Governors-Elect Consider Cutting Drug Programs -- Why Not Legalize Pot

Florida's Republican Governor-Elect Rick Scott is cutting jobs in the Office of Drug Control created by former Governor Jeb Bush. South Dakota's Republican Governor-Elect Dennis Daugaard inherits from his predecessor a proposal to cut meth treatment programs.

I'll invite Mr. Newland to expound further. For now I'll just note that we could probably save a lot more in law enforcement and incracertation costs by legalizing marijuana. At least that's what televangelist Pat Robertson thinks.

Madison School Early-Vote Stacking Fine by Secretary of State

Vote now in the latest Madville Times poll:
How will you vote on Madison's $16.98 million new gym/high school renovation bond issue?
See right sidebar—poll closes Wed 8 a.m.!

Apparently my concerns about Madison Central School District's early-voting scheme are unfounded. Various Madville Times readers have contacted the Secretary of State's office to get the straight poop on whether our school district can...

1. deputize advocates of the school bond issue to hand out and collect absentee ballots,
2. conduct voting at basketball games and other school events, and
   
3. arrange early voting sites in workplaces at the request of employers.

According to Secretary of State Chris Nelson, all of the above are legit. One of my correspondents gets some more straight dope from Secretary Nelson's assistant, Kea Warne, whose responses to some specific questions about Madison's early-voting plans I summarize below:

1. Should Madison Central publish a list of early voting places and times? There is no statutory requirement for them to publish this document.
   
2. Will there be a voting booth to insure voter privacy? All voters (either voting in-person absentee or at the polling place on election day) must be provided a private area to vote (either voting booth or a table top voting booth).
   
3. What about folks wearing pro or con stickers/t-shirts at these school events? There cannot be any political material within 100 feet of any entrance to the location where absentee voting is being conducted.
   
4. How will poll watchers be arranged? Poll watchers have to be allowed to be present. A person who is wanting to be a poll watcher must identify themselves as such to the election board (on election day) or the business manager/staff conducting the absentee voting.

I still see problems here. Without a published list of early polling places, poll watchers can't find out where to go to observe the polling for irregularities. Whoever school business manager Cindy Callies deputizes to carry absentee ballots around town will need to carry a complete voter registration list and keep it synchronized with every other election deputy's roving list to ensure no one gets more than one ballot. We will also have a lot of ballots moving back and forth to different places in different pouches. The more moving parts to any system, the more chance there is for things to go wrong.

Workplace voting still strikes me as fertile ground for improper influence. When the boss waves a fistful of absentee ballots at employees on company time and says, "Hey! Who wants to vote for the school bond election right now?" there is bound to be some sense of pressure to vote.

And seriously: does anyone think it's fair to conduct a vote on a new gym in a gym while a basketball game is going on, while voters are surrounded by cheering fans clad in school colors? Madison High School is staging early voting at exactly those venues where they can implicitly say, "Look at the wonderful educational opportunities we provide for students. Can you really deny them a new gym and renovated classrooms?"

What's next? Should we allow Mike McDowell to invite the county auditor to ring absentee ballots to work for all of the Heartland employees the next time Senator Russell Olson runs for office? Should Scott Heidepriem get to arrange an early-voting site at his law office the next time he's on the ballot?

If that's just how the game is played, then so be it. But this early voting scheme is not about enfranchisement. It's about stacking the vote in the school's favor.

If incoming Secretary of State Jason Gant is worried about voter fraud, he should come to Madison to observe the most loosely conducted vote I've seen in this state.

Madison Fireman Guilty of DUI; Sentencing January

Remember Scott Johnson, the Madison fireman arrested in September for driving the firetruck drunk? His case provoked all sorts of awkward conversation and exposed some ugly attitudes about alcohol in our fair community.

But Johnson's case appears not to have provoked much controversy with the jury. Twelve of Scott Johnson's peers spent 40 minutes Wednesday deciding he was indeed guilty of DUI. Blood alcohol level of 0.098, putting public property at risk, violating public trust... not really any excuses, are there?

Judge Tim Tucker will decide how much of the book to throw at Johnson for drunkenness on duty on January 3.

So are you folks done being snotty to the Madison police yet?

Madison Central Violating State Election Law?

The more I think about Madison Central School District's proposed early voting scheme, the more uneasy I get. Beyond creating the awkwardness of voting on a new gym while surrounded by maroon-clad Bulldog basketball fans, the school district may be arranging early-voting that violated state election law.

