South Dakota Circuit Judge delays smoking ban
South Dakota: Earlier this week, Circuit Judge Mark Barnett placed a hold on South Dakota's expanded smoking ban until a lawsuit regarding the South Dakota Smoking Ban Referendum is settled. Shortly after Secretary of State Chris Nelson announced that petition supporters hadn't collected enough signatures to place the measure on the ballot, petition requested a court order to place the referendum on the ballot. The court order was requested by Mike Trucano of Deadwood, Don Rose and Pete Thompson of Sioux Falls, and Mark O’Neill of Henry.Opponents argue that as many as 2,000 signature's are invalid because of an incorrect expiration date. Supporters, however, argue that it was merely a "clerical error."
Last week, Nelson announced that petition supporters fell short about 221 signatures after the signatures were challenged by South Dakota Tobacco-Free Kids Network, opponents of the referendum. Prior to the challenge Nelson reported that enough signatures had been collected to place the measure on the 2010 ballot.