Eighth Circuit Court of Appeals at the Thomas F. Eagleton Courthouse on 111 South 10th Street, St. Louis, MO. Credit: Google Eighth Circuit: S. Dakota's 1-Year Filing Deadlines for Ballot Initiatives Violate First Amendment
The Eighth Circuit has affirmed the grant of a permanent injunction against the enforcement of South Dakota's one-year filing deadlines for submitting petitions to initiate state statutes and to amend the state's constitution, holding that both statutory deadlines violate the First Amendment.
March 08, 2023 at 06:18 PM
5 minute read
Analysis
The Eighth Circuit has affirmed the grant of a permanent injunction against the enforcement of South Dakota's one-year filing deadlines for submitting petitions to initiate state statutes and to amend the state's constitution, holding that both statutory deadlines violate the First Amendment. But the Eighth Circuit reversed the district court's creation of a new, six-month filing deadline and remanded with instructions to modify the injunction accordingly.
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