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Be informed on ballot issues before voting

There are four proposed constitutional amendments and three proposed initiated measures on the ballot for the Nov. 4 General Election. The Sioux Falls Area Chamber of Commerce has prepared this guide to aid members with voting decisions. Some of these proposals deal with issues that have only incidental business impact. In these instances, the Chamber Board of Directors has taken no position but has provided an explanation about the effect of a "Yes" or "No" vote on the various proposals. Information about the items on the ballot was taken from the 2008 Ballot Question Pamphlet, which was compiled by the Secretary of State's office. For more information about any of these issues, contact the Chamber's Public Affairs & Communications Director Bob O'Connell at (605) 373-2004 or via e-mail.

Constitutional Amendment G: An amendment to the South Dakota Constitution, to repeal certain reimbursement restrictions for travel by legislators to and from a legislative session. The five cents per mile reimbursement relates back to 1891. Removing this language from the constitution will allow for an accurate and fair method of mileage reimbursement as provided for by law. A vote "Yes" will change the Constitution. A vote "No" will leave the Constitution as it is.

Constitutional Amendment H: An amendment to the South Dakota Constitution, to repeal certain provisions relating to corporations. Amendment H represents the concluding act in the process of updating South Dakota's corporate laws, which began with the adoption of an updated Business Corporation Act in 2005. Because some parts of the updated Act could not be adopted in South Dakota because of conflict with the Constitution, this amendment will allow those provisions to become law. Amendment H will help existing businesses, big or small, and will also help South Dakota remain competitive in attracting economic development. A vote "Yes" will change the Constitution. A vote "No" will leave the Constitution as it is.

Constitutional Amendment I: An amendment to the South Dakota Constitution, to provide for a maximum of 40 legislative days each year. Currently, the Constitution limits the length of legislative sessions to no more than 40 days during odd-numbered years and no more than 35 days during even-numbered years. A vote "Yes" will change the Constitution. A vote "No" will leave the Constitution as it is.

Constitutional Amendment J: An amendment to the South Dakota Constitution, to eliminate term limits for legislators. Currently, no legislator may serve in the state house or state senate for more than four consecutive terms or a total of eight consecutive years. Term limits were first passed South Dakota in 1992 for congressional, legislative and constitutional office holders. Amendment J only repeals term limits for legislators. A vote "Yes" will adopt the proposed law; a vote "No" will reject the proposed law.

Initiated Measure 9: An Initiative to make certain securities practices and transactions unlawful. A common "stock market" transaction is a "short sale" where, for example, an investor who believes a publicly traded stock is over-priced will borrow that stock from an owner, sell the borrowed stock, and repurchase the stock later at a lower price to repay the loan, thereby making money if the price has fallen. If the price goes up, the investor must repurchase the stock at the higher price to repay the loan, and will lose money. Measure 9 would prohibit short sales. State law currently does not regulate the time frame for the delivery of securities upon sale. Measure 9 would prohibit anyone from routinely taking longer than three business days to deliver securities they have sold. If adopted, Measure 9 will likely be challenged in court and may be declared to be preempted by federal law and the U.S. Constitution. A vote "Yes" will adopt the proposed law. A vote "No" will reject the proposed law.

Initiated Measure 10: An Initiative to prohibit tax revenues from being used for lobbying or campaigning, to prohibit governmental bodies from lobbying, to prohibit government contractors from making campaign contributions, to prohibit government contracts when the contractor employs a legislator or legislative staff member, and to require contracts with governmental bodies to be published. State law prohibits the acceptance of campaign contributions from all government and tribal entities, expenditure of public funds to support or oppose ballot measures, and certain state and county contracts which financially benefit legislators. Measure 10 would prohibit state and local governments, their officers, employees, independent contractors, consultants and candidates, from using government revenues or resources for campaigning or lobbying. Some communications and appearances before legislators and public bodies are exempted. It would prohibit persons who employ legislators or recent legislators from obtaining government contracts. It would prohibit, until two years after contract termination: some public officers, candidates and their agents from soliciting, accepting or directing contributions from some holders of competitively bid government contracts and their family members; and no-bid government contract holders, their officers, employee. If approved, all or part of Measure 10 will likely be challenged in court and may be declared to be in violation of the U.S. Constitution. If so, the State may be required to pay attorney fees and costs. A vote "Yes" will adopt the proposed law. A vote "No" will reject the proposed law.

Initiated Measure 11: An Initiative to prohibit abortions except in cases where the mother's life or health is at a substantial and irreversible risk, and in cases of reported rape and incest. A vote "Yes" will adopt the proposed law. A vote "No" will reject the proposed law.

For more information, the Chamber recommends the following websites: Initiated Measure 10: www.voteno.org. A sample ballot and election information can be found on the Secretary of State's website: www.sdsos.gov. Note: By statute (starting in 2004), constitutional amendments are lettered consecutively until the entire alphabet is used. This is why the ballot begins with Constitutional Amendment "G." Initiated measures are also numbered consecutively.