State opts against appeal of ruling on signatures
Jump to full article: Sioux Falls (SD) Argus-Leader, 2009-11-21
Author: Peter Harriman
Intro: The way has been cleared for voters to decide the fate of South Dakota's smoking ban in next year's general election after Secretary of State Chris Nelson and Attorney General Marty Jackley announced Friday the state will not appeal a Circuit Court decision.
Judge Kathleen Trandahl ruled this month that opponents of the smoking ban secured enough valid signatures in a petition drive to meet the threshold for a referendum. The ban was passed by the Legislature in March and signed into law but never enforced. . . .
"I think the reality of the likelihood of success in an appeal made this a fairly easy decision," he said. "Am I greatly troubled by some areas the judge said were OK and found substantial compliance? Absolutely."
Nelson said he might recommend to the state Board of Elections when it meets in December that the Legislature be approached to tighten up statutes to avoid a repeat of the controversy over the smoking ban petitions.
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