The school district is offering four means of early voting in the upcoming bond election (I quote verbatim from their PDF):

• By mail
• At the business manager’s office in the high school at 800 NE 9th St.
• At many events and community locations prior to the election.
• Anyone who wishes to have early voting conducted at their business for their employees can contact the business office at 256-7710 for more information.

Vote by mail? No problem.

Vote at the school business office? Probably not a problem.

Voting at a school event? Problem.

Voting arranged by bosses for employees at workplaces? Big problem.

First, the school offers no reliable list of early-voting polling places. When and where exactly are the school events where voting will be possible? Will Cindy Callies have ballots on hand at every public event at the school? Or will the school district only break out the ballots at sporting events when they see lots of backers of the 2007 new gym project? Will the school avoid setting up a voting booth at, say, the public one-act performance in January, where they might encounter a number of arts supporters who feel the current $16.98 million plan still puts too much emphasis on athletics over academics?

Same with community events: when and where? Given South Dakota's overwhelming concern with protecting the secret ballot, perhaps a concerned citizen would want to observe the balloting to ensure voters' rights are protected. How can a poll watcher keep track of the voting if the school is doing it in undisclosed locations?

Arranging voting sessions at employers' requests at workplaces smells bad, if not worse. State law entitles employees to two hours off work to vote. Letting bosses arrange in-house voting skirts that requirement (mark your circles, then back to work, slaves!). Worse, it opens the door for all sorts of workplace intimidation: Imagine the boss walking in, saying, "O.K., who wants a ballot to vote on the school bond issue?" and then conspicuously noting with a scowl those who don't take a ballot, presuming to exercise their right to vote in private.

And imagine, just imagine, that employer were Madison Central School District. Principal calls a staff meeting, says, "Hey everyone! Cindy's here so you can all vote!" and hands out ballots.

I don't think principals Knowlton, Koch, or Walsh would do such a foolish thing. I hope every boss in town is that prudent. If employees want to vote, employees can request their absentee ballots individually or come to the polls on their own, on official leave as permitted by state law. Their bosses should have no involvement in their voting.

I support early voting and absentee voting. I support government efforts to get more people to vote.

But I also support following the spirit and letter of election law to protect voter rights and ensure complete fairness. The Madison Central School District needs to clarify and likely scale back its early voting plan to ensure its compliance with election law.

And remember, fellow voters: no Bulldog jackets at the polls.

Statute relevant to early voting in the school bond election:

• SDCL 12-18-1 requires that "All voting at the polling place shall be in private voting booths or compartments and, except as provided in § 12-18-25, shall be screened from observation."
• SDCL 12-18-3 says that, at a polling place, no one may "display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person or political party or position on a question submitted or which may be submitted."
• SDCL 12-18-9.2 authorizes and requires election officials and the cops to remove any materials violating SDCL 12-18-3 and arrest anyone committing such violations.
  
• SDCL 12-18-9 dictates that "Any person, except a candidate who is on the ballot being voted on at that polling place, may be present at any polling place for the purpose of observing the voting process." Rather difficult to do unless the school publishes a complete list of places, dates, and times where the voting process is taking place.
  
• SDCL 12-19-2.1 has a couple of goodies on absentee ballots:
• To get an absentee ballot, you "may apply in person to the person in charge of the election." That means one person, Cindy Callies, can legally hand you an absentee ballot. KJAM is reporting Monica Campbell will have ballots; I'm still looking for the statute that authorizes an "election assistant" to distribute absentee ballots.
• A third party can deliver an absentee ballot is if the voter (a) is confined "because of sickness or disability," (b) applies in writing, and (c) designates an authorized messenger to carry the ballot.
  
• SDCL 12-19-7.2 makes it a Class 2 misdemeanor for any authorized messenger to, "in the presence of the voter at or before the time of voting, display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person, political party, or position on a question submitted."
• SDCL 12-1-2 says that all of these Title 12 provisions "apply to township, municipal, school, and other subdivision elections unless otherwise provided by the statutes specifically governing their elections or this title." I haven't found any exceptions for school bond elections in Title 13.
  
• SDCL 13-7-14 says "Absentee voting shall be permitted in school district elections, including school district bond elections. The school board, with the approval of the county auditor and board of county commissioners, may permit absentee ballots to be voted at the county auditor's office in the county of jurisdiction."

MHS Bond Issue Early Voting Open! But Don't Wear Your Bulldog Jacket....

