Skip to content
Search

Latest Stories

Follow Us:
Top Stories

South Dakota's ballot petition circulator rules held unconstitutional

South Dakota Gov. Kristi Noem

A federal judge ruled a law signed last year by Gov. Kristi Noem violates the free speech rights of those who gather signatures in favor of ballot measures.

Drew Angerer/Getty Images

South Dakota's new regulation of people who circulate petitions for ballot initiatives is unconstitutional, a federal judge has ruled.

The decision, if it withstands a potential appeal, would be a boon for advocates of direct democracy, which relies on small armies of people gathering signatures to put proposed changes to state laws before the entire electorate. Twenty-six states allow such citizen-led ballot measures.

A law signed by Republican Gov. Kristi Noem last year requires petition circulators to register with the secretary of state and provide personal information including home addresses, phone numbers and email addresses. But those "extensive and burdensome" disclosure requirements discriminate against those advocating for ballot measures in violation of the First Amendment because the same rules didn't apply to people actively opposing the measures, U.S. District Judge Charles Kornmann ruled last week.


The judge also took exception to language in the law that would seemingly apply the registration rules to anyone who tells an acquaintance to support a petition.

"It matters not that an individual does not collect a signature from the listener, nor that the speaker does not work with someone who collects signatures," Kornmann said in his 15-page ruling. "The fact that a person has entreated a member of the public to sign a petition to place a measure on the statewide election ballot is enough to make them a petition circulator under the Act."

SD Voice, a grassroots ballot question committee, filed the complaint challenging the new requirements.

The law is supposed to take effect in July, but that's too late to affect citizen-driven democracy in the state this year. Already on the ballot this November are initiatives to legalize recreational marijuana and establish a medical marijuana program, making South Dakota the first state to vote on both ideas at the same time.

In the dozen elections since 1996, according to Ballotpedia, 74 measures have appeared on the ballot in the state and just 39 percent have been approved. Two years ago, for example, the state rejected a package of campaign finance curbs for candidates but agreed to limit out-of-state donations in future ballot measure campaigns.

Last week's ruling was the second legal setback in less than a year for those seeking new restrictions over the ballot measure process in South Dakota. In May, the same judge ruled that a voter-approved law banning out-of-state contributors from funding in-state signature drives was unconstitutional.


Read More

The Word ‘Black’ Has Disappeared From a Set of Bills Aimed at Addressing Black Maternal Health

The Momnibus Act was previously known as the Black Maternal Health Momnibus Act, but the word 'Black' has been removed from the title and appears only once across the latest package.

Emily Scherer for The 19th

The Word ‘Black’ Has Disappeared From a Set of Bills Aimed at Addressing Black Maternal Health

The word “Black” has been almost completely removed from a package of bills that have long been viewed as Congress’ main legislative vehicle to address the Black maternal health crisis, frustrating some advocates who feel Black women are being erased from the policy.

The key change this year is the title. The Momnibus Act — filed in mid-March — was called the Black Maternal Health Momnibus Act in 2023; before that it was the Black Maternal Health Momnibus Act of 2021 and the Black Maternal Health Momnibus Act of 2020. None of the previous packages, which were championed by Democrats, have been enacted.

Keep ReadingShow less
Trump Never Intended To Be Just

U.S. President Donald Trump on May 22, 2026 in Suffern, New York.

(Photo by Roberto Schmidt/Getty Images)

Trump Never Intended To Be Just

Let us set aside, for a moment, the fact that in suing the IRS, Donald Trump initiated a lawsuit that was meritless, frivolous, and a blatant conflict of interest…in his own words, “I am supposed to work out a settlement with myself.” Let us further acknowledge, but look past the fact, that the settlement is filled with “illegal cookies” like his effort to exempt himself and his family members or family-controlled companies, from past or future IRS audits or any future obligations to ever pay federal taxes.

Please appreciate, but set aside for a moment, that this is the most corrupt administration in modern US history. Further, I would like to ignore the fact that this appears to be an effort to finance a private militia that has violently sought to undermine the US Government and the electoral capacity of the vote of the people of the United States of America.

Keep ReadingShow less
The Fragile Promise of the Ballot
black and white love print crew neck shirt
Photo by Cyrus Crossan on Unsplash

The Fragile Promise of the Ballot

Recent Supreme Court decisions such as Shelby County v. Holder and Brnovich v. Democratic National Committee were not just redefinitions of election law; they marked a critical shift away from the federal government’s duty to ensure equal ballot access—a duty fundamental to democracy.

The consequences were swift and broad. Within hours, Shelby County, Texas, imposed strict voter ID rules that federal officials had previously blocked under the Voting Rights Act’s pre-clearance provisions. Soon after, North Carolina reduced early voting and eliminated same-day registration. Across parts of Alabama, Georgia, and other Southern states, polling places closed or moved, often in communities with large Black populations. What once required federal review could now proceed quickly.

Keep ReadingShow less