Jump to full article: Aberdeen (SD) American News, 2009-11-13
Author: Bob Mercer, American News Correspondent
Intro: South Dakota's new smoking ban will remain on hold until voters decide its fate next November.
That's where the issue stands for now after Circuit Judge Kathleen Trandahl ruled Friday afternoon there are sufficient valid signatures on petitions to refer the ban to a statewide vote next year.
After a two-day trial, Trandahl restored a net total of 2,261 signatures which Secretary of State Chris Nelson previously ruled were invalid. Before that, the petitions had stood 17 signatures short of the 16,776 minimum needed to make the ballot.
Her decision remains subject to a possible appeal to the South Dakota Supreme Court by Nelson or the American Cancer Society, which lobbied for the law and intervened in the lawsuit.
Nelson and a cancer society official each said no decision has been made yet regarding an appeal.
The judge said Nelson properly did his job in reviewing the signatures. She said state law gives the secretary of state “no discretion” regarding validity of signatures.
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