HOOGESTRAAT v. BARNETT

Nos. 20670, 20672.

583 N.W.2d 421 (1998)

1998 SD 104

Craig L. HOOGESTRAAT, Applicant and Appellee, v. Mark BARNETT, South Dakota Attorney General, and Joyce Hazeltine, South Dakota Secretary of State, Respondents and Appellants, and Thomas Redlin, South Dakota Pork Producers Council, Inc., South Dakota Cattlemen's Association, South Dakota Farm Bureau Federation, South Dakota Soybean Association, South Dakota Corngrowers Association, South Dakota Wheat, Inc., and Vote No on E Committee, Intervenors and Appellants.

Supreme Court of South Dakota.

Decided September 4, 1998.


Attorney(s) appearing for the Case

Douglas E. Kludt of Churchill, Manolis, Freeman, Kludt and Shelton, Huron, for applicant and appellee.

Mark Barnett, Attorney General, Jeffrey P. Hallem and Roxanne Giedd, Assistant Attorneys General, Pierre, for respondents and appellants.

Jerome B. Lammers of Lammers, Lammers and Kleibacker, Madison, for intervenors and appellants.


SABERS, Justice.

[¶ 1.] The narrow question in this appeal is whether the statutory requirement that the Attorney General succinctly describe the "purpose and legal effect" of proposed 1998 Constitutional Amendment E permits a statement that the proposed amendment "could result in successful lawsuits against the State of South Dakota, under the U.S. Constitution." We conclude that the statement exceeds the authority granted by SDCL 12-13-9 and affirm the judgment...

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