KJAM reports that early voting has begun in the $16.98-million new gym and high school renovation bond issue placed before us by the Madison Central School District. (Worth noting: one of KJAM's main media personalities, Matt Groce, is also leading a committee advocating passage of the Madison Central school bond issue.) The early voting information is also available (in annoyingly unnecessary PDF format) on the Madison K-12 website. (Who at MHS seriously thinks it's easier to publish a simple text notice as a PDF? What are you teaching those kids?)

The school is going to great lengths to make voting as convenient as possible. You can vote by mail or by dropping in to business manager Cindy Callies's office at the high school. Callies and Madison Education Foundation exec Monica Campbell will also have ballots handy "at many events and community locations prior to the election." Callies will even arrange to bring ballots to your place of employment so you can get all of your employees to vote.

Wait a minute. I'm all for universal enfranchisement. I'm all for absentee ballots. But voting at "school events" and other "community locations"? How do we arrange poll-watchers for this kind of everywhere, anytime voting?

This activity falls safely within the rules for absentee voting. I know in 2008 when I was out walking for Obama and other Dems, we could offer to deliver absentee ballots for interested voters.... Update: but as I review the Secretary of State's guidelines on absentee balloting, I am reminded that the only time we did that was in case of voters who were homebound by sickness or disability who would authorize a messenger in writing to convey their ballots.

But if the school district is organizing voting at events and workplaces, the school might want to take a look at SDCL 12-18-3, which governs electioneering and other conduct at polling places:

12-18-3. Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place--Violation as misdemeanor. Except for sample ballots and materials and supplies necessary for the conduct of the election, no person may, in any polling place or within or on any building in which a polling place is located or within one hundred feet from any entrance leading into a polling place, maintain an office or public address system, or use any communication or photographic device in a manner which repeatedly distracts, interrupts, or intimidates any voter or election worker, or display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person or political party or position on a question submitted or which may be submitted. No person may engage in any practice which interferes with the voter's free access to the polls or disrupts the administration of the polling place, or conduct any petition signature gathering, on the day of an election within one hundred feet of a polling place. A violation of this section is a Class 2 misdemeanor.

Read more relevant statute and cause for concern about Madison Central's early-voting scheme in my follow-up post on this topic.

I know the county courthouse takes the sanctity of the polling place seriously. I walked into the auditor's office once with a campaign t-shirt on. Absentee voting was going on in the office next door. The gals in the auditor's office immediately told me I had to cover up that shirt.

If the school district intends to establish polling places at concerts, ball games, and various workplaces around town, they had better ensure the integrity of the vote. If the school district is handing out ballots for people to mark at basketball games, they had better be on the P.A. system before the game alerting everyone that state law prohibits any discussion of the school bond election, pro or con.

Arguably, the school may have to ban Bulldog jackets, buttons, and signs at school events where voting is offered. If the "Vote Yes for MHS Committee" adopts any MHS logos or slogan for its campaign, if they adopt school colors maroon and gold for their advertising, then the presence of such school paraphernalia at polling places could well qualify as electioneering that could sway votes.

Open voting is great, but the school will need to work to assure the public its rolling polling places satisfy South Dakota election law.

------------------------------
Possibly related: I learn from Monica Campbell that Jon Hunter is getting into webcasting with live streaming video from Madison Bulldog home basketball games on the MDL website, starting Thursday night. No word yet on whether the school district has designed an accompanying Web widget that will let listeners vote on the bond issue electronically.

Yankton Businesses Want Heat on Smoking Ban Cheaters

Someone's being naughty in Yankton: several local business owners attended Monday's city commission meeting to urge the city to snuff out cheating on the smoking ban. The business owners allege that somebody in town is letting patrons smoke, in defiance of the clear will of the Legislature and the good voters of South Dakota. The complainants were too polite to name any cheaters, but the Press & Dakotan's Nathan Johnson reports complaints of smoking on the premises at Yankton's Tobacco Road.

The business owners think the $25 fine imposed by the new state smoking ban isn't harsh enough to deter some hardcore devotees of tobacco freedom. They want the city of Yankton to pass an ordinance that would impose additional fines or revoke the offending business's liquor license.

The city declined, saying it already has rules that allow it to deny liquor licenses to folks who engage in naughty behavior, including violation of state law. That makes sense to me: I'm all about not passing additional rules when existing rules can do the job.

I am a little disappointed, though, with Yankton City Attorney Dave Hosmer's lack of enthusiasm for enforcing state law:

City Attorney Dave Hosmer told the commission he has provided some advice to police in regard to enforcing the statute, alluding to the confusion that may exist as to whether such an establishment can allow smoking.

