After criticizing Secretary of State Jason Gant for not including opposition statements to the four constitutional amendments on the November ballot in the election guide, state Sen. Stan Adelstein has filed a lawsuit trying to force Gant to include them.
Adelstein v. Gant was filed this morning in Hughes County, and focuses on Amendment P, the balanced budget amendment, which Adelstein opposes.
The suit asks Gant to:
- recall all public information related to the amendment
- re-issue that information with an opposition statement drafted by Adelstein
- immediately include that opposition statement on his website
- issue a news release “correcting the false and erroneous information created by his office that there are no opponents statements to Amendment P”
Adelstein is represented by Rapid City attorney Patrick Duffy in his suit.
“I believe I have followed the law to the fullest extent,” Gant said in an email statement. “The next step is now with the court.”
Adelstein said he has some worries about the thousands of voters who have already cast ballots with the old voter guide, but said the important thing is to get it right for as many voters as possible.
“I’m concerned,” Adelstein said. “But there are hundreds of thousands of voters yet to vote.”
A tentative hearing has been set for this Friday at 12:30 p.m. in Pierre under Judge Mark Barnett.
This story has been updated to include comments from Gant and Adelstein.
Here’s Adelstein’s court filings: