Today brought some high drama to the Capitol in the form of House Bill 1069 – An Act to repeal and revise certain provisions related to campaign finance and to declare an emergency. In essence this bill would repeal Initiated Measure 22 as passed by South Dakota voters on November 8, 2016, ballot.
A joint session of both the House and Senate State Affairs Committees hosted a room full of observers this afternoon at which time I gave testimony in support of HB1069. Here were my brief comments:
“We stand in support of HB 1069. The Family Heritage Alliance Action sensed from the beginning that Initiated Measure 22 was bad law and that’s why we joined the statewide coalition opposing its passage. On November 23, 2016, following IM22’s very slim statewide margin of victory, the FHA Action became one of many plaintiffs in a court case challenge of the constitutionality of IM22.
The FHA Action believes IM-22 may have good intentions, but unfortunately IM-22 uses methods that appear clearly unconstitutional and will chill legitimate political activity by non-profit organizations, such as the Family Heritage Alliance Action, and individuals across the political spectrum. FHA Action wants to promote ethical government, but even the goal of making government more ethical does NOT justify ignoring important constitutional constraints like separation of powers and equal protection that are also intended to protect the people of South Dakota.
FHA Action absolutely believes in the importance of ethical government and would be happy to support new laws that promote ethical government without violating the constitution or chilling legitimate political activity. Thus, we respectfully ask for your support of HB 1069.”
After two hours and 45 minutes of taking testimony, and asking and answering questions, the vote was taken and HB 1069 was passed overwhelmingly on a vote of 10 to 3. This battle on IM22 simply reminds me on this truth: Good policy is done reflectively and not reflexively.