Pat Powers and the South Dakota Republican Party continue to scream about Burt Elliott's questionable residency status. I continue to find the question of where we allow a citizen to register to vote practically and Constitutionally important: should the Schoenbeck argument that Elliott committed perjury by declaring District 3 his voting residence also convict the thousands of full-time RVers and college students who spend a majority of the year somewhere other than the address on their voter registration cards?

Enter former Powers patron Jason Gant, our Secretary of State. He says as far as he's concerned, Elliott has committed no foul:

The facts are simple. Elliott’s longtime residence is south of Aberdeen near the intersection of South Dakota Highway 10 and 137th Street, a house that sits within the boundaries of District 2, but not far from the boundaries for District 3. Legislative district boundaries were redrawn after the 2010 census and before the 2012 election. When Elliott filed his petition as a District 3 representative, however, an Aberdeen address in the 1700 block of South Fourth Street address was listed.

It’s an address that matches with Elliott’s voter registration, and Secretary of State Jason Gant said in order for a candidate’s petition to be valid, his or her address on the petition must match the address on his or her voter registration card. The candidate’s petition must also have the appropriate number of valid signatures.

Since Elliott’s petition met those requirements, Gant said, he was certified as a candidate.

“Everything is accurate based on that,” said Gant, a Republican.

If there’s a desire to pursue the legality of the issue, Gant said, that issue would have to be challenged in court [Elisa Sand, "Secretary of State: Elliott Residency Valid," Aberdeen American News, 2014.10.26].

Hmmm... when Secretary of State Jason Gant validated a nominating petition of a Republican Powers liked, Powers was more than happy to trumpet that candidate's propaganda. Powers also poo-pooed further court challenges, telling those he called axe-grinders to settle for changing statute next session. But now faced with his pal Gant's validation of a less-favored Democrat's petition and with the argument from the Aberdeen American News editorial board that Elliott's opponents should settle for changing voter registration laws in the 2015 Legislature, Powers goes purple with rage. He misportrays the editorial, elides Secretary Gant's reasoning, and just goes on shouting, impervious to the fact that law and his patron are not on his side.

District 3 voters are now well aware of Elliott's residency situation. Elliott has a right to be on their ballot, and they have a right to elect him and send him home, wherever home may be. Legislators upset by Elliott's opportunity should start crafting their voting-rights reform bills for 2015... and prepare to be watched closely by students, RVers, and all of us interested in ensuring the right to vote of every person who calls South Dakota home.

23 comments

To make your raisin bran soggier, here is the East River Concerned Citizens postcard attacking Rep. Kathy Tyler:

East River Concerned Citizens attack postcard (front), October 2014

(click to embiggen!)

East River Concerned Citizens attack postcard (back), October 2014

(click to embiggen!)

ERCC PAC boss Spencer Cody continues the lie he began last March of calling Rep. Tyler a liar for daring to disagree with him on policy. Cody's own card is filled with lies:

  • Rep. Tyler actually voted for 2014's HB 1162 both times it came before the full House during the 2014 session. HB 1162 became law. The amendment for which Tyler voted on the House floor still said sex-selective abortions are wrong and against state policy.
  • 2014's HB 1180 did not require neutrality of "Pregnancy Health Centers." HB 1180 excluded organizations that provide adoption and/or abortion services from offering the state-mandated counseling. Pregnancy health centers are not neutral: state law empowers them to actively discourage abortion.
  • 2013's HB 1237 did not fix a loophole. Pre-1237, South Dakota's oppressive 72-hour waiting period was consistent for every woman seeking an abortion. HB 1237 created an exception forcing women to wait even longer if the waiting period included a weekend. The bill was a blatant ploy to punish women even further for seeking an abortion by maximizing the economic impact of having to take off work from regular shifts to seek this constitutionally protected medical procedure.

Given all these votes on the record, Rep. Kathy Tyler would appear to be perfectly "candid" and "up front" about her positions. Cody is implying that Rep. Tyler is a liar when she clearly is not... and when his own propaganda falls far from candor.

52 comments

Here's one sign that Democrat Robin Page may beat Phil Jensen out of his District 33 Senate seat:

Campaign signs, one block west of Pennington County GOP HQ, West Main St., Rapid City, SD, 2014.10.22.

