UPDATE: City Clerk responds, nothing to see here, move along.
Dear Bruce — In response to your letter dated 3/31/14, I apologize for not meeting your two-hour deadline after your unannounced visit on 3/31/14. I was out of the office all afternoon on election business. Thank you for voicing your concerns.
In reviewing your concerns regarding Initiated Measure 2, with the stated completion date of “December 15, 2015†rather than “December 31, 2015,†I have determined that this transcription error in the exact day of the month of December is not material to this ballot issue. The month and year are correct and reflect the intent to have this project completed by the close of the 2015 budget year. As you are aware, construction season in South Dakota closes about the first week of November. If the voters approved an outdoor pool, it would realistically need to be completed by early November 2015, in advance of any day in December, 2015. The material specifics of the proposal, including “ . . . shall be constructed for not more than $7,500,000 . . . “ and the size limitations stating, “shall not exceed the size of the new swimming pool complex, including parking, by more than 20 percent†are correct.
We apologize for this error, but again, it will not affect the expression of the will of the voters on the merits of this issue.
Sincerely,
Lorie Hogstad, CMC
City Clerk
Mr. Danielson asked for a formal explanation today in a letter to the City Clerk’s office, to which they have not responded.
It would seem to be a violation of state election laws since a date is wrong (not just a simple misspelling).
How did this happen?
It certainly probably wasn’t the print shop that printed the ballots that messed this up, since the ballot measure brochures also display the wrong date, and they were printed BEFORE the ballots.
Some would say the 15 days doesn’t really matter, but you also have to realize that the petition language is prepared by an attorney, people sign the petition based on this language, and the language states December 31.
What’s the fix?
They could postpone the entire election and print new ballots. They could also move forward with an election next week, and tell voters that the pool issue is null and void and will be postponed to the next election.
Not sure. I am not an attorney for election law. Not sure what the options are or who is even at fault, but many fingers are pointing towards the city attorney and city clerk. Some that knew about this are asking if ‘it was intential’ to have an excuse to invalidate the ballot issue after the election. Seems far-fetched. I’m on the side of incompetence. Just look at what happened in the auditors office last week (BTW, Central District Council Candidate Rebecca Dunn will be addressing the county commission tomorrow morning at 9AM at the regular meeting about the absentee flub).
Some would say the ‘typo’ mistake should have been caught in the public review period. HA! HA! Unlike the state elections, the city had NO public review of the ballot language before printing. In fact the city clerk FLAT OUT refused to allow representatives from the different petitions review the ballot language.
Nice move.
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But the date isn’t the only error on the ballot. The snow gate language is also misleading, and the city attorney was made aware last week about it, and refuses to remedy it.
ACTUAL PETITION LANGUAGE;
Snow gates are discretionary upon the declaration of a snow emergency on routes that have been declared snow emergency routes.
CITY ATTORNEY’S EXPLANATION (CONVENIENTLY NEXT TO THE VOTING SPACES);
Snow gates would not be used on streets designated as emergency snow routes.
So which is it? You would follow the petition language and use them on emergency snow routes when you can (the intent of the language) or you just do what you want?
So incompetent.
You’ll e shocked I suppose – to know that I agree. There is no excuse for this incompetence. This is simple grade-school stuff.
Wow you really have nothing better to do then waste the taxpayers time and money do you!
That’s sloppy. That said, the remedy isn’t complicated.
Sticker over any absentee ballots that go out henceforth. Meanwhile, they can reprint the ballots for election day or sticker over those as well.
Mail new ballots to those who have received absentee ballots with direction that they complete the new ballot. Segregate the affected ballots. Count the corrected ballots separately. If the number of misprinted ballots is less than the margin of the corrected ballots on election night, then the misprint issue is moot. If it’s not, then you’re probably looking at a legal argument over whether the error is significant enough to cause reasonable people to cast their vote differently.
You all don’t honestly think this a big deal do you? December 15, instead of December 30.. Agreed, it’s pretty damn sloppy, but is it significant? Are people voting differently because of it?
Hornguy, your label remedy sounds wonderful but it cannot work for multiple reasons.
First off, the entire ballot is tainted. It cannot be used. It destroys the sanctity of the ballot. A ballot with a known problem cannot be used.
You cannot mark a ballot, a sticker or label is marking the ballot.
We have ES&S vote counting equipment, a label would destroy the equipment. I have watched the equipment run, I have been an election judge.
Can you imagine the labor necessary to place labels correctly on the ballot without a problem?