“If they are caught smoking in an establishment, and the officer can establish that the person was actually smoking, they will get a ticket,” he said. “If the person says, ‘I’m standing in an establishment which is exempt because it is a tobacco place or a cigar bar,’ I’ve instructed law enforcement that they should prepare a report and give it to the state’s attorney, who will then decide whether or not to issue a ticket.

“I don’t think that we should take the fault for a poorly drafted statute,” Hosmer added. “I think the State of South Dakota needs some better interpretation” [Nathan Johnson, "Smoking Ban Rules Questioned," Yankton Press & Dakotan, 2010.11.23].

"Poorly drafted"? Actually, SDCL 34-46-13 through 34-46-19 look pretty darn clear to this layperson. No smoking inside public places. Clear definition of exemption for cigar shops and tobacco shops. Attorney Hosmer is welcome to not like the statute, but he's hard-pressed to demonstrate any poor drafting in the text. Instead of pretending the ban is complicated and defanging the local enforcement by providing lawbreaking bar owners with a pre-fab excuse, Attorney Hosmer and the city should provide the Yankton police with a list (surely a brief one) of establishments that meet criteria of the smoking ban exemptions and authorize them to do their duty on the spot.

Governor Rounds Gives Felons a Break

According to the conservative bloggasariat, my moral compass is irretrievably broken for voting for Clark Schmidtke, a man with a felony theft conviction, instead of Russell Olson, a man with a longer yet less grave criminal record.

So how big of a jerk is Governor M. Michael Rounds for granting executive clemency to ten individuals the day after the election? Grand theft, assualt, DUI... all excused by Governor Rounds. Criminals all told by Governor Rounds, "Let's put your record behind you. Go on with your lives. Serve the common good. And don't screw up again."

Note that the governor doesn't excuse all lawbreakers. He picks and chooses, just like the Board of Pardons and Paroles. He listens to their stories, assesses their apologies, their character, and their sincerity. He grants it to some and not to others.

But of course, he's a Republican governor, not a Democratic blogger, so he's entitled to make such moral judgment calls... right?

Noem Not Paying Attention at Church, Either

The ringing in Kristi Noem's ears from directing handbell choir must have made it hard for her to hear this statement of belief about civil government from her Foursquare church in Watertown:

We believe that civil government is by divine appointment and that civil laws should be upheld at all times except in things opposed to the will of God (Acts 4: 18-20; Romans 13:1-5).

That Romans passage is particularly compelling.

So when Noem speeds and skips court, is that just her nature, or is it the will of God? Better check with Pastors Steve and Kathryn on that.

Clark Schmidtke's Side of the Story: "I'm Innocent!"

Permit me to update what I just published about the court records of our District 8 Senate candidates. District 8 Senate Candidate Clark C. Schmidtke Sr. and I just had a very serious conversation on the phone about his court records and what really happened in Minnesota. Trying hard to reserve judgment, I present what I've read and what I've heard (and delay once again talking about actual policies affecting District 8).

According to information from the Minnesota judicial system, in Case No. 46-K0-95-000504, The State of Minnesota vs. Clark Calvin Schmidtke, Judge Robert D. Walker presiding, our candidate was charged with 45 charges of theft and mistreatment of vulnerable adults.

Schmidtke says he was innocent. The county social worker, he says, brought bogus charges against him because the county owed his health care facility money and wanted to put him out of business. He did go out of business in 1995. He lived in Arizona at the time and thus had to fly back and forth for court appearances. He went to court 15 times. Eventually, Schmidtke says he ran out of money for the lawyer. He asked his lawyer how much it would cost to continue fighting the charges: $15,000. Schmidtke didn't have that money, so he switched to a public defender. That public defender recommended Schmidtke simply plead, take a few days' jail time and pay restitution. Schmidtke agreed and pled to three charges of theft. The remaining 42 charges we dropped... and Schmidtke spent eight months in jail and was assessed $14,225.96 in restitution.

The court record shows $580 credited toward restitution in 1997. Schmidtke's first payment is listed in 1999. Schmidtke then made 19 payments from 1999 to 2003 adding up to $6530. The Minnesota judicial website indicates that Schmidtke's current balance due is $7,695.96.

Schmidtke says that last figure is an error. In 2004, another complication arose. Schimdtke's probation officer claimed she didn't know Schmidtke had moved to South Dakota, hauled him back to Minnesota, and tossed him in jail. Schmidtke says his son then looked through his dad's phone records and found information that showed the probation officer would have known from those records that Schmidtke was in South Dakota.

