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SD VOICE v. NOEM

No. 20-1262, No. 20-1278.

987 F.3d 1186 (2021)

SD VOICE; Cory Heidelberger, Plaintiffs-Appellees v. Kristi NOEM, Governor of South Dakota, in her official capacity; Jason Ravnsborg, Attorney General of South Dakota, in his official capacity; Steve Barnett, Secretary of State of South Dakota, in his official capacity. Defendants-Appellants, South Dakota Chamber of Commerce & Industry; South Dakota Biotech Association, Amici on Behalf of Appellant(s), SD Voice; Cory Heidelberger, Plaintiffs-Appellants v. Kristi Noem, Governor of South Dakota, in her official capacity; Jason Ravnsborg, Attorney General of South Dakota, in his official capacity; Steve Barnett, Secretary of State of South Dakota, in his official capacity. Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 16, 2021.

Attorney(s) appearing for the Case

James D. Leach , Rapid City, SD, for Plaintiffs-Appellees.

Jeffery J. Tronvold , Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Pierre, SD, for Defendants-Appellants.

Brett M. Koenecke , MAY & ADAM, Pierre, SD, for Amicus on Behalf of Appellant(s) South Dakota Chamber of Commerce & Industry.

Matthew S. McCaulley , Christopher D. Sommers , REDSTONE LAW FIRM, Sioux Falls, SD, for Amicus on Behalf of Appellant(s) South Dakota Biotech Association.

Before GRUENDER, ERICKSON, and KOBES, Circuit Judges.

Defendants (the South Dakota governor, attorney general, and secretary of state) appeal the district court's decision permanently enjoining as unconstitutional a South Dakota law regulating ballot-petition circulation. In turn, Plaintiffs (South Dakota ballot-question committee SD Voice and its operator Cory Heidelberger...

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