Campaign signs, one block west of Pennington County GOP HQ, West Main St., Rapid City, SD, 2014.10.22.

This photo comes from one block west of Pennington County Republican headquarters on West Main Street in Rapid City. We see the expected Republican signs for Daugaard, Rounds, Krebs, and Gosch. But we see no sign from the GOP incumbent Senator Jensen. Representing District 33 is Democratic challenger Page.

Remember that Senator Jensen drew disdain from his own party last spring for his hangup on social issues and his awkward commenters on racism. Senator Jensen only narrowly survived a primary challenge. Page is now working hard with direct mail and door-knocking to put Jensen out of a part-time job.

This vacant green hosts a couple other non-Republicans amidst the usual conservative suspects. District 34's GOP Rep. Dan Dryden has his sign up, but instead of fellow Republican Jeff Partridge, we find Democratic candidate Steve Stenson advertised. And from District 35, we get the strange mix of Tea-flavored spokesmodel Lynne Hix-DiSanto and Democrat Dave Freytag, with no visible sign from incumbent GOP Rep. Blaine "Chip" Campbell.

One would think every Republican in the neighborhood would want to get his or her name up next to the party leaders on that street and crowd out those pesky Democratic interlopers. But it could be that the Republican sign-minders down the street are sending a message to Jensen in tolerating Page's challenge.

38 comments

District 28 Senate candidate Rep. Betty Olson (R-Prairie City) earned herself some media attention this week. It seems only fair that we give her opponent in the Senate race, Parade Democrat Oren Lesmeister, a little air time.

Hat, cattle, and mustache—Oren Lesmeister, Democratic candidate for District 28 Senate

Hat, cattle, and mustache—Oren Lesmeister, Democratic candidate for District 28 Senate

Lesmeister runs Fox Ridge Ag Supply in Parade, Dewey County, on the Cheyenne River Indian Reservation east of Eagle Butte. He also raises wheat, sunflowers, corn and cattle on his patch of the high plains. He spoke to me Thursday from a motel room in Belle Fourche, about 150 miles from home. District 28 covers more territory than any other legislative district in the state: all of Dewey, Ziebach, Corson, Perkins, and Harding counties, most of Butte, and the northeast corner of Meade—14,700 square miles, almost a fifth of South Dakota, with about 3% of the state's population. He drove 235 miles just the preceding evening

That's sparse country to be out rustling up votes, but Lesmeister says campaigning is an "absolute blast," even for a Democrat campaigning in what Betty Olson's representation makes clear is hard right Republican country. Lesmeister reminds us that he comes from the eastern, reservation side of District 28, which leans Democrat. But even on the western side, where he says he gets skunk eye over that D in front of his name "every day," Lesmeister says he has great conversations with very "receptive" voters.

What do they talk about? Education funding comes up. Lesmeister says his school district, Eagle Butte, comes out better than others, since it receives a fair amount of impact aid from the federal government to make up for tribal land that doesn't pay property tax. But he looks around at the sprawling, far-flung school districts of District 28 and sees the state's "broken" funding formula failing to meet their needs. Lesmeister says we need more money for schools, but he's not proposing new taxes. He first wants to look at the hundreds of millions in sales tax exemptions as well as economic development handouts to corporations as sources of revenue to bolster our schools.

Lesmeister does talk taxes with his neighbors, particularly the agriculture productivity tax. In 2008, South Dakota revised its property tax to assess ag land not on the basis of land sale and rental values but an Olympic average (eight years, drop high and low) of crop prices and yields for comparable land. Lesmeister says that taxing ag land based on the corn or hay it could have produced according to past averages of neighbors' activity is like taxing a 40-story building for 200-stories: you could have built a taller skyscraper, so we're going to tax you as if you had!

Replacing that tax methodology is tricky, and Lesmeister wants to have more conversations with experts, but he'd rather return to assessing land on sale and rental value than keep the current system. At least with land sale prices, says Lesmeister, we're dealing with real numbers.

