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SD VOICE v. NOEM

Nos. 21-3195/21-3197.

60 F.4th 1071 (2023)

SD VOICE and Cory Heidelberger, Appellees/Cross-Appellants v. Kristi NOEM, Governor of South Dakota, in her official capacity; Marty Jackley, Attorney General of South Dakota, in his official capacity; and Monae Johnson, Secretary of State of South Dakota, in her official capacity, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 17, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross appellees and appeared on the brief was Clifton E. Katz , AAG, of Pierre, SD.

Counsel who presented argument on behalf of the appellees/cross appellants and appeared on the brief was James D. Leach , of Rapid City, SD.

Before LOKEN, GRUENDER, and GRASZ, Circuit Judges.

SD Voice and Cory Heidelberger raised a First Amendment challenge to South Dakota's statutory deadlines to submit petitions to initiate South Dakota statutes and to amend the South Dakota Constitution. After a bench trial, the district court agreed the filing deadline for petitions to initiate statutes violates the First Amendment...

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