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South Dakota Redistricting: Legislature or Independent Commission?

Election Law Society · November 5, 2016 ·

By: Bethany Bostron

Along with the extensive campaign finance reform posed by Initiated Measure 22, South Dakotans will be deciding whether to amend the state constitution to have state legislative redistricting conducted by an independent commission. The constitution currently provides that the legislature itself conducts state legislative redistricting. The commission established under Constitutional Amendment T would be comprised of nine registered voters selected by the State Board of Elections in each redistricting year (currently every 10 years). These nine commission members would be selected from a pool of 30 applicants comprised as follows: 10 from the Democratic Party, 10 from the Republican Party, and 10 individuals not registered with either party. Each applicant must be registered or not registered with a party for the three years prior to appointment. Of the nine selected members, no more than three may belong to the same party. Commission members are barred from holding office in a political party or certain local or state offices for the three years before and three years after their appointment. The amendment calls for the new commission to redistrict the state in 2017, 2021, and then every 10 years. The new commission must comply with applicable state and federal law when drawing districts and allow for public comment on the proposed map. Attorney General Marty Jackley’s explanation of the amendment does not state any foreseeable challenges to the change.

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Winds of Change in the Mount Rushmore State

Election Law Society · November 4, 2016 ·

By: Bethany Bostron

Voters in the unassuming prairie paradise of South Dakota will have the opportunity this fall to decide whether the state should create a new public finance system. The state usually flies under the national radar, so when it peeks its head above, you want to pay close attention. The question will be posed as Initiated Measure 22 – “An instituted measure to revise State campaign finance and lobbying laws, create a publicly funded campaign finance program, create an ethics commission, and appropriate funds.” According to State Attorney General Marty Jackley, the measure revises State campaign finance laws by limiting contribution amounts to political parties, political action committees, and candidates running for legislative, state-wide, or county office. The main portion of the plan creates a state-funded campaign finance program. Statewide and legislative candidates who agree to certain limits on campaign contributions and expenditures are able to participate in the funding program. Each registered voter is then assigned two $50 “credits” that he or she is free to assign to any participating candidate. Funding for the program comes from a “State general-fund appropriation of $9 per registered voter,” which is not allowed to exceed $12 million at any given time. An ethics commission is also created to administer the credit program and enforce state law. An additional measure prohibits high-level officials and government employees from lobbying for two years after leaving the government and limits lobbyists’ gifts to officials. The initiative is effectively an overhaul of the current system and Attorney General Jackley cautions voters that “the measure may be challenged in court on [state] constitutional grounds.”

[Read more…] about Winds of Change in the Mount Rushmore State

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