On August 11, the Eighth Circuit struck down South Dakota’s February petition deadline for initiatives.  Dakotans for Health v Johnson, 25-2940.  The vote is 2-1.  The majority opinion is by Judge Raymond Gruender, a Bush Jr. appointee; and is also signed by Judge Jane Kelly, an Obama appointee.  The dissent is by Judge James B. Loken, a Bush Sr. appointee.

The decision upholds the decision of the U.S. District Court, and is based on a 2023 Eighth Circuit decision that struck down the deadline of November in the year before the election, SD Voice v Noem.  Judge Gruender participated in that decision also.  The majority believes that it is a curtailment of the First Amendment to fence out large areas of the calendar in which it is impossible to circulate initiative petitions.  This is actually clearer if one reads the 2023 decision, than today’s opinion.

The dissent in today’s opinion says the deadline is needed by the state to give it more time to determine if the initiative has enough valid signatures and that there was no fraud in the petitioning process.  Here is the decision.