Statewide vote no longer certain on smoking ban  

Opponents of South Dakota's new state law banning smoking in bars, casinos and restaurants that serve alcohol might not get the chance to put the issue to a statewide vote after all.

That's because the leader of South Dakota's anti-tobacco movement filed a last-hour challenge to their referendum petitions Thursday.

The referendum petitions had prevented the ban from taking effect July 1 at the same time as most other new South Dakota laws passed by the Legislature last session.

If the petitions survive the challenge, a statewide vote would be held as part of the November 2010 general election. But if Jennifer Stalley of the American Cancer Society is right, there won't be a vote at all, and the ban would kick in when the legal dust settles.

Stalley delivered a thick binder to the office of Secretary of State Chris Nelson, whose staff oversees election compliance, challenging the petitions at about 4 p.m. Thursday. The challenge deadline was 5 p.m.

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