SD VOICE v. Noem, No. 20-1262 (8th Cir. 2021)Annotate this Case
The Eighth Circuit dismissed defendants' appeal of the district court's decision permanently enjoining as unconstitutional a South Dakota law regulating ballot-petition circulation, as well as plaintiffs' cross-appeal of the district court's failure to decide all of their claims. While defendants' appeal was pending, the South Dakota Legislature enacted SB 180, which substantially changed the ballot-petition process, replacing HB 1094. Therefore, defendants' appeal is moot and the court lacked jurisdiction. The court also concluded, based on considerations of public interest, that defendants failed to show their entitlement to vacatur and the court declined to vacate the district court's judgment. In regard to plaintiffs' cross-appeal, the court concluded that the district court has not yet decided all of plaintiffs' claims and thus the court lacked jurisdiction over the cross-appeal based on the lack of a final order.