Jackley Asks Judge To Consider ‘Constitutional’ Provisions of IM 22

Dec 20, 2016

Credit Courtesy SD Attorney General's Office

Attorney General Marty Jackley is requesting a South Dakota court take a closer look at the constitutionality of several provisions in Initiated Measure twenty two.

Among those provisions are the campaign finance and lobbying limits that are a part of the Anti-Corruption Act

Earlier in the month, Judge Mark Barnett issued a preliminary injunction against I-M 22. That put the entire measure on hold.

However, Jackley says some portions of I-M 22 are constitutional. He’s requesting Judge Barnett take a closer look at his injunction.

“Can you sever away the bad parts, or the parts that violate the constitution, leaving a portion of it—the intent of the law, so to speak—in existence," Jackley says. "So, that’s really what the lawyers are arguing right now is, does the entire law have to fail because it’s so intertwined together, or can parts of it be pulled out and go into effect. And that’s what the parties are working on right now.”

Jackley says the legislature will take a look at the bill once the court rules on what is or is not constitutional.