Guess what other proposed issue on the ballot the AG said might subject the state to a lawsuit: Amendment E (and that stands for Extra Litigious)
One of the commenters noticed that the AG also provided his opinion on Amendment E. I'm not going to say this one was written in a tongue-in-cheek manner, but some of the assertions are so ludicrous, they're laughable:
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 volunteers 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 volunteers. Volunteers are drawn from those who submit their names and registered voters.
The proposed amendment is retroactive. The volunteers 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.
Full Text of Constitutional Amendment E: View full text of petition.
The sad thing is, it might be funny if it wasn't so true. "The proposed amendment to the State Constitution would allow thirteen volunteers 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 volunteers." AS DEFINED BY THE VOLUNTEERS. That alone should scare the pants off of any South Dakotan (at least those who prefer not to prepare for rising up for a domestic war by posing with masks and assault rifles).
And the goofiest part, it's completely retroactive. Forget prohibitions against ex post facto laws ("after the fact" for the latin impaired, such as I) "The volunteers may penalize any decision-maker still alive for decisions made many years ago."
A former county commissioner could be 102 years old, living in a nursing home, and someone with a burr under their saddle could haul a drooling shell of a man in on his hospital bed because he didn't like the way this person drew county voting precincts sixty years ago.
Sound farfetched and maybe funny? Don't laugh. It's scary, and it is so because it's the truth.