In general, Lesmeister says, the best tax reform would allow everybody to pay less. But he recognizes that we've got to pay for what we need. Nowhere is that tension more apparent than in road funding. He admires the efforts of Senator Mike Vehle (R-20/Mitchell) to find money to improve our roads. He praises Senator Vehle for pushing people to get beyond griping and propose real solutions. Lesmeister says the ugly reality is that federal funding will dwindle and that state and county governments will have to pick up more of the tab for getting from Buffalo to Timber Lake.

Lesmeister says we could take some of the pressure off our highways by expanding railroads. He doesn't favor state ownership, but he would support incentives for private industry to build more rail shipping capacity.

Lesmeister does not support the Keystone XL pipeline. He says laying pipe across South Dakota to ship North American oil out to the global export market doesn't do South Dakota a bit of good. He challenges the assertion that running against Keystone XL will do in Democrats; in his district, the tribes are strongly opposed to the pipeline, and folks in Bison and elsewhere along the Keystone XL route don't say much nice about the pipeline to Lesmeister. (Remember: Betty Olson thinks Keystone XL is just peachy, as do far too many other South Dakota legislators.) At the very least, Lesmeister says we should learn from examples in Wyoming and North Dakota and not let Big Oil walk all over us.

Lesmeister also talks Medicaid expansion with his District 28 neighbors. He says South Dakota will eventually accept the money being offered under the Affordable Care Act to cover low-income South Dakotans. We have to, says Lesmeister, in part to make up for the $14 million he says we'll lose in the coming year as our increasing state income lowers the federal aid we qualify for under existing Medicaid rules.

Lesmeister recognizes the need for economic development in his big corner of the state, on reservation and off. He says the major challenge to creating jobs in District 28 is not lack of workers or skills; contrary to certain prejudgments, Lesmeister says his neighbors on the Cheyenne River Reservation want to work. Simple geography makes it hard to lure businesses: Eagle Butte and Lemmon are a long way to ship inputs and outputs. Economic development needs to focus on improving and maintaining the infrastructure necessary to connect West River businesses to their suppliers and customers. Lesmeister says Northern Beef Packers would have been a great project to build in his neighborhood, given that it could have relied on local supply. (Hmm... EB-5 to benefit the reservations... don't forget that idea!)

I mention women's issues to Lesmeister, and he focuses on legal protections against domestic abuse and sex trafficking, an issue of particular concern for reservations near the proposed Keystone XL construction camps and the man camps of the Bakken oil fields in North Dakota. He doesn't propose new laws; he says we can protect women sufficiently by stepping up our enforcement of laws already on the books.

As for abortion rights, Lesmeister says he as a legislator should never decide such issues. He says he would resist legislative efforts to further curtail women's reproductive rights. "It's too big of an issue" for the Legislature to decide, says Lesmeister; any abortion legislation should go straight to the ballot so all South Dakotans can vote.

Lesmeister wants to talk about these issues and everything else on voters' minds right through Election Day. He invites his neighbors to give him a shout via his Facebook campaign page and his campaign phone (605-365-6856—yup, he said I could publish that). Ping him, ring him... Oren wants your thoughts and your vote on November 4!

4 comments

Among other things I discovered on my visit to Brookings this weekend was this letter to the editor in the September 27, 2014, Brookings Register, in which Rep. Mark Mickelson (R-13/Sioux Falls) and Sen. Larry Lucas (D-26/Pickstown) praise Senator Larry Tidemann (R-7/Brookings) for his "fair and non-partisan" chairmanship of the Government Operations and Audit Committee:

Letter to the editor, Brookings Register, 2014.09.27

Letter to the editor, Brookings Register, 2014.09.27

Contrary to recent Democrat [sic]* Party advertisements, Senator Tiedemann [sic]* has chaired the GOAC committee [sic]* in a fair and non-partisan manner and he should be commended for doing so [Rep. Mark Mickelson and Sen. Larry Lucas, letter to the editor, Brookings Register, 2014.09.27].

Rep. Mickelson and Sen. Lucas challenge an ad placed in the Brookings paper by the South Dakota Democratic Party criticizing Sen. Tidemann for refusing to subpoena EB-5 czar Joop Bollen and encouraging Brookings voters to ask their senator to work harder to get answers about the growing and costly EB-5 scandal.

