That’s because the leader of South Dakota’s anti-tobacco movement filed a last-hour challenge to their referendum petitions Thursday.
The referendum petitions prevented the ban from taking effect July 1 at the same time as most other new South Dakota laws passed by the Legislature last session.
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If the petitions survive the challenge, a statewide vote would be held as part of the November 2010 general election.
But if Jennifer Stalley, of the American Cancer Society, is right, there won’t be a vote at all and the ban would kick in when the legal dust settles.
Stalley delivered a thick binder to the office of Secretary of State Chris Nelson, whose staff oversees election compliance, challenging the petitions around 4 p.m. Thursday.
The challenge deadline was 5 p.m.
The ban’s opponents filed the referendum petitions last month. The referendum sponsors are Don Rose, of Sioux Falls, Pete Thompson, of Sioux Falls, Mark O’Neill, of Henry, and Mike Trucano, of Deadwood. All are involved in liquor and gambling businesses.
In her affidavit, Stalley claims there are 9,891 signatures on the petitions which are invalid because they don’t comply in some way with state requirements.
Her goal is to have sufficient signatures thrown out so that the smoking ban’s opponents don’t meet the minimum of 17,776 valid signatures necessary for the referendum to proceed.
There are 25,400 signature lines on the petitions, according to Deputy Secretary of State Teresa Bray.
Nelson and his staff certified that the petitions contained sufficient valid signatures, after checking 5 percent of them using a random sampling technique.
The sampling is provided by state law. Stalley is challenging the signatures rather than the sampling method.
Nelson wasn’t at the office when Stalley’s challenge documents arrived.
Bray said the next step is to begin looking at each one of the 9,891 challenges. That work will begin Monday.
“We will have to go line by line,” Bray said.
If enough of the challenged signatures are found to be invalid, Bray said Nelson then would consult with state Attorney General Larry Long regarding how to proceed.
“As Chris said today, this is totally uncharted territory right now, because it’s never happened in a statewide election,” Bray said. “As of this moment, it’s on the election ballot for 2010.”


Comments
32 comment(s)Well Said Gerry Z wrote on Jul 20, 2009 6:16 PM:
JD wrote on Jul 18, 2009 4:33 PM:
Gerry Zacher wrote on Jul 18, 2009 3:51 PM:
To freedoms wrote on Jul 17, 2009 10:34 PM:
non smoker wrote on Jul 17, 2009 12:08 AM:
Big Kahuna wrote on Jul 16, 2009 9:00 PM:
To To Holding Off wrote on Jul 15, 2009 4:50 PM:
Freedoms wrote on Jul 15, 2009 1:11 PM:
XXSmoker wrote on Jul 15, 2009 11:31 AM:
Why doesnt South Dakota Get With IT wrote on Jul 15, 2009 10:11 AM:
JD wrote on Jul 15, 2009 9:27 AM:
to Dont you get it wrote on Jul 14, 2009 1:00 PM:
To holding off wrote on Jul 14, 2009 9:14 AM:
Dont You Get It wrote on Jul 13, 2009 8:48 AM:
holding off wrote on Jul 10, 2009 12:50 PM:
Still waiting..... wrote on Jul 10, 2009 12:40 PM:
Come on SDakotans wrote on Jul 9, 2009 8:18 AM:
Elwood Blues wrote on Jul 9, 2009 8:06 AM:
JD wrote on Jul 9, 2009 6:29 AM:
Back to basics wrote on Jul 8, 2009 11:02 PM:
ex-smoker wrote on Jul 8, 2009 7:30 AM:
XDAK wrote on Jul 8, 2009 12:54 AM:
midnight rider wrote on Jul 7, 2009 12:52 PM:
Come on SDakotans wrote on Jul 7, 2009 10:20 AM:
Dave wrote on Jul 7, 2009 8:32 AM:
In this country we have the right to do anything we want to as long as it does not infringe upon other's rights.
A business owner has the right to allow smoking in his business as long as it does not affect the rights of others. Since you have no NEED to go to said bar, then your rights are not being infringed upon.
You are insisting that your 'right' to go to a bar should overrule the business owner’s rights.
That's not worth discussing? "
Bruce McNeary wrote on Jul 6, 2009 5:02 PM:
Full Disclosure wrote on Jul 5, 2009 10:01 AM:
sick of smoke wrote on Jul 4, 2009 10:47 PM:
JD wrote on Jul 4, 2009 5:27 PM:
bob wrote on Jul 4, 2009 4:33 PM:
Now these zealots are using tax dollars to promote their private agenda. Wonder if this is what our founding Fathers had in mind when they wrote our constitution. "
susie wrote on Jul 3, 2009 4:19 PM:
Friday wrote on Jul 3, 2009 8:22 AM: