Schulte v. Long

GILBERTSON, Chief Justice.

[¶ 1.] The issue on appeal is whether the Attorney General exceeded his statutory authority by including a statement in the ballot explanation for 2004 Initiated Measure 1 that, if adopted, the measure would exempt food from state and municipal sales and use taxes “and eliminate this source of revenue.” The circuit court held that the phrase “and eliminate this source of revenue” in the Attorney General’s explanation is a negative editorial statement outside the statutory authority granted to him under SDCL 12-13-9. We disagree, however, and conclude that the…