SIOUX FALLS, S.D. (KEL) — An effort to get the abortion issue before South Dakota voters in November is back in the hands of a circuit court judge.
Last week, the South Dakota Supreme Court ruled that a circuit judge must further consider whether a proposed constitutional amendment to allow abortions should be on the general election ballot this fall.
On Friday, the high court overruled Circuit Judge John Pekas’s July 15th decision to dismiss the case and ordered that the matter be returned to his court. The high court’s action means Life Defense Fund, co-chaired by Leslee Unruh of Sioux Falls and Republican Representative Jon Hansen of Dell Rapids, can continue its fight to keep the measure off the ballot.
In a statement, Unruh wrote, “We are thrilled the Supreme Court expedited our case and rightly sent it back to the state court, where our case can be heard and thoroughly examined.”
We reached out to both sides, The Life Defense Fund and Dakotans for Health. Rapid City Attorney Sarah Frankenstein, who represents the Life Defense Fund, says they were hoping to get a decision before August 13th.
“I don’t know if it is realistic anymore to have the case resolved by August 13th, but that would have been the ideal, said Frankenstein. “August 13 is the day on the election calendar that the Secretary of State has to certify copies of all ballot questions to the county auditors; each county auditor has to order their ballots.” they need to know which statewide ballot questions need to go on those ballots.”
Frankenstein says they are exploring options even if the proposed amendment is on the ballot, which today looks very likely.
‘There are ways to still have measures disqualified even though it is printed on the ballot. If you will remember back when Amendment A was litigated, the marijuana measure. It had gone to a vote, had passed, and still, the court disqualified it, after the fact, said Frankenstein. “So there are certainly options, even though the ideal date of August 13th is probably unrealistic at this point.”
In the lawsuit, the group contends petition gatherers for Dakotans of Health broke the law while gathering petition signatures—an allegation they have flatly denied.
Frankenstein says several legal developments are in the works, and we can expect more answers in the next few weeks.
