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Smoking fight heads to court  

Jump to full article: Mitchell (SD) Daily Republic, 2009-11-11
Author: Bob Mercer, The Daily Republic

Intro:

PIERRE — The main event starts Thursday morning in South Dakota’s courtroom battle over whether the expanded smoking ban passed by the Legislature earlier this year will become an election battle next year.

PIERRE — The main event starts Thursday morning in South Dakota’s courtroom battle over whether the expanded smoking ban passed by the Legislature earlier this year will become an election battle next year.

In dispute is whether the ban can be referred to a statewide vote next Nov. 2 as part of the 2010 general election.

First up Thursday are arguments before Circuit Judge Kathleen Trandahl about whether the law can be referred, as well as a related argument on one piece of evidence and an argument regarding notary-public information on the petitions.

Depending upon how Judge Trandahl rules on those questions, next up might be a lineby-line battle over the validity of hundreds of signatures on the referendum petitions.

The latest affidavit from Secretary of State Chris Nelson shows the petitions are 61 signatures short of the 16,776 minimum necessary to qualify for the ballot.

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