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otherwise would allow contractors to contributions through their family members. It also protects the family members from being pressured by politicians to make campaign donations to ensure the continuation of their family member's government contract. Additionally, in the case of a special no-bid contracts, employees CAN give donations to any candidate they wish, but they cannot be used as a conduit through which the holders of that contract (the company's owners) pass money through them to the political candidates.
185:"(2) "Government contract," includes any contract awarded by an agency or department of this state or any public body receiving state subsidy or authorized to levy taxes, for the purchase of goods or services for amounts greater than five hundred dollars, indexed for inflation per the Consumer Price Index after the year 2010. A contract for services includes collective bargaining agreements with a labor organization representing employees but not employment contracts with individual employees;"
191:(3) "Holder of the government contract," includes any party to the contract, including partners, owners of five percent or more interest, officers, administrators or trustees of any person who is a party to the contract, or, in the case of collective bargaining agreements, the labor organization and any political committees created or controlled by the labor organization;
91:
181:
The opposition Yes on 10 has made many claims about
Initiated Measure 10. Among these claims is that this law applies to employment contracts and individual employees. A read of the measure shows that Section 10(2) limits the effect of the law references by these criticisms to only contracts over $
153:
No public body, public officer, person in the employ of the state or any of its political subdivisions, or candidate for public office may, directly or indirectly, direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan
280:
filed a lawsuit in late
October alleging that the Brown County Commission acting illegally when it passed a resolution in opposition to 10. They say that Brown County broke a law that forbids governments from spending money to influence elections. The state's attorney general disagrees with this
228:
The committee believed that the initiative would have made government contracts more accessible and apply stiffer regulations that would protect taxpayers. Tonchi Weaver, one of the board members, thinks that too many elected officials become state-funded contractors after leaving the legislature
309:
came out in opposition to the measure, saying that it is not well thought out and has the potential to interfere with the political rights of South Dakota citizens. Critics of the governor were not surprised by his position, considering that he is one of the "recipient(s) of tens of thousands of
194:
While it is true that family members of holders of a government contract cannot give campaign contributions to the elected official ultimately responsible for the award of that contract, proponents of
Initiated Measure 10 argue that this is a common sense step to close a gaping loophole that
256:
say that it is hypocritical for opponents to attack it on this issue because they are not calling for other 501c nonprofit groups that have given to other statewide ballot campaigns ("VoteYesForLife.com," Yes on 11; "Healthy
Families," No on 11, and "NO on 10") to release their donor lists.
313:
The state
Retirement System opposed the measure and has participated in sending a mailing to its 70,000 members urging them to vote "no" on election day. The legality of such a letter is questionable, but upon the advice of Attorney General Larry Long they moved forward with the mailing.
251:
Opponents of
Initiated Measure 10 have said that the South Dakota Conservative Action Council must release its donor list because it made a donation to the ballot committee. A complaint or lawsuit to substantiate this has not been filed. Supporters of
321:, which collects tax-funded dues from all 66 counties, did not agree with the measure, saying that it is too far-reaching. Both of the state's major political parties have also announced their opposition to it.,
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Section 10(3) defines who is a "Holder of a government contract" - the only people whose ability to donate is restricted by accepting a government contract, under the Open and Clean
Government Act:
608:
154:
purposes, including payment of dues or membership fees of any kind to any person, league, or association which, directly or indirectly engages in lobbying, campaigns or partisan activity.
244:
The most recent financial reporting filings shows South
Dakotans for Open and Clean Government reported donations in the amount of $ 175,800. South Dakota Conservative Action Council, a
736:
46:, stop the exchange of campaign donations for state contracts, and open a website with information on state contracts. The Open and Clean Government Act was proposed as a
367:
324:
The Boards of
Directors of the S.D. Cattlemen's Association and the S.D. Farm Bureau voted to oppose Measure 10 calling the ballot language "poorly written".
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Chris Nelson certified the measure for the fall ballot after a random sample of 5% of the submitted signatures indicated a sufficiently high validity rate.
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Since anyone could file a complaint with the
Attorney General if they believe the measure's provisions have been violated, the courts might get bogged down.
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498:
789:
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South Dakotans for Open and Clean Government sponsored the initiative and formed as a Ballot Question Committee (BQC) to promote the issue.
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It would put an end to "taxpayer-funded lobbying", that is, the practice of organizations supported by tax dollars lobbying for more taxes.
774:
678:
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In January, 2008, South Dakotans for Open and Clean Government announced that they had received $ 10,000 to support their efforts from
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On March 21, 2008, South Dakotans for Open and Clean Government announced that they had submitted more than 26,500 signatures to the
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dollars of campaign contributions from holders of no-bid contractors, contractors who received tens of millions of dollars back".
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interpretation of the law, and says that local governments in South Dakota are free to take positions on ballot measures.
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712:
554:
540:
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The measure requires a website be made available so that anyone can search through and review state contracts.
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It goes too far in limiting political contributions from holders of no-bid governmental contracts.
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The measure would reduce or eliminate trading government contracts for campaign contributions.
