The attorney for four businessmen has filed a new statement of “undisputed facts” in their lawsuit seeking a statewide vote on South Dakota’s new law banning smoking in bars, casinos and restaurants with alcohol licenses.
The ban is on hold while the lawsuit proceeds.
The new filing claims that the public notaries whose actions are at question were fully commssioned.
This includes 2,841 signatures on petition pages which were rejected by Secretary of State Chris Nelson because notaries incorrectly listed the expiration dates of their commissions.
This also is true for 409 signatures rejected by Nelson because of an invalid or missing notary seals and 70 signatures rejected by Nelson because notaries didn’t list expiration dates, according to the filing.
The lawyer, Sara Frankenstein of Rapid City, included the filing as part of a motion for summary judgment from Circuit Judge Kathleen Trandahl.
The petitions were initially found to be short by 221 valid signatures; after further review, Secretary of State Nelson has amended that to 178 short.
Frankenstein is arguing that the petition carriers complied with their legal requirements and the notaries’ shortcomings shouldn’t affect the petition signatures’ validity.
Judge Trandahl has scheduled a motions hearing for Sept. 11 in Winner.
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