AG questions measures' constitutionality

On May 24, South Dakota Attorney General Larry Long told citizens that three of the ballot measures proposed in his state might be unconstitutional and would likely be challenged in court if they were approved. If state laws are challenged in court, it's the attorney general's responsibility to defend them, so South Dakota law requires the attorney general to give the voters his advice before a ballot measure comes to the polls.

The Aberdeen American News wrote this about Initiated Measure 10, which was sponsored by a group called South Dakotans for Open and Clean Government:

Initiated Measure 10: The full text of Initiated Measure 10 is about 2,000 words and attempts to prohibit a broad range of political activities. The petition drive to place Measure 10 on the ballot was funded almost entirely by the newly formed South Dakota Conservative Action Council, whose directors have refused to disclose their sources of revenue, and the Washington, D.C.-based Americans for Tax Reform.

Those two organizations provided nearly all of the money to the South Dakotans for Open and Clean Government ballot committee that is sponsoring the initiative. The initiative's official sponsors were Tonchi Weaver of Rapid City, Jessica Walberg of Sioux Falls and James Anderson of Sioux Falls.

The attorney general's explanation attempts to summarize Measure 10 in 125 words:

"Measure 10 would prohibit state and local governments, their officers, employees, independent contractors, consultants and candidates, from using government revenues or resources for campaigning or lobbying. Some communications and appearances before legislators and public bodies are exempted.

"It would prohibit persons who employ legislators or recent legislators from obtaining government contracts. It would prohibit, until two years after contract termination: some public officers, candidates and their agents from soliciting, accepting or directing contributions from some holders of competitively bid government contracts and their family members; and no-bid government contract holders, their officers, employees, agents, vendors and family members from making contributions to, or independent expenditures for, all candidate campaigns.

"The Secretary of State would be required to summarize government contracts over $500 on its website."

Long added that if Measure 10 is adopted, all or part "will likely be challenged in court and may be declared to be in violation of the United States Constitution. If so, the State may be required to pay attorney fees and costs."

Long noted that state laws already prohibit the acceptance of campaign contributions from all government and tribal entities; prohibit spending of public funds to support or oppose ballot measures; and prohibit certain state and county contracts which financially benefit legislators.

"Ballot issues raise concerns," Aberdeen American News (SD) - May 24, 2008