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BRENDTRO v. NELSON

Nos. 24139, 24162.

720 N.W.2d 670 (2006)

2006 SD 71

Daniel K. BRENDTRO, Sponsor of an Initiated Measure, Petitioner, v. Chris NELSON, in his official capacity as Secretary of State of South Dakota, Respondent. Cellco Partnership d/b/a, Verizon Wireless, Sponsor of an Initiated Measure, Petitioner, v. Chris Nelson, in his official capacity as Secretary of the State of South Dakota, Respondent.

Supreme Court of South Dakota.

Decided August 9, 2006.

Attorney(s) appearing for the Case

Patrick Duffy of Duffy & Duffy, Rapid City, South Dakota, Matthew T. Tobin of Tobin Law Office, Sioux Falls, South Dakota, Attorneys for petitioner Daniel K. Brendtro.

James E. McMahon of McMahon Law Office, Matthew S. McCaulley and Jonathan A. Kobes of Murphy, Goldammer & Prendergast, Sioux Falls, South Dakota, Attorneys for petitioner Cellco Partnership d/b/a Verizon Wireless.

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

GILBERTSON, Chief Justice.

[¶ 1.] Before the Court are two separate original proceedings in mandamus to compel the secretary of state to place initiated measures on the 2006 general election ballot. One measure seeks to repeal the video lottery provisions of SDCL ch. 42-7A. The other seeks to repeal the four percent gross receipts tax on wireless telecommunications imposed by SDCL ch. 10-33A. For the reasons set forth below, the writs will issue.

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