If I understand the story, it was at this point that Martin County Attorney Terry W. Viesselman stepped in and said enough's enough. Schmidtke says Viesselman recommended the court reduce the case from felony to misdemeanor and drop the remaining restitution at this time. Schimdtke says the court did just that. He has not made any further restitution payments at this time, as it was his impression that the case was closed and he was absolved of further obligations. (Schmidtke says he'll get a lawyer to check on the status of that balance shown on the judicial website soon.)

Schmidtke said he wasn't eager to see any of this come out. He didn't want to do ill to any other candidates. He also has to make a living, and bad press like this could impact his bottom line at the assisted living facility he runs in Trent. Running for office was just asking for opposition research to dig up this hard-to-explain story.

Nonetheless, he says he is deeply upset with bad government in Pierre. He kept waiting last spring for some Democrat to challenge Senator Russell Olson (R-8/Madison), and when no one stepped forward, he felt someone had to speak up on the issues and challenge the status quo... even if it was a suboptimal candidate such as himself.
-----------------------------------
On a personal note: I told Clark that he's damaged goods. He knows that. I also told him that he's still right on policy issues and on the need for change in Pierre. And forget my partisan hat: I have strong bias toward any individual who argues that he has been unjustly persecuted by the powers that be and simply ran out of money to fight the good fight and prove his innocence. Clark has also done time, paid some restitution, apparently to the satisfaction of the prosecuting attorney, and now just wants to move on with his life, serve the people who hire him, and pay the bills.

But candidate Schmidtke also wants to serve the people of South Dakota in Pierre. Some voters—maybe most voters—will dismiss Schmidtke and his story out of hand. And I can't blame you if you do.

The court says a man I know and respect committed crimes. The man says he did not. I still have some thinking to do.

Next District 8 Senator Will Have Noteworthy Court Record

I still have one or two posts in the chute on last week's candidates forum here in District 8. I want very much to talk about the policies discussed by the four legislative candidates who attended the AAUW forum.

But first, I must address the court records publicized by Pat Powers at Dakota War College. Last week an anonymous source pointed Mr. Powers toward online documents from the state of Minnesota. The first document, from the Minnesota Office of Administrative Hearings in 1995, indicates that

Clark Schmidtke, Sr., Independent/Democrat candidate for South Dakota District 8 Senate

Clark Schmidtke, Sr., Independent/Democratic candidate for District 8 State Senate, admitted that he had forged two checks in the names of individuals in his care. The associated report recommended disciplinary action against Mr. Schmidtke's adult foster care license. The second document, from the Ethical Practices Board of Minnesota's Campaign Finance and Public Disclosure Board in 1997, indicates that Clark Schmidtke failed to file a final campaign finance report for his 1994 campaign for District 22B State Legislature and accepted a campaign contribution exceeding the 1994 contribution limit. Schmidtke owed $347.80 in filing fees and judgment interest. That amount appears to include a $200 civil fine that the Minnesota previously recommended against pursuing, since collecting it would not be cost effective.

Since Mr. Powers's post and my tentative response on Friday, some commenters have generously suggested that...

1. the documents may refer to a different Clark Schmidtke,
2. neither of the documents refers to the final disposition of the cases, and
3. such court records are unwanted distractions from the discussion we should be having about the right policies for District 8 and South Dakota.

To the first, I say that I am sufficiently confident that the Clark Schmidtke in the above legal documents and the Clark Schmidtke running for District 8 Senate are the same man. Candidate Schmidtke is from Minnesota. He ran for Minnesota state legislature. He works in assisted living/senior care. The overlap satisfies me to accept the association between our candidate and the Minnesota documents.

To the second, I agree that the two documents do not tell us the whole story, let alone the final outcome of these cases in Minnesota. I have Facebooked and e-mailed Mr. Schmidtke and await his filling in of that story. I have not heard back, although I have received an invitation to hear from Mr. Schmidtke in person at tonight's Moody County Democrats meeting. I will, alas, be unable to attend, so other bloggers are welcome to scoop me.

But permit me this snark: if I were running for office, and some blogger connected my name with past criminal activity with just eleven days left before the election, I wouldn't wait four days to stomp out the fire. Knowing past issues could bubble up in opposition research, I'd be online immediately with either, "It ain't me!" or "I was framed!" or full disclosure of what I did, why I did it, why I am deeply deeply deeply sorry I did it, and why I am still the better choice for the office I'm seeking.

And to the third: yes, I would rather talk entirely about policies and voting records. On those points alone, Clark Schmidtke can mop up the floor with Senator Russell Olson. Every policy statement I've heard Schmidtke make, with perhaps the exception of his willingness to entertain the possibility of charter schools in South Dakota, is right on. Olson has a record of bad votes, wimpy votes, and Big Biz/Big Oil apologetics that are wrong for South Dakota.

