The 8th Circuit today dismissed appeals by both the
State Officials (Governor, AG and Secretary of State) and SD Voice regarding
legislatively-imposed restrictive measures related to citizen-initiated ballot
measures. The lower court ruled adversely to the State Officials.
The State’s Appeal is dismissed because of a failure of jurisdiction due to the
passage of subsequent legislation. Nonetheless, the lower court’s adverse
ruling for State Officials is permitted to stand (not vacated) due to “public
interest” underlying its decision. The Cross is appeal is dismissed and
remanded to the lower court for a ruling on omitted issues.
A copy of the decision is available at
https://ecf.ca8.uscourts.gov/opndir/21/02/201262P.pdf
