South Dakota Smoking Ban Referendum, Referred Law 12 (2010)

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A South Dakota Smoking Ban Referendum, Referred Law 12 qualified for the November 2, 2010 ballot in South Dakota as a veto referendum.[1] The referendum calls for placing an approved expanded smoking ban that was set to begin July 1, 2009 on the statewide 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] A "yes" vote would approve the statewide smoking ban expansion, while a "no" vote will reject the expansion.

Text of measure

Title

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.[4]

Summary

The referred law broadens the State’s ban on smoking to apply to all restaurants, bars, package liquor stores, Deadwood casinos and video lottery establishments. It requires owners, managers, and operators of places where smoking is prohibited to inform violators of the smoking ban. The ban does not apply to tobacco shops, hotel rooms designated as smoking rooms, and existing cigar bars.[4]
A vote “Yes” is for broadening the State’s ban on smoking.
A vote “No” is against the referred law.

Support

The South Dakota Tobacco Free Kids Network supports South Dakota's smoking ban, and opposes this petition effort to place the measure on the ballot.

Although the secretary of state stated after an initial review that there were 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 supports the statewide smoking ban expansion 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.[5]

Tactics and strategies

In July 2010, Erik Gailkowski, of the American Cancer Society's South Dakota chapter, said they anticipate between 2,000 and 3,000 volunteers to campaign in favor of the state's expansion of a smoking ban. However, supporters said they remain unsure how much will go towards funding the statewide campaign. "It depends on what our opposition does and how other campaigns are going," said Gailkowski.[6]

Opposition

Supporters of the petition effort and opponents of the statewide smoking ban expansion included 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 opponents 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.[7]

Tactics and strategies

In July 2010, Don Rose, of the Citizens for Individual Freedom, said liquor license holders plan to focus on talking to others about the smoking ban's effects on customers.[8]

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.[9][10]
  • 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.[11]

Polls

See also: Polls, 2010 ballot measures
  • A March 28-31 poll revealed that approximately 66% of polled registered voters planned to vote in favor of Referred Law 12, while 32% opposed the measure and 2% remained undecided. The poll was conducted by KELOLAND TV/Argus Leader and is reported to have a margin of error of plus or minus 3.5%.[14][15]
Date of Poll Pollster In favor Opposed Undecided
Mar. 28-31 KELOLAND TV/Argus Leader 66% 32% 2%

Path to the ballot

See also: South Dakota signature requirements

According to South Dakota law initiated constitutional amendment petitions must be submitted by November 2, 2009, after which the Legislative Office has 15 days to review the signatures and place the measure on the ballot. For 2010 initiated constitutional amendments a total of 16,776 valid signatures (5% of the 2006 vote for governor) are required to qualify the measure for the ballot.[16][17]

Signature summary

  • 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)
  • Invalid number of signatures: approximately 5,643 (as of December 30)
  • Final number of valid signatures (Circuit Court Judge Trandahl, December 30): 19,757

Signatures timeline

  • 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.[18] 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.[19]
  • On Monday, July 6, 2009, the Secretary of State's office began to review the approximately 10,000 challenged signatures.[19]
  • 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.[20]
    • Supporters of the referendum say they will challenge Nelson's determination in court.[20]
  • On November 2, 2009, Chris Nelson ruled that following additional review of the signatures, supporters fell short 61 signatures.[21]
  • December 30, 2009: Circuit Judge Trandahl ruled that even more signatures were valid. The signature count is now 19,757 valid signatures; 2,981 more signatures than the required minimum of 16,776.[24]

See also

 		Suggest a link

Related measures

"Not on ballot" icon South Dakota Smoking Ban Alternative Amendment (2010)

Articles

Additional reading

References

  1. ↑ The Daily Republic,"Organizer: Smoking petition a success," June 13,2009
  2. ↑ 2.0 2.1 Argus Leader,"Petitions get OK in smoking fight," June 26,2009
  3. ↑ 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
  4. ↑ 4.0 4.1 South Dakota Secretary of State,"Attorney General explanation - Referred Law 12," retrieved May 17, 2010
  5. ↑ The Jamestown Sun, "American Cancer Society joins smoking ban lawsuit", October 6, 2009
  6. ↑ Associated Press,"Both sides prep for fight to expand SD smoking ban," July 11, 2010
  7. ↑ Rapid City Journal,"Smoking ban petition gives voters a say," June 24,2009
  8. ↑ Associated Press,"Long-standing smoking issue goes to voters," July 11, 2010
  9. ↑ Associated Press,"Group seeks court order to hold public vote on smoking ban in South Dakota," June 27, 2009
  10. ↑ The Daily Republic,"S.D. smoking ban on hold, judge says," July 28, 2009
  11. ↑ Associated Press,"SD judge refuses secondhand smoke testimony," November 4, 2009
  12. ↑ Associated Press,"Public to vote on South Dakota's smoking ban law," November 21, 2009
  13. ↑ KPTH,"South Dakota Smoking Ban Goes to a Vote," retrieved November 24, 2009
  14. ↑ Keloland TV,"2010 KELOLAND TV/Argus Leader City Election Poll," retrieved April 7, 2010
  15. ↑ Keloland TV,"KELOLAND TV/Argus Leader Poll: Smoking Ban," April 6, 2010
  16. ↑ South Dakota Secretary of State,"Circulating A Statewide Ballot Question Petition 2010," retrieved November 24, 2009
  17. ↑ Yankton Press & Dakotan,"Our Opinion: The Smoking Ban Battle – Shaping The Debate," June 23,2009
  18. ↑ Rapid City Journal,"Supporters of S.D. smoking ban seek to stop public vote," July 2, 2009
  19. ↑ 19.0 19.1 Keloland TV,"Signature Challenge First Of Its Kind In SD," July 2, 2009
  20. ↑ 20.0 20.1 Argus Leader, "Smoking ban clears big hurdle", July 24, 2009
  21. ↑ The Daily Republic,"Second-hand testimony turned down," November 3, 2009
  22. ↑ KPTH,"South Dakota Smoking Ban Goes to a Vote," retrieved November 24, 2009
  23. ↑ Associated Press,"Public to vote on South Dakota's smoking ban law," November 21, 2009
  24. ↑ The Daily Republic,"More signatures valid, judge rules," December 30, 2009
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