2008 Ballot Question Pamphlet Compiled by the Office of Secretary of State Chris Nelson
Initiated Measure 10
Title: An Initiative to prohibit tax revenues from being used for lobbying or campaigning, to prohibit governmental bodies from
lobbying, to prohibit government contractors from making campaign contributions, to prohibit government contracts when the
contractor employs a legislator or legislative staff member, and to require contracts with governmental bodies to be published.
Attorney General Explanation
State law prohibits the acceptance of campaign contributions from all government and tribal entities, expenditure of public funds
to support or oppose ballot measures, and certain state and county contracts which financially benefit legislators.
Measure 10 would prohibit state and local governments, their officers, employees, independent contractors, consultants and
candidates, from using government revenues or resources for campaigning or lobbying. Some communications and appearances
before legislators and public bodies are exempted.
It would prohibit persons who employ legislators or recent legislators from obtaining government contracts. It would
prohibit, until two years after contract termination: some public officers, candidates and their agents from soliciting, accepting or
directing contributions from some holders of competitively bid government contracts and their family members; and no-bid
government contract holders, their officers, employees, agents, vendors and family members from making contributions to, or
independent expenditures for, all candidate campaigns.
The Secretary of State would be required to summarize government contracts over $500 on its website.
If approved, all or part of Measure 10 will likely be challenged in court and may be declared to be in violation of the United
States Constitution. If so, the State may be required to pay attorney fees and costs.
A vote “Yes” will adopt the proposed law.
A vote “No” will reject the proposed law.
Pro – Initiated Measure 10 VOTE YES on 10 to bring common sense public disclosure and ethics reform to
our state and local governments, the same standards we already require by law of
our federal officials in Washington.
VOTE YES on 10 to stop politicians from handing out “pay to play” government
contracts in exchange for campaign money, stop retiring politicians and
bureaucrats from trading their political influence for high-paying jobs after
leaving office, and require that relationships between government officials and
contractors be made transparent by disclosing contract information on a public
website.
VOTE YES on 10 to stop the use of taxpayer dollars for lobbying and political
campaigns, and stop politicians from spending tax dollars to funnel money to
government employee union officials who spend their funds lobbying and
campaigning against South Dakota values.
Over 26,000 South Dakotans signed the petition to place Measure 10 -- South
Dakota’s Open and Clean Government Act – on our November ballot, and a
recent poll found that 63 percent of South Dakotans say they plan to VOTE YES
on 10.
So who are the tiny minority -- only ten percent, the poll found – who oppose
common sense public disclosure and ethics reform?
• Certain politicians and bureaucrats who want to continue their cozy
financial relationship with lobbyists and government contractors,
including campaign contributions in return for no-bid contracts and the
chance of being hired after leaving office.
• Lobbyists and no-bid contractors who want to continue benefiting
financially by rewarding politicians and bureaucrats who have
authority to spend our tax dollars.
• Lobbyists and government employee union officials who want to
continue using tax dollars – or union dues withheld from government
paychecks at taxpayers’ expense -- to pay for their lobbying and
political activities.
But in South Dakota, thankfully, the people rule.
Please VOTE YES on 10.
Submitted by: Former State Treasurer Richard D. Butler, D-Faith
P.O. Box 100, Faith, South Dakota 57783 and Samuel R. Kephart, R-Spearfish
401 Aspen Drive, Spearfish, South Dakota 57783. Affiliated with South
Dakotans for Open and Clean Government
Con – Initiated Measure 10 We seldom agree. But we both believe Initiated Measure 10 is really bad law. And
we’re not alone. Numerous statewide associations representing education,
business, government, unions, agriculture, political parties, health care, public
service, communications, and seniors have signed on to oppose 10.
Initiated Measure 10 is a cynical, deceptive attempt to manipulate South Dakota’s
voters by restricting political participation in the name of open government.
The proponents make unsubstantiated claims about the broken political system,
can’t get mainstream groups to support their cause and won’t reveal the source of
their own funding, despite their calls for transparency.
If passed, out-of-state groups will have fewer restrictions and, therefore, more
power to impact our elections and laws than South Dakotans will have. It helps
them and gags us.
Measure #10 could easily make you a criminal.
It lists twenty categories of your relatives (plus “domestic partner”). If any of
them receive $500 or more from state/local governments and you contribute
anything to any political campaign, then you are guilty of a crime unless you can
prove in court that you “didn’t” know about the $500. Proving a negative is very
hard. Your punishment could be thirty days in jail, $500 fine, or both.
Also, if you sell anything to state/local government, you can’t even say anything
nice about your mother if she runs for a state or local elective office because that
would be “inducing” or “soliciting” under Measure #10.
If the local states attorney doesn’t arrest you within 15 days, Measure #10 gives
any citizen the new power to go directly to court and have you immediately
charged with these crimes.
Please read all 1,967 words of Measure #10 below and ask yourself if you
understand all of its potential impacts. It is a mess. Please vote NO on Measure
#10.
Submitted by: Karl Adam, Chair, South Dakota Republican Party, 415 S. Pierre
St., Pierre, SD 57501 and Jack Billion, Chair, South Dakota Democratic Party,
PO Box 1485, Sioux Falls, SD 57101
Thu Sep 11, 2008 9:23 pm
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