2008 election results
These results are based on the Elections Division of South Dakota. [2]
| Yes or no | Votes | Percentage | |
|---|---|---|---|
| Yes | 127,042 | 35.3% | |
 No | 232,631 | 64.7% | |
| Total votes | 359,673 | 100% | |
The South Dakota Open and Clean Government Act, or Initiated Measure 10, was a South Dakota initiative that would ban taxpayer-funded lobbying, stop the exchange of campaign donations for state contracts, and open a website with information on state contracts. The Open and Clean Government Act was proposed as a citizen-initiated state statute and appeared on the November 4, 2008 ballot. [1]
These results are based on the Elections Division of South Dakota. [2]
| Yes or no | Votes | Percentage | |
|---|---|---|---|
| Yes | 127,042 | 35.3% | |
| No | 232,631 | 64.7% | |
| Total votes | 359,673 | 100% | |
National Ballot Access was the signature vendor for this petition drive.
The text of the initiative reads:
No public body, public officer, person in the employ of the state or any of its political subdivisions, or candidate for public office may, directly or indirectly, direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan purposes, including payment of dues or membership fees of any kind to any person, league, or association which, directly or indirectly engages in lobbying, campaigns or partisan activity. [3]
Anyone who would violate the law would be charged with a misdemeanor.
South Dakotans for Open and Clean Government sponsored the initiative and formed as a Ballot Question Committee (BQC) to promote the issue. [6]
The committee believed that the initiative would have made government contracts more accessible and apply stiffer regulations that would protect taxpayers. Tonchi Weaver, one of the board members, thinks that too many elected officials become state-funded contractors after leaving the legislature and that the initiative would have been a way to combat that cronyism. [7]
In January, 2008, South Dakotans for Open and Clean Government announced that they had received $10,000 to support their efforts from Americans for Tax Reform, a national taxpayer advocacy group. [8]
The most recent financial reporting filings shows South Dakotans for Open and Clean Government reported donations in the amount of $175,800. South Dakota Conservative Action Council, a 501(c)(4) tax-exempt organization gave $175,000. The campaign report lists all donors.
Opponents of Initiated Measure 10 have said that the South Dakota Conservative Action Council must release its donor list because it made a donation to the ballot committee. A complaint or lawsuit to substantiate this has not been filed. Supporters of 10 say that it is hypocritical for opponents to attack it on this issue because they are not calling for other 501c nonprofit groups that have given to other statewide ballot campaigns ("VoteYesForLife.com," Yes on 11; "Healthy Families," No on 11, and "NO on 10") to release their donor lists. [9]
The National Taxpayers Union supports government spending transparency on their ShowMeTheSpending.org web site, including online databases of grant and contract spending.
Supporters of Measure 10 filed a lawsuit in late October alleging that the Brown County Commission acting illegally when it passed a resolution in opposition to 10. They say that Brown County broke a law that forbids governments from spending money to influence elections. The state's attorney general disagrees with this interpretation of the law, and says that local governments in South Dakota are free to take positions on ballot measures. [10]
On March 21, 2008, South Dakotans for Open and Clean Government announced that they had submitted more than 26,500 signatures to the South Dakota Secretary of State—nearly 10,000 more than the minimum requirement. [11] On April 3, South Dakota Secretary of State Chris Nelson certified the measure for the fall ballot after a random sample of 5% of the submitted signatures indicated a sufficiently high validity rate.
Governor Mike Rounds came out in opposition to the measure, saying that it is not well thought out and has the potential to interfere with the political rights of South Dakota citizens. Critics of the governor were not surprised by his position, considering that he is one of the "recipient(s) of tens of thousands of dollars of campaign contributions from holders of no-bid contractors, contractors who received tens of millions of dollars back". [12]
The state Retirement System opposed the measure and has participated in sending a mailing to its 70,000 members urging them to vote "no" on election day. The legality of such a letter is questionable, but upon the advice of Attorney General Larry Long they moved forward with the mailing. [13] [14]
Groups like the South Dakota Association of County Commissioners, which collects tax-funded dues from all 66 counties, did not agree with the measure, saying that it is too far-reaching. Both of the state's major political parties have also announced their opposition to it., [15] [16]
The Boards of Directors of the S.D. Cattlemen's Association and the S.D. Farm Bureau voted to oppose Measure 10 calling the ballot language "poorly written". [17]
The National Taxpayers Union (NTU) is a fiscally conservative taxpayer advocacy organization and taxpayers union in the United States, founded in 1977 by James Dale Davidson. NTU says that it is the oldest taxpayer advocacy organization in the nation. It is closely affiliated with a non-profit foundation, the National Taxpayers Union Foundation (NTUF). The organization has ranked politicians on their perceived fiscal responsibility, in the eyes of the National Taxpayers Union.
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