South Dakota Smoking Ban Referendum (2010)
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A South Dakota Smoking Ban Referendum may qualify for the November 2010 ballot in South Dakota.[1] The referendum calls for placing an approved expanded smoking ban that was set to begin July 1, 2009 on the November 2010 ballot.[2]
Voters will decide whether the extended smoking ban should apply statewide. The extended smoking ban would ban smoking in bars, Deadwood casinos and video lottery establishments. This is an extension of the 2002 ban on smoking in workplaces and most public areas.[3]
On July 27, a circuit court judge placed a hold on the state smoking ban until the legal battle regarding placing the referendum on the ballot is resolved. [4]
Ballot measure summary
The petition reads as follow:[5]
An Act to prohibit smoking tobacco or carrying lighted tobacco products in certain places and to require certain persons to inform violators of the prohibition. HB 1240 was passed by the Senate March 4, 2009 and was passed by the House of Representatives on March 9, 2009. The Governor signed HB 1240 on March 19, 2009.
Support
Supporters for the referendum include a coalition representing bars and gambling establishments. Specifically, Deadwood gaming, the Music and Vending Association, the Licensed Beverage Dealers of South Dakota and video lottery establishments support the referendum. The group said that although they do support the ballot measure, they are by no means trying to rid the state of the 2002 law that banned smoking in workplaces and public areas.[2]
"It's buying another year until the inevitable happens," said John Boyd, Deadwood Tobacco Company owner. "First and most importantly, I'm opposed to any legislation that limits personal freedoms." Boyd added, that he would not be surprised if the referendum is defeated.
Referendum supporters argue that the smoking ban will not only impact the tax revenues but also gambling revenue. Pat Roberts, chairman of the Deadwood Chamber of Commerce, agrees that revenues will suffer if smoking is prohibited. "It's critical. Smoking, drinking and gaming go hand-in-hand," said Roberts.[6]
Opposition
Although, the secretary of state stated that after an initial review, it appear that there are enough signatures to move the measure to the November ballot, Jennifer Stalley of the American Cancer Society, which supports the strengthened smoking ban, estimated there was a 29 percent invalid rate among the signatures on the petitions. Supporters of the smoking ban extension have until 5 p.m. on July 2, 2009 to file an affidavit challenging the petitions. Alternatively, those that oppose the referendum and suspect a miscalculation of valid signatures could take the matter to court.
Allen Nord, chairman of the South Dakota Tobacco Free Kids Network, added that they too wish to further review the submitted signatures. "Because the smoke free law passed both houses of the South Dakota Legislature with strong bipartisan support and polls show the vast majority of South Dakota voters want to go smoke free, a possible 16 month delay requires careful consideration," said Nord.[3]
The American Cancer Society is against the measure because of their argument that the ban should be put into effect and that a public vote should not be necessary. Their argument is that a ban should be mandatory because there is an immediate need for a preservation of public health. The organization, in a ruling handed down by Circuit Judge Kathleen Trandahl, can involve themselves in the lawsuit that will determine whether the measure will appear on the November 2010 ballot.[7]
Path to the ballot
Signatures
According to the South Dakota Secretary of State, in order to place the measure on the November ballot a minimum of 16,776 valid signatures are required.[8]
- As of June 22, 2009 supporters of the referendum submitted approximately 25,000 signatures. And, according to the secretary of state a random 5 percent sample of the submitted signatures revealed that at least 18,320 signatures were valid; placing the referendum to the November ballot.[3]
- On July 2, 2009 opponents of the referendum, South Dakota Tobacco-Free Kids Network, filed a challenge to the petition signatures. said that during a five-day audit of the submitted signatures they discovered that 39% of the signatures were not by valid registered voters.[9] The challenge marks not only the possible block of a controversial issue from the 2010 state ballot but also the first time a group is challenging a petition to put an issue on a statewide ballot.[10]
- On Monday, July 6, 2009, the Secretary of State's office began to review the approximately 10,000 challenged signatures.[10]
- On July 23, Chris Nelson said that a signature-by-signature check of the submitted signatures by his office showed that 8,845 of those submitted are invalid. As a result, the effort to qualify the measure for the ballot has fallen 221 signatures short.[11]
- On November 2, 2009, Chris Nelson ruled that following additional review of the signatures, supporters fell short 61 signatures.[12]
- Supporters of the referendum say they will challenge Nelson's determination in court.[11]
- Number of signatures required: 16,776
- Number of signatures filed: 25,400
- Number of signatures said by Secretary of State to be invalid: 8,845 (as of July 23)
- Number of signatures said to be invalid: approximately 8,685 (as of November 2)
Legal challenge
- On July 27, a South Dakota Circuit Judge placed a hold on South Dakota's expanded smoking ban until a lawsuit regarding placing the referendum on the 2010 ballot is settled.[13]
- On November 12-13, Circuit Judge Kathleen Trandahl will hear the case regarding the legality of the referendum. The American Cancer Society claims that South Dakota’s expanded smoking-ban law can’t be referred to a public vote because it would violate the state constitution because "it is necessary for the immediate preservation of public health. If the measure is approved for the ballot, the controversy regarding the number of valid submitted signatures will be discussed in court.[14]
See also
Articles
- South Dakota smoking referendum eligible for ballot, signatures to be reviewed
- South Dakota judge to rule on legality of smoking ban referendum
- South Dakota smoking ban heads to court next week
- South Dakota Circuit Judge delays smoking ban
- Smoking ban referendum short by 221 signatures
- South Dakota smoking referendum challenged
- South Dakota petition delays indoor-smoking ban
References
- ↑ The Daily Republic,"Organizer: Smoking petition a success," June 13,2009
- ↑ 2.0 2.1 Argus Leader,"Petitions get OK in smoking fight," June 26,2009
- ↑ 3.0 3.1 3.2 The San Francisco Examiner,"Officials say SD smoking ban will go to public vote; ban supporters checking more signatures," June 25,2009
- ↑ The Daily Republic,"S.D. smoking ban on hold, judge says," July 28, 2009
- ↑ South Dakota Secretary of State,"Smoking Ban Referendum Petition," retrieved November 18, 2009
- ↑ Rapid City Journal,"Smoking ban petition gives voters a say," June 24,2009
- ↑ The Jamestown Sun, "American Cancer Society joins smoking ban lawsuit", October 6, 2009
- ↑ Yankton Press & Dakotan,"Our Opinion: The Smoking Ban Battle – Shaping The Debate," June 23,2009
- ↑ Rapid City Journal,"Supporters of S.D. smoking ban seek to stop public vote," July 2, 2009
- ↑ 10.0 10.1 Keloland TV,"Signature Challenge First Of Its Kind In SD," July 2, 2009
- ↑ 11.0 11.1 Argus Leader, "Smoking ban clears big hurdle", July 24, 2009
- ↑ The Daily Republic,"Second-hand testimony turned down," November 3, 2009
- ↑ Associated Press,"Group seeks court order to hold public vote on smoking ban in South Dakota," June 27, 2009
- ↑ Associated Press,"SD judge refuses secondhand smoke testimony," November 4, 2009
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