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Attorney General Marty Jackley

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Federal Court of Appeals Rules in Favor of South Dakota on Ballot Challenge


PIERRE, S.D –  Attorney General Marty J. Jackley announces that the Federal Eighth Circuit Court of Appeals has affirmed the dismissal of the Constitution Party of South Dakota’s lawsuit against the South Dakota Secretary of State’s Office. The claims related to South Dakota’s 2010 gubernatorial ballot, challenging the constitutionality of two South Dakota statutory provisions: (1) the requirement for a petition containing 250 signatures of individuals registered to vote as members of a new party; and (2) the restriction allowing only in-state residents to circulate petitions.  The Federal Court of Appeals agreed with the State’s position that the Plaintiff’s lacked standing to challenge the constitutionality of the relevant statutes. 

FOR IMMEDIATE RELEASE: Wednesday, May 04, 2011
CONTACT: Sara Rabern, (605) 773-3215