liberties, and responsibilities we have as citizens. In collaboration with school districts, I will work to expand civics and U.S. history programs and encourage schools to include the citizenship test as part of their graduation criteria.

Encourage kids to explore in-demand jobs early. South Dakota already faces severe labor shortages, and even greater demands for a skilled workforce are on the horizon. As governor, I would work to:

• Provide career counseling and information regarding in-demand jobs beginning at the middle-school level;

• Inspire students by expanding experience-driven learning opportunities before college;

• Coordinate resources to identify and help at-risk children plan for their futures; and

• Dramatically increase shared-learning opportunities among high schools, technical schools, universities, and employers to better manage the transition from home to post-secondary education to the South Dakota workforce.

EQUIP POST-SECONDARY STUDENTS WITH JOB-READY SKILLS.

My path to a college degree wasn’t typical. After my dad died, I left school and came home to manage our family’s farming operation full-time. Years later, I began taking classes again – this time, online – finally completing my degree while serving in Congress. Given this experience, I understand a four-year degree isn’t right for every high school graduate, and the truth is, it isn’t always right for our labor market either. Still, college graduates, on average, earn 56 percent more than high school graduates. As such, my administration will work to drive down the cost of a university or technical school degree, while focusing on producing job-holders, not simply degree-holders.

Increase affordability. South Dakota ranks near the top when it comes to student debt. That needs to change. As governor, I will:

• Simplify the scholarship application process. South Dakota has a robust scholarship network, but it can be confusing for students and families to navigate. Working with financial aid offices, my administration will help create a single, online repository for all scholarships. Additionally, I will take on the task of bringing state-allocated scholarships under a single umbrella, simplifying the process and building in cost-saving efficiencies.

• Challenge schools to prioritize affordability. Tuition costs have steadily increased in recent years. Working with the state legislature, my administration will challenge universities and technical schools to identify efficiencies and reinvest savings toward affordability.

• Increase on-time graduation. Just under 25 percent of South Dakota’s college students will graduate in four years; about 50 percent will do so in under six years. At the same time, about one in three are spending credit hours and hard-earned dollars on remedial courses. If we better prepare students in high school, we can reduce the likelihood of a fifth year in college, potentially shrinking their cost for higher education by 20 percent.

Arm students with job-ready skills and training. South Dakota has a legendary work ethic – one that my Kickstarting the Economy initiative seeks to harness. For decades, however, the priorities of employers and educators have failed to fully align. This leaves some young people with limited job prospects in their chosen career fields while many industries face difficulties recruiting skilled labor. To better fill good-paying jobs with South Dakota workers, I am committed to:

• Strengthening the relationship between area employers, state agencies, universities, and technical schools;

• Focusing state resources on high-need areas of the labor market;

• Expanding apprenticeship programs; and

• Working to ensure South Dakota technical schools and universities continue to lead the nation as one post-secondary system that is able to satisfy academic curiosities and meet tomorrow’s workforce needs.

 

A-G-E Corporation President Gary Johnson Endorses Jackley

FORT PIERRE, SD: Attorney General Marty Jackley is the best candidate to build a bright future for South Dakota businesses, according to construction company president Gary Johnson.

“We’re supporting Marty Jackley in this election because he has a positive conservative vision for economic development in South Dakota,” Johnson said. “Washington talks about solving the problems that businesses like ours face, but they’re usually the problem, and Marty has fought Washington every day as attorney general. We know he’ll do the same as governor.”

A-G-E Corporation in Fort Pierre is a fourth generation family owned construction company that specializes in highway projects. Johnson’s grandfather was one of the company founders in 1964, and the business has been growing ever since.

“Gary and I believe that for businesses to thrive, government needs to get out of the way,” Jackley said. “His company has employed generations of South Dakotans, and we’re honored to welcome the Johnson family to Team Jackley.”

Watch Johnson’s endorsement :

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In case you’re wondering what State Senator Jenna Netherton is going to be doing, she’s going to work for a great organization, the Americans for Prosperity Foundation:

Sen. Netherton Resigns; Governor Invites Public Input

PIERRE, S.D. – State Sen. Jenna Netherton has resigned her seat in the South Dakota State Senate. Netherton, a Sioux Falls Republican, has served in the Senate since 2015, and previously served in the House of Representatives from 2011-14.

“Jenna Netherton had been a hard-working and committed state legislator,” said Gov. Daugaard. “I wish her all the best in the future.”