The only remedy is a postponement of the election until the ballots are redone. Any other remedy chosen will put this into State and Federal court.
See… people other than Jason Gant can mess up ballots and elections. Apparently these types of mistakes happen at all levels.
Is this really a big deal? Not really – the impact to the vote is trivial unless you wish to argue semantics. A two week adjustment to a construction schedule doesn’t really have any impact upon the actual vote and it surely won’t be responsible for swaying the vote one way or another.
I just hope people don’t make this an issue if the vote doesn’t go their way. Now that WOULD be a waste of time and tax dollars.
What’s wrong here is if the election goes the way the city wants, it’s final. If it goes the way they don’t want, it’ll be contested.
I hear L3wis chose not to run for council or mayor because he’s going to run for governor … APRIL FOOL
Anonymous_LoveIT: If I interpret your message correctly, you believe an effort to hold elected officials & municipal employees to a high standard of ethics & service is a waste. I suggest you try Crimea on for size – most of their population appears to have a blind trust in Soviet government. How’s that working out for them?
Sullivan how I interpret your message is look for any excuse to complain about elected officials and be a sheep and follow this Bruce Mr Integrity.
I may not agree with every elected official but someone has to protect us against false leaders like this Bruce. If you believe he has “Integrity” I dare you to go look into the neighborhoods he ruins! Dont believe me ask him how many citations and violations he has. This is why he complains because decent citizens want standards of living and he has NONE!
For those following the Spring 2014 Election fiasco, here is the latest:
Dear Bruce — In response to your letter dated 3/31/14, I apologize for not meeting your two-hour deadline after your unannounced visit on 3/31/14. I was out of the office all afternoon on election business. Thank you for voicing your concerns.
In reviewing your concerns regarding Initiated Measure 2, with the stated completion date of “December 15, 2015†rather than “December 31, 2015,†I have determined that this transcription error in the exact day of the month of December is not material to this ballot issue. The month and year are correct and reflect the intent to have this project completed by the close of the 2015 budget year. As you are aware, construction season in South Dakota closes about the first week of November. If the voters approved an outdoor pool, it would realistically need to be completed by early November 2015, in advance of any day in December, 2015. The material specifics of the proposal, including “ . . . shall be constructed for not more than $7,500,000 . . . “ and the size limitations stating, “shall not exceed the size of the new swimming pool complex, including parking, by more than 20 percent†are correct.
We apologize for this error, but again, it will not affect the expression of the will of the voters on the merits of this issue.
Sincerely,
Lorie Hogstad, CMC
City Clerk
Just heard they are going to DO NOTHING to fix the ballot. City clerk said it doesn’t affect the ballot measure. The only problem though Lorie is that IT IS WRONG! And even if you choose not to fix it, you at least owe the public an explanation and who is at fault. This is what happens when you don’t allow the public to review the ballot.
I have seen Bruce’s house, the only nice house on the block. It’s a mansion in a sea of trashy ranch style beige homes. Sounds like Penis envy to me. Go drink another Old Mil and bitch someplace else.
The ballot is sacred in America. It is our chance as voters to hold our government accountable. If the city government does not perform as required under the basic laws so we have some feeling or guarantee of fairness, our system is dead.
The Initiative and Referendum are our last vestiges of direct democracy left.
We must not allow the system to be corrupted by ineptitude, ignorance or thirst of power.
Joesph Stalin in the good old USSR was reported to have said “You know, comrades,” says Stalin, “that I think in regard to this: I consider it completely unimportant who in the party will vote, or how; but what is extraordinarily important is this — who will count the votes, and how.”
How many of us are willing to trust our vote at this point?
Wouldn’t it be easier to reprint rather than try to explain your mistake. The prior city clerk would not have made this error and would have not accepted text be so different from petitions. There’s a problem here with incompetence and ethics worthy of a formal hearing.
Sullivan – there is no “Soviet Government”. Follow current events much?
My only comment on Bruce’s house, AND his neighborhood is “Beauty is in the eye of the beholder”.
But I believe he is in violation of at least one ordinance re: the right of way landscaping. It’s likely the neighbors have a few violations of their own as well.
Then again – he IS the one casting stones here.
Good Response From the City Of Sioux Falls! Only thing they did wrong was bother to respond at all!
Once again an example of wasted taxpayer time and money.
Wow… busting out a Stalin quote Bruce? I’d say your outrage meter needs calibration just a tad.
