Amendment W Overrides Constitution – Grows Government – Allows Unlimited Rules

Amendment W Overrides Constitution – Grows Government – Allows Unlimited Rules

South Dakota Retailers Association  

Vote No on W logoNOTE: On October 4, SDRA Will host a free webinar explaining Amendment W and why it's wrong for South Dakota. The webinar starts at 10:00 a.m. Central Time.

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A growing coalition opposing Constitutional Amendment W is warning that its passage would grow government and saddle citizens with a powerful, unrestrained ethics tribunal.

“Amendment W adds an entirely new Article to the South Dakota Constitution that claims to be superior to all other Articles of the existing Constitution.  It creates an unelected ethics tribunal that has the power to pass rules that cannot be altered by any other branch of government and that may not be referred to a vote of the people as are laws passed by the legislature,” said David Owen, chairman of the W is Wrong coalition.

“This new tribunal will have the power to adopt rules that deal with many subjects including “conflicts of interest” for elected officials and all public employees.  The tribunal could adopt rules that require all public employees, including teachers and law enforcement officers, to make public their federal tax returns.  Elected officials could be included as well.  And businesses holding public contracts could be forced to disclose their financial statements, ownership structure and private details of family members that don’t even have a financial tie to the business – rules have been voted down in the past by South Dakota voters.  Once adopted by the tribunal, there is nothing that can be done to alter or stop that rule from going into effect,” Owen said.

Owen added that the ethics tribunal will only have to hold public hearings to adopt the rules. There is no review by elected representatives, the rule cannot be referred to the voters and a court challenge would have no basis because Amendment W claims to have control over every other provision of the constitution.   The only way to change the actions of the non-elected ethics board is return to the voters for a statewide vote.  Amendment W is too poorly written and confusing, over rides the entire constitution and gives too much power to an unelected board.

Amendment W is Wrong – Vote NO on Amendment W.

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