Constitutional Amendment E
Title: An Amendment to Article VI of the South Dakota Constitution, relating to judicial decisions.
Attorney General Explanation:
Citizens serving on juries, school boards, city councils, county commissions, or in similar capacities, and prosecutors and judges, are all required to make judicial decisions. Their decisions may be reversed on appeal, or they may be removed from office for misconduct or by election. However, they cannot be made to pay money damages for making such decisions. This allows them to do their job without fear of threat or reprisal from either side.
The proposed amendment to the State Constitution would allow thirteen special grand jurors to expose these decision makers to fines and jail, and strip them of public insurance coverage and up to one-half of their retirement benefits, for making decisions which break rules defined by the special grand jurors. Special grand jurors are drawn from those who submit their names and registered voters.
The proposed amendment is retroactive. The special grand jurors may penalize any decision-maker still alive for decisions made many years ago.
If approved, the proposed amendment will likely be challenged in court and may be declared to be in violation of the US Constitution. If so, the State may be required to pay attorneys fees and costs.
A vote “Yes” will change the Constitution.
A vote “No” will leave the Constitution as it is.
The Attorney General's official characterization of Amendment E for voters as it will appear on the ballot. Reprinted from the Web site of the South Dakota Secretary of State at: http://www.sdsos.gov/electionsvoteregistration/ upcomingelection_2006BQExplanations.shtm (remove space), accessed 09/22/06.