As I said in my first comment it is semantics and won’t impact the final vote. You can cry about sacred ballots and a corrupt system all day long, but you’re going to have to find a better example than someone getting the wrong date.
As Hogsted stated “it will not affect the expression of the will of the voters on the merits of this issue” and I doubt even you can argue that point, so why focus upon the trivial?
Oh wait – you’re the same guy who believes the city is acting unethically by posting signs offering pool passes for sale at the same location people can buy pool passes, so trivial is sort of your thing. In that case, keep on keepin’ on.
Wow quoting Stalin now Bruce! The true sign of a Dictator when you start quoting them!
Again people please don’t drink his Kool-Aid you will regret it when you find out the fraud he is!
This just in Bruce there will be an election next week!
One of the best written ballots I have seen in a long time. Simple and to the point.
I give our City Clerk praise for even bothering to respond to meaningless treats like this. You would think City Officials would have much better uses for their time then to bother to respond to theats without any merrit.
15th or the 31st it will pass or not pass. And an answer 16 days is not sooner than excepted would be a bonus anyway.
dusfusx: You’re apparently dumb enough to believe that Putin’s Russia is actually something other than a thinly disguised Soviet Union.
Hey, watch out – your other knuckles are dragging on the ground, too.
I have a problem with the wording of #4. The name of the business that is trying to bully into the area should not be on the ballot. It is about zoning — period — not construction or permitting. And the statement about how nothing could be built there is very misleading. Obviously a rezone would be accomplished at some point. At least the way the local media explains the result of rejecting the zoning is more accurate, which is amazing.
Horn Guy — Stickers would be a sloppy solution to a sloppy error. Gee, why not give it a try? To save labor costs, the stickers could be placed in the voting area so each voter can put their own sticker on if they are bothered by the glaring inaccuracy. Then let’s forget about the machine that counts votes and just do it by hand. It couldn’t take that long, could it?
Hey Sully – you know I tool two semesters of Russian Culture and History at USD back in the 70’s – no? I mean – I’ve actually STUDIED this stuff. You need to dig a little deeper into history.
Russia – PRE-Soviet era was also a regional bully – just like Putin is today. It’s part and parcel of the RUSSIAN culture. The Soviets were more reflection of RUSSIAN norms than modern Russia is a reflection of Soviet-era norms.
Pretty sure if Bruce or any other member of the NIMBY, anti-pool, anti-Wal-Mart crowd thought the election would go their way they wouldn’t be splitting hairs to this degree at the 11th hour.
Craig is correct, this doesn’t impact the sentiment of the vote at all. No one will be confused over a two week discrepancy. I hope Craig isn’t correct in that the groundwork is being laid for more lawsuits, which is exactly what this City doesn’t need.
The truth is we live in a dynamic, growing City that’s no longer the cow town we used to be. Other Cities would kill to have our stats and our level of national investment interest. The neighborhoods next to Dawley Farm haven’t gone to shit since HWY 100 and the east side Wal-Mart went in and as you will see there will be other businesses coming in behind WM that many in that neighborhood will like to see.
” It’s a mansion in a sea of trashy ranch style beige homes.”
Good for him, although like Bonita it’s never a good move to build a place 2-3x as expensive as the rest of your neighborhood unless you don’t give a crap about re-sale value.
This place gets crazier and crazier. Are your heads all going to explode when Huether wins by 10 and Walmart coasts to a victory?
hg, if that happens I’m sure we will be hearing accusations that the vote was rigged and that we can’t trust the system (in fact we have already heard those types of comments and the ballots haven’t even been cast yet). The outrage meter already is running well over normal levels… if Huether and Walmart win while snowgates lose who knows what might happen.
I’m going to say this statement now well in advance of the election because I feel it is important: The people are never wrong, and they aren’t stupid. Elections might not go the way we want them to and we might feel there is a certain amount of injustice in the world, but at the end of the day the people make the choice the people want. It would be an insult to suggest their voices shouldn’t count or accuse them of being ill-informed merely because we disagree with them.
If the people vote for Huether then so be it. If they vote for Jamison it is the same story, it should end there and we should respect the will of the people. Yes there are times that the people regret their decisions, but they were the decision made at the time, and we need to trust they are doing the right thing.
That said, I fully anticipate Walmart winning by a large margin, but I don’t expect SON to accept that as evidence they should drop their opposition. They have already suggested they have other legal alternatives so they will treat the voice of the people as nothing other than an advisory vote.