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Gentlemen, this is exactly what Amendment “E” and our actions have done here and continue to do. However, to the contrary, your actions fly in the face of Art. VI, sec. 27, show contempt for the People and Constitution of South Dakota, and make a mockery of justice, moderation, temperance, frugality and virtue. Your actions here have irrefutably proven our motto, “Reform never comes from government, it must always come from the People.”
Fourth, Art. VI, Sec. 19 – Free and equal elections – Right of suffrage – Soldier voting, in pertinent part states:
“Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. …” [emphasis added]
Gentlemen, what part of the word “free” don’t you understand? What part of the words “no power” don’t you understand? What part of the word “civil” don’t you understand? What part of the word “interfere” don’t you understand? Your HCR 1004 blatantly states in its first and last paragraphs:
“A CONCURRENT RESOLUTION, Urging the voters of South Dakota to reject the Judicial Accountability Initiated Law (J.A.I.L.) which will be submitted to South Dakota voters in November 2006, designated Amendment E.
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“NOW, THERFORE, BE IT RESOLVED, by the House of Representatives Eighty-first Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature strongly urges all South Dakota voters to protect our citizen boards, to protect our system of justice, to protect economic development, to protect all our citizens from frivolous lawsuits that would be authorized by the Judicial Accountability Initiated Law, and to vote against Amendment E.
Urging the voters of South Dakota to reject? Strongly urges all South Dakota Voters … to vote against Amendment E? Your actions fly in the face of Art VI, Sec. 19, and thus again you show contempt for the People of South Dakota and the South Dakota Constitution. Equally, Art. VII, Sec. 1 – Right to vote, in full states the same as Art. VI, Sec.19 above. Gentlemen, why do you fail to show respect for and honor to the People of South Dakota and the sacred right of suffrage, the right to vote?
Gentlemen, your actions also fly directly in the face and authority of our own South Dakota Attorney General's Official Opinion No. 88-28 - Expenditure of Public Funds on Election Issues, issued June 29, 1988, ....
As such, we hereby formally request that you promptly, individually, and collectively (the entire House and Senate) reconsider your vote, and formally and publicly withdraw HCR 1004. We further formally request, that you publicly (in newspapers, radio, television and on official websites) apologize to the citizens of the State of South Dakota, for using your offices and public funds to interfere to prevent the free exercise of the PUBLIC’s right of suffrage (to vote), either for or against Amendment “E”. We request that this action on your part be taken and accomplished promptly, no later than March 10, 2006, so as to quickly stop and mitigate the damage you have wrought to a free and equal election process.
Besides being blatantly in violation of the law and your oaths of office to follow the law, your actions smack of an imperial arrogance, an abuse of your office and power (loaned to you by the People), a fundamental failure to understand that you are servants of the People and of an outright contempt for the People you represent. ....