Stumes v. Bloomberg

[¶ 18] I concur specially.

[¶ 19] As stated in the majority opinion, Stumes is a convicted felon and incarcerated in the South Dakota State Penitentiary. While imprisoned in the State Penitentiary, Stumes’ right to vote is automatically suspended. SDCL 23A-27-35.1 Since Stumes has no right to vote for legislators while imprisoned, he clearly has no right to challenge their legislative actions that do not affect him directly.

*595[¶ 20] Although a taxpayer or elector who seeks to protect a public right may do so without showing a special “injury” or “interest,” it would be illogical and inconsistent…