Attorney General Headshot

Attorney General Marty Jackley

Attorney General Seal

Amendment E Found Unconstitutional

Amendment E Found Unconstitutional

(Pierre) – Amendment E has been declared unconstitutional in federal district court by Judge Charles Kornmann.

Amendment E was passed in 1998 by an initiated measure. The amendment put prohibitions on corporate farming. 

“We will appeal this decision.  We want the voters to understand that Amendment E is still on the books and will be defended by this office. Thus, the vote on Amendment A still matters regardless of what side the voter is on,” said Barnett.

“The Attorney General’s Office has an obligation to vigorously defend state statutes and the state constitution.  We have done that. My office has worked very hard to defend the will of the people,” said Attorney General Mark Barnett.

Amendment E declared that in order for a family farm to be incorporated, at least one family member must do substantial routine labor on the farm. This was found unconstitutional because it is in violation of the Federal Americans with Disabilities Act.

The judge also declared Amendment E unconstitutional because it allegedly interfered with interstate commerce.

“I take my marching orders from the people. The people voted for Amendment E, so it is my job to defend that amendment. If, in June, the people vote for Amendment A, it is then my job to defend Amendment A,” said Barnett. “If Amendment A passes, E is done. If A fails, we will continue to defend E on appeal.”