Dakotans For Health V. Barnett
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The Supreme Court denied a writ of mandamus requiring the Secretary of State Steve Barnett to appear and show cause why the Supreme Court should not issue a peremptory writ of mandamus directing him to approve Dakotans for Health's form for referral of House Joint Resolution (HJR) 5003 to voters at the general election on November 8, 2002, holding that Petitioner was not entitled to the writ.
Petitioner, Dakotans for Health, submitted a petition seeking to refer HJR 5003 to the voters of South Dakota at the November 2022 general election. The Secretary of State refused to file the petition, determining that HJR 5003 did not qualify as a "law which the legislature may have enacted" and that the petition did not have a valid effective date. The Supreme Court denied Petitioner's writ of mandamus, holding that Barnett correctly determined that HJR 5003 does not constitute a law subject to referral and that he had no authority to file the petition.
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