Netherton’s resignation, which is for work and family reasons, is effective immediately and creates a vacancy that will be filled by gubernatorial appointment. Netherton has already served in both legislative sessions to be held during her 2017-18 term. This means that her replacement will not serve during a regular legislative session, but could participate in interim committees or in a special legislative session, if one is held. Netherton was not a candidate for reelection in 2018, and other candidates have filed for her seat.

The Governor is asking the public to nominate candidates to fill the vacancy. Those wishing to be considered for the appointment, or to offer nominations, should contact Rachel Graves in the Office of the Governor at 605-773-3661. Nominations should include the candidate’s name, current address, telephone number and relevant background information.

Netherton represents District 10, which includes an area of Minnehaha County encompassing the cities of Brandon, Corson and Renner. The district also includes an area in northeastern Sioux Falls encompassing Washington High School, Laura B. Anderson Elementary School, the South Dakota School for the Deaf and Willow Run Golf Course. A map of the district is available on the LRC website at http://sdlegislature.gov/inc/img/Legislative_Districts/10.pdf.

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Apparently Libertarian candidate for Governor Steve Novotny, who refers to himself as ‘air wolf,’ doesn’t like it when people write about him.

Unfortunately, I suspect we’re going to make him mad again.  Because a review of the UJS records associated with his name reveal a troubling trend with several protection orders being taken out against Novotny for stalking:

Temporary Orders of Protection against Novotny protecting against stalking were issued against Novotny in 2004, 2006, and 2015, with the latest order issued by Judge Mark Barnett. An order which expired on 4/23/2015, less than three years ago.

But while that order expired, it was taken up by a higher authority.

This latest protection order against Novotny for Stalking went so far as to involve the United States Attorney’s Office, as noted by Dakota Free Press when Cory Heidelberger pointed out when he wrote about Novotny’s announcement:

Novotny also earned one brief mention in former U.S. Attorney Randy Seiler’s 2015 annual report for the District of South Dakota under “Program Litigation”:

Becky Zirpel vs. Steve Novotny (FSA intervening on behalf of Farm Service Agency)

The USAO assisted with a protection order sought by FSA employee Zirpel against Steve Novotny. It was resolved by a permanent injunction which enjoined and restrained Novotny from coming upon the premises of the FSA property in Winner and Burke, South Dakota [Randolph J. Seiler, U.S. Attorney, District of South Dakota, Annual Report 2015, p. 55].

Read that here.

So while the 2015 protection order issued by Judge Barnett was resolved quickly, it was replaced with a Federal order restraining Novotny from the premises of the Farm Service Agency properties in Winner and Burke.  Seriously, how bad does it have to get to involve the United States Attorney’s office to divert time from prosecuting drug dealers and killers to tell some moron to quit harassing people?

As offensive as he can be at times, a review of UJS records reveals no criminal offenses or protection orders against his opponent for the Libertarian nomination for Governor, Carl Abernathey Jr.

Which coming into this weekend’s Libertarian Party Convention, this leaves party delegates with choosing the lesser of two evils.  Do they choose Abernathey who has railed on about women in the workplace, and plans on burning flags in the parking lot of DCI? Or do they pick the candidate with a history of protection orders, and tries to raise alarm over land being taken from farmers and given to minorities?

I don’t know that there has ever been a statewide candidate for Governor with one, much less three protection orders taken out against them for stalking.  This doesn’t leave Libertarians any attractive option for Governor.

Unless somehow this weekend a new candidate emerges, and they could come up with door number three.

Update: Steve Novotny is apparently responding via facebook and trying to get people forget about the bad things he’s done, such as causing people and the government to take out protection orders against him, by pointing out things he’s done that aren’t bad.

After some long wrenching meditation I have decided to lift the veil of secrecy. Many people have viciously attacked me in the last twelve hrs. Attempting discredit of my name. With those thoughts fresh at mind, I’ve have decided to open up about numerous things of well intent I have done in this town and other ares of the state. The statue pictured is one I anonymously paid for in donation to local church in winner. I am also paying off the altar in same church. When all tolled and done I ‘ll have invested over 23k for enjoyment of others in their place of worship. Reason I’ve done it. Simply as it was right thing to do. Reason I’m opening up now, show the world small glimpse of my true character.

He now feels the need to claim credit for anonymous acts? I’m sure it does show a small glimpse of his character. I’m sure it does.

