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SCHULTE v. LONG

No. 23371.

687 N.W.2d 495 (2004)

2004 SD 102

Jason SCHULTE, Applicant and Appellee, v. Larry LONG, South Dakota Attorney General, and Chris Nelson, Secretary of State, Respondents and Appellants.

Supreme Court of South Dakota.

Decided September 3, 2004.

Attorney(s) appearing for the Case

Ron J. Volesky of Volesky Law Firm, Huron, South Dakota, Attorney for applicant and appellee.

Lawrence E. Long, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, South Dakota, Attorneys for respondents and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] The issue on appeal is whether the Attorney General exceeded his statutory authority by including a statement in the ballot explanation for 2004 Initiated Measure 1 that, if adopted, the measure would exempt food from state and municipal sales and use taxes "and eliminate this source of revenue." The circuit court held that the phrase "and eliminate this source of revenue" in the Attorney General's explanation is a negative editorial...

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