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Attorney General Marty Jackley

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Sixth Circuit Court Issues Order for Preliminary Injunction Enjoining and Declining to Sever Portions of Initiated Measure 22

FOR IMMEDIATE RELEASE:    Wednesday, December 21, 2016   
CONTACT:  Sara Rabern (605) 773-3215   

PIERRE, S.D. – Attorney General Marty Jackley confirms that Sixth Circuit Court Judge Mark Barnett has issued an Order Enjoining and Declining Severability in the Initiated Measure 22 lawsuit.
The Court orders that there is no severability and Initiated Measure 22 is preliminarily enjoined in its entirety.
“The Court has presented a detailed Order stopping Initiated Measure 22 from taking effect based on various provisions of the South Dakota Constitution. The Court further determined it would not be appropriate to leave only part of the Initiated Measure in effect since it was a comprehensive package. As Attorney General, I will continue to work with the attorneys for the Plaintiffs and sponsors to determine appropriate future action in the litigation. Based upon the voice of the voters, I strongly believe that our Legislature should work to resolve the Constitutional concerns and create a Board to address ethics, conflicts of interest and election matters,” said Jackley.
The Court determined that: “In holding that the Act was adopted by the voters as one comprehensive package, the court does not mean to suggest that it disagrees with the goals and intent of the Act…. The court is not allowed to look at motives or wisdom of the act; only it constitutionality. While I.M. 22 is all about good intent, it lacks careful constitutional draftsmanship”.
Initiated Measure 22 was approved by the majority of South Dakota voters last month as an act to revise State campaign finance and lobbying laws, create a publicly funded campaign finance program, create an ethics commission, and appropriate funds.