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State Senator takes Secretary of State to Court

State Senator Stan Adelstein has filed a case against Secretary of State Jason Gant over language on the 2012 ballot. Adelstein alleges Gant broke the law when he left an opposing statement against Constitutional Amendment “P” off the ballot explanation.

Adelstein contends it’s up to the Secretary of State to provide language on the ballot that describes both pro and con sides of any constitutional amendment.   

“The Secretary of State decided to break the law and that’s why I’m going to be in court in Pierre asking the Judge to give me a Writ of Mandamus ordering the Secretary of State to comply with the law and print a con statement,” says Adelstein. 

Amendment P changes the constitution to require a balanced budget.   But, Adelstein says the state constitution already requires that.   He says this weakens the current law.

The on-line publication on the Secretary of State’s website shows a blank space on the ballot for the all the opposing side of each proposed amendment.

In an e-mail statement Gant says "I believe I have followed the law to the fullest extent," and "The next step is now with the court."

The issue is first set to be heard  in Hughes County Court before Judge Mark Barnett  on Friday, October  12th at 12:30 PM central time.