IN THE SUPREME COURT

 

OF THE

 

STATE OF SOUTH DAKOTA

 

*   *   *   *

 

WILLIAM STEGMEIER,                )

            Applicant and Appellant,         )

                                                      )          JUDGMENT OF AFFIRMANCE

    vs.                                               )

                                                      )                      #24239,  #24241

LARRY LONG, SOUTH DAKOTA )

ATTORNEY GENERAL, AND       )

CHRIS NELSON, SECRETARY     )

OF STATE,                                    )

        Respondents and Appellees.     )

 

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        The above-entitled matter came before this Court on an expedited appeal from

 

a circuit court judgment and order denying, in part, and granting, in part, writ of

 

certiorari.  There is no dispute that this matter must be resolved by September 1,

 

2006, so that the ballot printing process may begin and voters will not be

 

disenfranchised.

 

        Having received the appeal briefs late Wednesday, August 30, 2006, in the

 

limited time available, this Court has thoroughly considered the briefs and exhibits.

 

We observe that the applicant has abandoned the argument that Constitutional

 

Amendment E applies only to judges.  Thus the only remaining issues applicant

 

raises are whether "the attorney general's explanation of proposed Amendment E

 

exceeds the power and authority conferred upon him by SDCL 12-13-9" and

 

whether "the ballot statement as released by the attorney general is misleading,

 

factually inaccurate, and legally inaccurate."

 

        We have reviewed this case to determine if the attorney general has exceeded

 

his jurisdiction, SDCL 21-31-1, and properly complied with his legal duties under

 

SDCL 12-13-9.  We conclude that the attorney general's ballot explanation, as

 

corrected by the circuit court, educates the voters of the purpose, effect, and legal

 

consequences of Constitutional Amendment E and fully complies with SDCL

 

12-13-9.

 

        Accordingly, we affirm, in all respects, the circuit court's judgment and order

 

denying, in part, and granting, in part, writ of certiorari.

 

        DATED at Pierre, South Dakota, this 31st day of August, 2006.

 

                                                                                BY THE COURT:

 

 

                                                               /signature/                               

                                                               Richard W. Sabers,

                                                               Acting Chief Justice

 

ATTEST:

 

 

/signature/                          

Clerk of the Supreme Court

          (SEAL)

 

 

(Justice Sabers agrees with the Court, except dissents in part on the basis that the attorney general's ballot explanation fails to state the purpose of the Constitutional Amendment E and, therefore, is not objective.)

 

PARTICIPATING:  Acting Chief Justice Richard W. Sabers, Justices John K. Konenkamp and Judith K. Meierhenry, Circuit Court Judges Gene Paul Kean and John W. Bastian, serving in the places of Chief Justice David Gilbertson and Justice Steven L. Zinter who have deemed themselves disqualified.

 

                                                                       (STAMPED)

                                                                  SUPREME COURT

                                                          STATE OF SOUTH DAKOTA

 

                                                                       AUG  31 2006   

                                                                         / signature /   

                                                                             Clerk