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 POLITICS OF EXCLUSION: When Abuse of Power Pushes Communities Out of the American Story

An opinion essay traces America's cycle of welcoming immigrants and communities of color for labor, then excluding them once they gain power.

Westend61/Getty Images

THE POLITICS OF EXCLUSION: When Abuse of Power Pushes Communities Out of the American Story

The politics of exclusion is the deliberate use of power to push certain communities out of the American story through fear, cruelty, erasure, and unequal treatment. It is what happens when leaders abandon constitutional ideals and replace them with grievance, retaliation, and division.

The late John McCain warned that we weaken our greatness when we confuse patriotism with tribalism. Liz Cheney cautioned that no one should support a leader who uses fear and division to hold onto power. Adam Kinzinger called it authoritarianism. Mitt Romney said plainly, “He has caused fear and division.” Alexandria Ocasio-Cortez observed that “the cruelty is the point,” and the late John Lewis reminded us that “democracy is not a state; it is an act.” Together, these voices describe the elephant in the room. America is confronting a pattern bigger than corruption and bigger than authoritarian drift. It is the social, racial, and moral dimension of democratic erosion — lying, cheating, cruelty, intimidation, erasure, and exclusion masquerading as patriotism.

Keep ReadingShow less
Senators Criticize Trump Administration’s Demands to Access Health Data as a Condition for Lifesaving Aid
Roberto “Bear” Guerra/ProPublica. Source image: Getty Images

Senators Criticize Trump Administration’s Demands to Access Health Data as a Condition for Lifesaving Aid

What Happened: Citing reporting by ProPublica, eight Democratic U.S. senators have criticized the Trump administration’s demands to access the health data of millions of people as a condition of giving lifesaving aid to other countries. In a letter to Secretary of State Marco Rubio, the senators, including minority leader Chuck Schumer, said the U.S. demands were “unprecedented and at odds with U.S. policy concerning the data of American citizens.”

The inquiry into the administration’s approach to foreign health data referred to a ProPublica story published in June about agreements the U.S. struck with African countries — and the risks they posed to people there. Experts told ProPublica that the deals are vague and lack language used in most data-sharing agreements to adequately limit what information is collected and how it can be used. As a result, they said, there is an increased risk that individuals’ personal data could be exposed, misused or commercialized without their consent.

Keep ReadingShow less
Illustration of US Capitol

Illustration of US Capitol

Illustration provided

Are States and Localities Required to Cooperate with ICE?

Polls show a majority of Americans disapprove of how Immigration and Customs Enforcement (ICE) is doing its job, with outrage stoked by a surge in immigration arrests across the country and multiple killings by federal immigration officials. In many places, residents are against their state and local officials cooperating with immigration authorities. And many local law enforcement leaders argue that cooperating with federal immigration enforcement operations undermines public safety by taking resources away from local priorities and eroding communities’ trust in law enforcement.

Trump administration officials have repeatedly argued that states and localities are legally obligated to cooperate with federal immigration enforcement efforts. They have also warned that state and local laws limiting cooperation with ICE will be met with harsh crackdowns.

Keep ReadingShow less
A hand casting a vote in a ballot box for an election

A hand casting a vote in a ballot box for an election in the Kentucky, USA

Getty Images

Kentucky’s Independent Voters Are Growing. Why Are They Still Shut Out?

Kentucky’s political establishment has just been handed a number it should not be able to ignore.

In July, more Kentucky voters registered as independent or “other” than registered as Republicans and Democrats combined. More than 8,500 Kentuckians registered to vote, and the “other” category grew by 2,530 voters, compared with 2,483 new Republicans and a decline of 32 Democrats.

Keep ReadingShow less