ABERDEEN, SD The ballot question that received 56% of voter support during the election in November was ruled unconstitutional. U.S. District Judge Charles Kornmann made the ruling Thursday saying, "The measure violates First Amendment political speech rights, and also violates the Commerce Clause by interfering with interstate transfer of money to ballot question campaigns in South Dakota."
Attorney Marty Jackley represented the plaintiffs, and felt the decision now draws attention to finance campaign laws. They will not be obstructed, but there is an opportunity to limit their capabilities.
Former House Speaker Mark Mickelson supported the initiative to ban out-of-state ballot campaigning because other states could see South Dakota as a "testing ground."
"When people are looking at locations to test their ideas, South Dakota is an attractive place for them," the former House Speaker said.
South Dakota is unique because of its ability to initiate ballot measures, low population, and relatively inexpensive media base.