Medicaid expansion group loses ballot timeline challenge
The Associated PressMay 7, 2021News
Medicaid Expansion-SupCo
SIOUX FALLS, S.D. (AP) The South Dakota Supreme Court has rejected an effort by Medicaid supporters to challenge a constitutional amendment that would make it more difficult to expand the federal program to more people in need.
The ruling Wednesday is a setback for the Medicaid expansion group, Dakotans for Health.
The group wants voters to pass a constitutional amendment in November 2022 to expand eligibility for Medicaid. But the Legislature has proposed its own constitutional amendment that ballot initiatives like Medicaid expansion must meet a 60% vote requirement.
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A group seeking to expand Medicaid in South Dakota has lost its bid to delay an election set by the South Dakota Legislature asking voters to raise the bar for passing expensive ballot measures.
The South Dakota Supreme Court ruled Thursday that Dakotans for Health cannot refer House Joint Resolution 5003 for a vote of the people because it is not a law. South Dakotans have the ability to refer laws passed by the Legislature to a vote, but the resolution doesn’t qualify, the court ruled.
“HJR 5003 is not a law enacted by the Legislature,” wrote Chief Justice Steven Jensen. “It does not contain an enacting clause and was not submitted to the governor for signature or veto.”
South Dakota voters will see 60% constitutional amendment threshold question in primary, not general election
The state s supreme court ruled on a technical issue involving just what constitutes an act of the legislature that can be referred to the voters. The legislature passed a resolution earlier this year, sending a vote to the public on an amendment requiring three-fifths approval on any voter-approved amendment requiring a $10 million spend. Written By: Christopher Vondracek | ×
PIERRE, S.D. A vote on a proposed constitutional amendment that would require 60% of the public s approval for any future constitutional amendments that increase taxes or requires $10 million in spending will come to South Dakotans on a June, 2022 primary ballot rather than a later general election after the state s highest court ruled on the definition of a referable law on Wednesday, April 5.
Instead of pretend experts, people who went to law school and know a thing or two weighed in today on the topic. And they unanimously disagreed:
The South Dakota Supreme Court ruled Thursday that Dakotans for Health cannot refer House Joint Resolution 5003 for a vote of the people because it is not a law. South Dakotans have the ability to refer laws passed by the Legislature to a vote, but the resolution doesn’t qualify, the court ruled.
“HJR 5003 is not a law enacted by the Legislature,” wrote Chief Justice Steven Jensen. “It does not contain an enacting clause and was not submitted to the governor for signature or veto.”