Yet I believe past wrongdoings and interactions with the legal system are relevant to discussions of candidates' qualifications. When I ran for school board two years ago, the first question from a voter here on the blog was about my firing at the hands of the Madison Central School Board in 2001, a public employment matter that led to a board hearing and court appeal. (Add that to my three speeding tickets, and you have the full record of my interactions with the South Dakota court system.) More people than I have pointed to Kristi Noem's lengthy record of traffic violations, failures to appear in court, and arrest warrants, not to mention her subsequent unapologetic self-justifications, as indications of her unfitness for high office.

Forgery and failure to follow campaign finance rules are significant crimes. I cannot ignore the association of candidate Clark Schmidtke with such crimes.

Russell Olson, Republican incumbent candidate for South Dakota District 8 Senate

And thanks to Mr. Powers's raising of the issue, I can no longer ignore Russell Olson's record of interaction with the South Dakota judicial system. Following is a list of some South Dakota court cases involving Russell D. Olson, a.k.a Russell Donovan Olson, Russell Dean Olson, and Russell Olson. The information comes from a record search conducted on October 23, 2010:

1. Docket #39399M0702111: Municipal speeding, 25 mph in a 20 zone, Madison, Lake County, 11/28/2007. Pled guilty by POA 1/10/28, paid $69.
2. #39399M0601101: County speeding, 65 in a 55, Lake County, 7/26/2006. Pled guilty by POA 8/24/2006, paid $76.
3. #32399M0502504: Municipal speeding, 55 in a 35, Pierre, Hughes County, 12/19/2005. Pled guilty by POA 1/6/2006, paid $119.
4. #50399M0201111: Speeding other roadways, 70 in 55, Moody County, 5/20/2002. Pled guilty by POA 6/10/2002, paid $91.
5. #07399M0100396: Open alcoholic beverage container accessible in vehicle, Brule County, 6/22/2001. Pled guilty by POA 7/19/2001, paid $86.
6. #17399M9802737: Failure to make proper stop, Davison County, 12/11/1998. Pled nolo contendre; disposition: stipulate to facts, found guilty 1/19/1999, paid $78.
7. #50399M9800546: Speeding other roadways, 75 in a 55, Moody County, 5/2/1998. Pled guilty by POA 5/20/1998, paid $100.
8. #17399M9502117: Speeding, 68 in a 55, Davison County, 11/13/1995. Pled guilty by POA 11/22/1995, paid $70.
9. #13C95000220A0: Speeding, 33 in a 25; Fleeing from police; Clay County, 5/11/1995. No plea to either charge, both charges dismissed on motion by prosecutor; pled guilty by POA to careless driving, 9/5/1995, paid $75.
10. #13C94000333A0: Simple assault, Clay County, 10/9/1994. Warrant issued 11/8/1994 for Failure to appear; no plea to original charge, charge dismissed on reduction; pled guilty to Disorderly conduct 11/15/1994, paid $200.
11. #49399M9323207: Speeding, 75 in a 65, Minnehaha County, 8/13/1993. Pled guilty 9/17/1993, paid $60.
12. #49399M9323208: Open alcoholic beverage container accessible in vehicle, Minnehaha County, 8/13/1993. No plea; dismissed on prosecutor's motion 9/17/1993.
13. #50399M9300227: Speeding, 65 in a 55, Moody County, 3/8/1993. Pled guilty by POA, paid $50.
14. #50399M9101291: Disorderly conduct, Moody County, 6/15/1991. Pled guilty 7/31/1991, paid $50.
15. #50C91000127A0: Having an altered or invalid license in possession, Moody County, 6/15/1991. Pled guilty 7/31/1991, paid $120. Incarcerated to local jail for 30 days consecutive with 30 days suspended; conditions: pay fine and costs, obey all laws for one year.
16. #13399S9001361: Possession of alcohol by minor, Clay County, 5/6/1990. Pled guilty by POA 7/18/1990, fine of $50 ($40 suspended), costs of $15.
17. #13399S9001369: Possession of alcohol by minor, Clay County, 5/6/1990. Pled guilty by POA 7/18/1990, fine $50, costs $15. [This record appears to duplicate the preceding record.]
18. #50399M8900259: Possession of alcohol by minor, Moody County, filed 2/13/1989. No plea entered 2/22/1989; dismissed by motion of prosecutor 2/21/1990.