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Supporters and Opponents of Initiated Measure 10 At Odds Over What It Would Really Do
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Wait a minute. IM 10 doesn’t just affect my loved ones. It would directly affect *me*
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tax-exempt organization gave $ 175,000. The campaign report lists all donors.
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and that the initiative would have been a way to combat that cronyism.
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Anyone who would violate the law would be charged with a misdemeanor.
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SDCAC in violation of South Dakota Campaign Finance Law? You Decide.
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Ballot measure would give South Dakotans more government information
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South Dakota already provides a website showing government spending.
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These results are based on the Elections Division of South Dakota.
90:
293:—nearly 10,000 more than the minimum requirement. On April 3,
268:, including online databases of grant and contract spending.
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South Dakota Association of County Commissioners website
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County leaders debate pros, cons of Initiated Measure 10
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State Retirement System board opposes two ballot issues
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South Dakota Elections Division, 2008 Election Results
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South Dakotans for Open and Clean Government website
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Long says boards can take stands on ballot measures
264:supports government spending transparency on their
698:Rounds warns of 'damage' from Initiated Measure 10
605:Cattlemen, Farm Bureau oppose Initiated Measure 10
137:was the signature vendor for this petition drive.
514:Group files signatures in open-government measure
182:500 and completely exempts employment contracts:
18:South Dakota Open and Clean Government Act (2008)
319:South Dakota Association of County Commissioners
667:Vote YES on 10 to stop tax dollars for lobbying
528:SD gov slams ballot measure limiting donations
370:Open and Clean Government Act Ballot language
50:and appeared on the November 4, 2008 ballot.
8:
706:Measure 10 will stop 'pay-to-play' contracts
570:Group wants to eliminate tax-funded lobbying
451:Group wants to eliminate tax-funded lobbying
675:Initiated Measure 10: Both Sides Speak Out
29:South Dakota Open and Clean Government Act
489:, South Dakota War College, July 10, 2008
465:Group gets $ 10,000 for ballot initiative
413:, South Dakota War College, July 16, 2008
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752:Groups align against ballot initiative
615:, The Miller Press, September 30, 2008
236:, a national taxpayer advocacy group.
714:Heated Debate on Initiated Measure 10
545:, The Daily Republic, October 6, 2008
7:
690:Ballot issue targets open government
468:Argus Leader Media, January 31, 2008
559:, Associated Press, October 9, 2008
531:, Associated Press, October 9, 2008
738:S.D. has no 'right to inspect' law
573:, Rapid City Journal, Dec. 3, 2007
454:, Rapid City Journal, Dec. 3, 2007
427:, Argus Leader, September 24, 2008
25:
733:, Sibby Online Blog, Dec. 4, 2007
503:, Aberdeen News, October 23, 2008
130:Petition Drive Management Company
701:, Argus Leader, October 10, 2008
693:, Argus Leader, October 12, 2008
670:, Dakota Voice, October 15, 2008
662:, Argus Leader, November 5, 2008
89:
717:, Dakota Voice, October 7, 2008
709:, Argus Leader, October 7, 2008
584:Democrats oppose ballot measure
295:South Dakota Secretary of State
291:South Dakota Secretary of State
109:
48:citizen-initiated state statute
725:, KSFY.com, September 25, 2008
659:Bid to restrict lobbying fails
266:ShowMeTheSpending.org web site
1:
344:, Argus Leader, April 4, 2008
790:South Dakota ballot measures
745:Yes on 10 backs ballot issue
685:, Keloland, October 13, 2008
780:2008 South Dakota elections
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775:Government of South Dakota
62:Open and Clean Government
207:The measure is not clear.
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500:Commission faces lawsuit
262:National Taxpayers Union
234:Americans for Tax Reform
44:taxpayer-funded lobbying
272:Supporters file lawsuit
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135:National Ballot Access
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54:2008 election results
785:2008 ballot measures
730:The fight over money
240:Donors to Measure 10
33:Initiated Measure 10
141:Specific provisions
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758:2008-10-27 at the
681:2008-10-28 at the
633:2009-03-18 at the
611:2011-07-17 at the
590:2008-10-27 at the
517:Rapid City Journal
485:2008-07-10 at the
409:2008-10-28 at the
285:Path to the ballot
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16:(Redirected from
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641:No On 10 website
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377:. Archived from
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317:Groups like the
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760:Wayback Machine
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37:South Dakota
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637:(Yes on 10)
307:Mike Rounds
112:Total votes
73:Percentage
769:Categories
388:2009-03-08
328:References
301:Opposition
278:Measure 10
147:initiative
67:Yes or no
40:initiative
305:Governor
246:501(c)(4)
162:Arguments
756:Archived
679:Archived
631:Archived
609:Archived
588:Archived
483:Archived
407:Archived
81:127,042
35:, was a
221:Support
149:reads:
117:359,673
100:232,631
84:35.3%
70:Votes
382:(PDF)
375:(PDF)
105:64.7%
31:, or
260:The
122:100%
78:Yes
27:The
202:Con
167:Pro
771::
254:10
95:No
391:.
372:"
368:"
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