A couple of interesting points in relation to the Tapio campaign today. As you’ll recall, Neal stated today that he’s put $115,000 of his own money in the campaign so far:

This caused me to remember that I hadn’t posted his financial disclosure to the Clerk of the US House yet, so I went to pull it, but found this curious memo:

So that means that as of March 8, 2018, Neal noted to the Clerk of the US House that he hadn’t raised or spent $5000 in his campaign. But 30 days later, he’s declaring that he’s spent loaned his campaign $115,000. That’s seems like a strong burn rate for 30 days, especially coming off of a period where less than 5k was spent.  (Senator Tapio wished it clarified that while he has loaned that much to his campaign, he may not have spent that yet.)

In about another week, Tapio’s first campaign finance report for the first quarter of the year (1/1 – 3/31) should be due which will further flesh out his campaign finances, and provide some insight as to what he’s spent why he’s loaned his campaign $115,000 on over the course of the past month.

Now, US House Committee on Ethics notes in their manual that:

Individuals are required to file an FD Statement once they “qualify” as a candidate by raising or spending more than $5,000 in a campaign for election to the House of Representatives. If you receive a notice to file a Statement before you have raised or spent more than $5,000 on the campaign, you should notify the Clerk of the House in writing or through the electronic filing system that the campaign has not yet crossed the $5,000 threshold.

and…

Funds loaned to a campaign from any source, including from the candidate, as well as funds expended for state filing fees, count toward the $5,000 threshold.”

Yet, Neal has no disclosure form into the Clerk of the US House at this time, despite his claim of $115k of loans in expenditures.

Hmmm..

Update:  Senator Tapio contacted me this morning and pointed out this passage that indicates that his report is not due until May 5th since he did not enter the race until 2018:

First, a qualifying candidate must file no later than 30 days before any election (including primaries) in which the individual is participating. Thus, if you become a candidate on January 5 in an election year and the primary is on April 22, the report is due by March 23 (no later than 30 days before the election).

Same page 3 as cited above.  So, we have to wait another 3 1/2 weeks for the financial disclosure form, but we should see first quarter campaign finance filings by next week.

Another Update: Senator Tapio wished for me to explicitly clarify that the $115,000 is a loan put into his campaign, and does not reflect his expenditures:

I loaned my campaign over $5,000. The ethics rules indicate that exceeding the $5,000 threshold makes me a candidate, which then requires me to file a financial disclosure. Your correction correctly denotes that I have not violated the financial disclosure rules, as they clearly indicate May 5 as the actual deadline.

However, your continued use of “expenses” terminology is legally troublesome. Loans to campaigns are not an expense. By stating I have $115,000 in expenses or that I have a high burn rate is slander. The $5,000 threshold doesn’t have anything to do with expenses. Therefore, nothing factual leads you to that headline.

If you keep that headline and stand by the claim of loans are expenses, you are proving your ignorance in front of people with whom you work. Failure to correct that important factual issue, can have deleterious affects on your credibility, and can undermine the credibility of those with whom you associate.

A loan to an organization is never classified as an expense. Revenues, such as donations which will not be paid back, and expenses, legitimate expenditures of a campaign, appear on a profit and loss statement. Loans are simply classified as a liability on a balance sheet, and in no way indicate the money was either used or not used for expenditures.

And there you go.

The campaign finance report can come out anytime now. Anytime…..

Libertarians have a “great” couple of candidates to pick from at the upcoming Libertarian convention this next month.

First, we had CJ Abernathey who says “it’s an extreme risk for an owner to hire a woman working around men in today’s society, and I think that women are to blame for that.”

And now we have his opponent possibly being a worse human being than he is.

Steve Novotny, Libertarian Candidate for Governor was on Facebook just a few weeks ago posting an article and using it as warning that it’s “just a matter of time” before someone legalizes blacks stealing farmers land “here in America.”

And in case we didn’t get the point the first time..

And a bonus obsession over white farmers land being seized by people of a different skin color:

This would be the same Libertarian Candidate for Governor who “claims tribes in South Dakota receive “cradle to grave” welfare.”

Libertarians, you certainly have a great line up for your Gubernatorial candidates in 2018. I’m sure it will only set you all back 20 or 30 years in your recruitment efforts in South Dakota.

Unless you’re going for that pointy hat/dressed in sheets crowd.