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BONE SHIRT v. HAZELTINE

No. 23507.

700 N.W.2d 746 (2005)

2005 SD 84

Alfred BONE SHIRT, Belva Black Lance, Bonnie High Bull and Germaine Moves Camp, Respondents, v. Joyce HAZELTINE, in her official capacity as Secretary of the State of South Dakota, Scott Eccarius, in his official capacity as Speaker of the South Dakota House of Representatives, South Dakota House of Representatives, Arnold Brown, in his official capacity as President of the South Dakota Senate, and South Dakota Senate, Petitioners.

Supreme Court of South Dakota.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Patrick Duffy of Duffy & Duffy, Rapid City, South Dakota, Bryan L. Sells of American Civil Liberties Union Foundation, Atlanta, Georgia, Attorneys for respondents.

Lawrence E. Long, Attorney General, John P. Guhin, Sherri Sundem Wald, Assistant Attorneys General, Pierre, South Dakota, Attorneys for petitioners.

GILBERTSON, Chief Justice and SABERS, Justice.

[¶ 1.] Pursuant to SDCL 15-24A-11 United States District Judge Karen E. Schreier of the District of South Dakota certified the following question to this Court:

Is the South Dakota Legislature authorized under Article III, Section 5 of the South Dakota Constitution, to reapportion Districts 26 and 27 and other affected areas in response...

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