Official documents indicate that Clark Schmidtke wrote two illegal checks for $1500 and owed the state of Minnesota about $350 for state campaign finance law violations (maybe $200 more... but I'm unclear on the wording of one of those documents). Official documents indicate Russell Olson has incurred around $1300 in penalties for a string of criminal offenses in South Dakota.

We will elect one of these men our state senator from District 8 next week. Voters, I welcome you to share how you reason out which of these men to vote for... or whether to vote on the District 8 Senate race at all.

p.s.: South Dakota does not allow write-in votes... but one write-in doesn't negate your votes on the other races.

Veblen Dairy Operators Dodge $453K in Taxes, Says State

$452,888.40. That's how much the operators of the now-bankrupt Veblen mega-dairies have cheated the State of South Dakota.

This month, the State of South Dakota filed the following tax liens against Prairie Ridge Management, its manager Richard Millner, and Multi-Community Cooperative Dairy, the previous name under which Veblen West Dairy was organized:

Clippings from the Marshall County bank
scandal sheet, listing liens against Prairie
Ridge Management LLC, Richard Millner,
and Multi-community Cooperative Dairy,
October 2010. Click image to enlarge.

• 58608—Notice of Tax Lien—Against Prairie Ridge Management Company LLC, in favor of State of South Dakota, in the amount of $63,004.74, for unpaid Sales Tax for tax period September 2009–August 2010. Dated October 13, 2010.
• 58609—Notice of Tax Lien—Against Richard Millner, in favor of State of South Dakota, in the amount of $63,004.74, for unpaid Sales Tax for tax period September 2009–August 2010. Dated October 13, 2010.
• 58610—Notice of Tax Lien—Against Prairie Ridge Management Company LLC, in favor of State of South Dakota, in the amount of $273,087.48, for unpaid Use Tax for tax period January 2007–October 2009. Dated October 13, 2010.
• 58611—Notice of Tax Lien—Against Richard Millner, in favor of State of South Dakota, in the amount of $273,087.48, for unpaid Use Tax for tax period January 2007–October 2009. Dated October 13, 2010.
• 58612—Notice of Tax Lien—Against Prairie Ridge Management Company LLC, in favor of State of South Dakota, in the amount of $1,932.99, for unpaid Contractors' Excise Tax for tax period January 2007–October 2009. Dated October 13, 2010.
• 58613—Notice of Tax Lien—Against Richard Millner, in favor of State of South Dakota, in the amount of $1,932.99, for unpaid Contractors' Excise Tax for tax period January 2007–October 2009. Dated October 13, 2010.
• 58621—Notice of Tax Lien—Against Multi-community Cooperative Dairy, in favor of State of South Dakota, in the amount of $114,863.19, for unpaid Use Tax for tax period January 2004–December 2009. Dated October 14, 2010.

I'm assuming the identical amounts against Prairie Ridge Management LLC and Richard Millner are simply the state holding both the corporation and its manager accountable for cheating us tax payers of what we are due.

After all the environmental infractions and legal trickery, Richard Millner's machinations and bad business practices may finally be brought to a halt by a state Department of Revenue going Al Capone on the Veblen dairies and citing them for tax evasion. Seems appropriate.

GOP Machine Digs up Court Dirt on District 8 Candidate

Evidently Clark Schmidtke Sr., Indy/Dem candidate for District 8 State Senate, has aroused the worries of the Republican machine. When a challenger can stand and point to everything that is wrong about Russell Olson's voting record—handouts for Big Oil, failing to support education and health care—the Republicans respond not with policy but with character assassination. SDGOP mouthpiece Dakota War College has dredged up court documents from the 1990s in Minnesota saying that Schmidtke forged two checks, had a license for providing adult foster care recommended for revocation, and failed to file a campaign finance report related to his 1994 bid for Minnesota state legislature.

I await Mr. Schmidtke's comment on these documents.

I also look forward to the release of any and all court documents relating to the personal history of the Republican candidate in this race. Stay tuned.

McCain, Thune Play Jack Bauer, Torch 4th, 5th, 6th, 7th Amendments

Is Bob Ellis trying to lure me in? Yesterday I grumbled about President Obama's continued abuse of the Fourth Amendment and wondered why the conservative shouters haven't added that point to their charge that the Constitution is hanging by a thread.

Comes now Sam Kephart, granted a guest column on Bob Ellis's Tea Party blog, to decry Fourth Amendment abuses advocated by, of all people, sponsoring Senator John McCain and co-sponsor Senator John Thune. Kephart alerts us to S. 3081, the Enemy Belligerent, Interrogation, Detention, and Prosecution Act.