Senator Lucas's participation in this letter provokes head-scratching. Senator Lucas submitted an important document and hefty folder of evidence to GOAC at its September 24 hearing laying out the known details of the EB-5 scheme and a number of questions that Chairman Lucas's refusal to subpoena Joop Bollen has left unanswered. Senator Tidemann's only defenses for his refusal have been the silly assertion that he's trying to avoid a media circus and the false assertion that Bollen's promised written answers will be as good as in-person testimony. (The Aberdeen American News says Mike Rounds's mulligan request shows that in-person testimony beats written answers.)

Yet Senator Lucas says the very stonewalling that his September 24 document tries ot overcome shows "fair and non-partisan" leadership.

I have no explanation for Senator Lucas's positioning here. Perhaps guys named Larry just have to stick together. But I am very curious to hear your explanations.

*Sic 'em, Fido!

  1. "Democrat Party" is an incorrect name for the Democratic Party, usually a pejorative shortening used by Republicans.
  2. The Senator spells his name Tidemann. The Democratic Party spelled it correctly in their ad.
  3. GOAC stands for Government Operations and Audit Committee. "GOAC committee" is redundant.
39 comments

Mike Rounds, are you really this bad of a candidate?

Rounds... said in written statements to the Government Operations and Audit Committee last week that “the governor’s office was not served” with lawsuit papers regarding the state’s handling of the EB-5 program.... Rounds, a Republican, was governor at the time of some of the program’s mismanagement.

But Rounds on Thursday sent a letter to the head of the committee asking for permission to change his original response hours after the Rapid City Journal posted on its website a summons showing that Rounds’ office was served with papers pertaining to the lawsuit in July 2009 [links mine; "Rounds Says Wrong Information Sent to Panel Investigating EB-5," AP via Aberdeen American News, 2014.10.03].

Are you kidding me? You have the longest-running, best-funded statewide campaign in South Dakota, you get caught in a lie, and you whimper, "Can I change my answer?"

Rounds is running an Annette Bosworth campaign. He seems to be running on charisma, thinking he can just turn on the charm and make everyone think he's sliced bread. He's not used to people asking him questions, let alone having to answer questions honestly and in detail.

When Rounds received the committee's questions last month, he could have racked his memory and looked up the facts. Rounds could have called Nila Novotny—she still works for the Governor's office—and asked her to check the records. Rounds could have had his lawyer and a couple campaign researchers review his GOAC answers for accuracy. Rounds could have done his homework, gotten his facts straight, and given GOAC the accurate answers they deserve.

Instead, Rounds ignored basic fact-checking and focused all of his energy on writing lengthy political snark into his answers. Rounds wrote as if the inquiry were just another campaign event and not a serious request from a Legislative committee for simple, factual responses. Rounds wrote as if he could just say whatever popped into his head because he's a wonderful guy and no one would dare contradict him.

And now Rounds has to contradict himself. Mike, what kind of a campaign team do you have that lets you get into situations like this?

28 comments

If I were looking only at the Internet, I would assume that Senator Phil Jensen isn't really trying to stop Robin Page from taking his District 33 Senate seat.

But Phil does look good in that mustache... (photo from Jensen for Senate website)

But Phil does look good in that mustache... (photo from Jensen for Senate website)

Consider Jensen's campaign website: he doesn't to appear to have updated any content on the page since 2012. He certainly doesn't mention his marquee legislation from 2014, his absurd and embarrassing attack on LGBT civil rights. He certainly doesn't talk about his laughing acceptance of his hypocrisy on drug-testing and his GOP-rejected tolerance of the Ku Klux Klan. (Interestingly, Jensen's Tea-soaked "Interesting Links" page disses the SDGOP by offering a link labeled "South Dakota Republican Party" that actually takes clickers to the website of an anonymous splinter group that starkly criticizes the main party.)

Consider Jensen's campaign Facebook page: since his primary victory on June 3, Team Jensen has posted one announcement, an August 15 call for volunteers to bring "unicycles... goats, chickens..." to the Central States Fair parade.

"We deserve better," says this Robin Page supporter. Photo from Page for 33 Facebook page.

