by Stacey Steinhagen
KDLT-TV
Sioux Falls, South Dakota
September 19, 2008
With the election a matter With the election a matter of weeks away, debate is brewing about Initiated Measure 10. The measure would restrict political donations by people with some state contracts, ban government-funded lobbying, and require the government to create a website listing all state contracts.
Supporters say it prohibits taxpayer funded lobbying while others argue it tramples their freedom of speech. A recent 30 second ad, sponsored by the group opposing measure 10, is being challenged by those supporting the measure. KDLT’s Stacy Steinhagen checks the facts.
Miller public school teacher Ellen Iverson is the subject of the ad. In it Iverson calls initiated measure 10 a gag law.
Ellen Iverson says “I won’t be able to visit with our school board members, our legislators. I won’t even be able to visit with my husband about county issues.”
Iverson’s husband is Hand County Commissioner Jim Iverson. Those who have a problem with measure ten say that in her role as a public employee in the Miller School District she cannot lobby, even to her husband.
David Owen, who is the president of the South Dakota Chamber of Commerce, says “Even as an unpaid person exercising her individual rights, she can’t be representing somebody, she can’t be directed by them. I can’t figure out how somebody could have the same agenda as the school board or school administrator or somebody else and not look like they’ve been directed.”
But the group South Dakotans for Open and Clean Government–in vocal support of measure ten—have two problems with the ad. One: it never names Iverson’s husband or the fact that he’s a county commissioner, which is true. And second: the measure’s proponents say language in the measure in no way restricts hers or any government employee’s constitutionally-guaranteed right as a citizen to discuss anything she wants with her school board members, her legislators and, of course, her own husband.
Dena Espenscheid, SE Regional Coordinator for the Yes on 10 Campaign, says, “Unless the school board is paying her to talk to her husband, she’s not breaking the law. But when the school board walks up to her and says here’s some money go talk to your husband, that’s a problem because your tax dollars should never be paying for lobbyists or political campaigns…We’re not saying public employees can’t go out and lobby and campaign. We’re just saying that they need to do it on their own time on with their own money.”
In the attorney general’s description of the initiative, it says if passed the measure will likely be tied up in court since it involves constitutional issues.
In fact, the measure specifically says a public employee acting in an uncompensated personal capacity is exempt.
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While Augustana government Professor Brent Lerseth says the initiative is fairly clear he does says one question needs to be addressed for voters about a teacher’s right to speak.Lerseth says, “Does she have to be very careful not to mention she’s a teacher when she’s talking about political issues?”
Lerseth says it will be interesting to see future ads on Initiated Measure 10, and see if voters can get a grasp of it and decide for themselves before the issue is staring them down inside the polls.
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