"We deserve better," says this Robin Page supporter. Photo from Robin Page for District 33 Senate Facebook page.

Meanwhile, Robin Page's Facebook page is bubbling with updates and photos of the Democratic candidate working crowds, chatting up her party leaders and fellow candidates, having fun, and rallying her supporters to action. Page also points out that while she's out stumping, Jensen is hiding. She says Jensen declined an interview with the Rapid City Journal and skipped a forum with important civic groups like the local Chamber and Home Builders Association.

As noted by Seth Tupper, Page is running as the anti-Jensen, not just on issues, but on campaign style. Page is using Jensen's own lackluster campaign funding as proof of his declining support. In a campaign graphic, Page shows that Jensen's campaign fundraising has steadily declined over the last four elections as his radical positions have become better known. This graphic claims that, after raising over $18,000 to get into the State House in 2008, Jensen this year hasn't been able to raise more than $3,000:

Image from Robin Page for District 33 Facebook page

Image from Robin Page for District 33 Facebook page

We won't have campaign finance reports to verify Jensen's poverty or compare Page's campaign cash until later this month. But if Jensen continues to keep such a low profile, it wouldn't be surprising if Page surpasses him in cash and votes.

80 comments

Hey, Burt Elliott! Pat Hale! You're paying attention to this letter to the editor in the Aberdeen paper, right?

Ed Fischbach of Mellette notes that Senator Al Novstrup (R-3/Aberdeen) was all about open records when the James River Water Development District stonewalled him. Fischbach thus finds it puzzling that Novstrup, who is now running for District 3 House, isn't fighting to open records in the EB-5 scandal:

Now there is an EB-5 scandal that is bigger than life in his own legislative district, and we don't hear a peep out of him. The EB-5 scandal has no-bid contracts, no open records, no accountability, pending lawsuits against the state involving upwards of $147 million, and he says nothing. The handling of EB-5 money in this state has everything that Sen. Novstrup complained about when he went after James River Water District and more, but this open government and open records legislator is now silent.

You won an award, Sen. Novstrup, so start demanding records and accountability from Mike Rounds, Dennis Daugaard and other state officials just like you did from James River Water District. Or, return your award [Ed Fischbach, letter to the editor, Abderdeen American News, 2014.09.21

Senator Novstrup hasn't been entirely silent on the EB-5 scandal. Last December, he agreed with the need to look into affairs in the Governor's Office of Economic Development, but he didn't sound terribly eager to do so, or to expand the scope of any investigation to look into local EB-5 failure Northern Beef Packers:

...[T]o Sen. Al Novstrup, R-Aberdeen, seeking a special session less than three weeks before the start of the regular session seems like a waste of money. If it’s needed, extra digging can be called for once the session begins in January.

One thing the state doesn’t have the authority to do is scour the finances of Northern Beef. It’s a private company, and even if there were fraud, the Legislature wouldn’t have that power, he said.

With EB-5 being a federal program, it seems appropriate that Johnson, a federal prosecutor, is looking into what happened, Al Novstrup said. But, he said, the Legislature can take a look at whether the state’s contract with the SDRC to do EB-5 work was properly followed. If it wasn’t, there might be penalties the state can impose, he said [Scott Waltman, "More Answers Wanted: Area Lawmakers Call for More Investigation of State Economic Development Efforts," Aberdeen American News, 2013.12.15].

Open-records crusader Novstrup certainly isn't among those calling now for Novstrup's neighbor Joop Bollen to testify under oath about his questionable profiteering as the state employee in charge of EB-5 from 2004 to 2009.

Elliott, Hale, Tornberg, Nelson, Page, Nordstrom, this is how you tune the EB-5 scandal to your local legislative races. Ask your Republican incumbents why they aren't fighting for more answers about a scandal that may have cost this state more than Mike Rounds's structural deficit. Ask your Republican incumbents why they aren't asking who knew what was happening in the Governor's Office of Economic Development and when they knew it. Don't let them hide behind their reheated stammerings of "But EB-5 is federal!" Legislators' willingness to investigate or ignore the apparent corruption in our state's economic development program raises a fundamental question of character that every candidate should answer this fall.

5 comments

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