...S.3081 lacks clear definitions for the operational terms “material support,” “The potential intelligence value of the individual,” and the all-inclusive phrase “Such other matters as the President considers appropriate.” It’s Catch-22 with no way out.

Under this law as currently written, any U. S. citizen who is a war protester, publicly exhibits anti-government sentiments, is a Tea Party activist, or a political opponent of a given Administration could fall (or be made to fall) under one or more of its ill-defined and ambiguous conditions.

If the Feds believe you are committing a “suspicious activity” or “supporting hostilities,” you can be hauled off and held indefinitely in military custody with neither legal recourse nor due process. Your Constitutional rights to free speech and personal liberties would disappear with the stroke of a hidden pen [Sam Kephart, "S. 3081 and John Thune: National Security Trumps Essential Liberty," Dakota Voice, 2010.10.18].

McCain and Thune's legislation even goes so far as to prohibit the Justice Department from expending any funds to conduct trials for such "belligerents" in the regular judicial system. In other words, if you cheese off Uncle Sam, your judicial rights disappear. No warrants, no grand jury, no speedy and public trial, no jury of your peers. The government can throw you in a hole for as long as it deems "hostilities" to be in effect... which in the age of the global war on terror is forever.

S. 3081 was introduced on March 4 this year and hasn't moved from the Judiciary Committee since. Let's hope it stays that way. And let's hope we hear more from conservatives like Kephart who want to hold Senator Thune and the rest of Congress accountable for protecting all of our Constitutional freedoms from fear.

---------------------
p.s.: This isn't the first time Kephart has said things I dig. It's good to see Bob Ellis associates with at least one guy who can talk sense.

Veblen West Trustee Skewers Bogus Lease Plan, Calls for Nov. 1 Sale

Trustee Forrest C. Allred lost his bid to liquidate the Veblen West Dairy last week, but he's not done fighting the tricky owners of that polluting dairy. Attorneys for financier AgStar*, which has a big stake in the dairies, filed a blistering brief last week that confirms what readers here have heard: the Veblen West owners' plan to lease their bankrupt dairy back to themselves and their objections to last week's sale are a sham intended to delay court action until Rick Millner can talk enough investors into floating him the capital necessary to keep the "hopelessly insolvent" dairy in his hands.

Extra kudos to attorneys Damgaard and Morehead for banging out this damning 18-page assessment of Millner et al.'s hoodwinkery in less than 24 hours. You guys should blog!

Some highlights from the brief [In Re: Veblen West Dairy, "Brief In Response To Objections Of Certain Equity Owners Of Veblen West Dairy Llp And Hill Grain Farms, Inc., To Trustee’s Motion For Authority To Sell All Or Substantially All Assets Of The Bankruptcy Estate By In Court Auction," U.S. Bankruptcy Court, District of South Dakota, Case 10-10071, Document 441]:

Some of the Equity Owners were apparently able to obtain financing for, and successfully bid at the Veblen East 363 sale. The Veblen East sale featured notice and bidding procedures that were materially-indistinguishable from Trustee Allred’s. In fact, the 363 Motions in East and West are nearly identical in that regard. This begs the question: why are the Equity Owners objecting now, when some of them purchased Veblen East under identical conditions? Clearly, the Equity Owners were unable to secure the necessary financing to purchase Veblen West. They are objecting to buy more time. The plan the Equity Owners have proposed is so deficient in so many ways, that it must be an effort to delay the proceedings [p. 9].

The evidence will show that Vantage Cattle, one of the Debtor’s related insider entities, and a source of replacement heifers for debtor, did not have a claim against the Debtor as of the date of filing. Indeed, Vantage Cattle is not one of the creditors in Debtor’s case. However, the evidence, including Debtor’s aged accounts payable reports, will show that, in August and September 2010, the Debtor purchased approximately 450 head of fresh replacement heifers at a cost of over $680,000. But the Debtor never paid for them.

This evidence will highlight the Debtor’s efforts to show a positive cash flow, while keeping cattle numbers up artificially. During June and July 2010, the Debtor’s cattle herd numbers dropped significantly. (Doc. 253 at 8-22.) The Debtor was then faced with a choice. It could spend the money on cattle and show a negative cash flow, or it could continue to experience a drop in cattle numbers and a drop in milk production. Either result would have been damaging to Debtor’s claim that it could successfully reorganize. The Debtor avoided these two alternatives in part by obtaining hundreds of additional cattle from its insider-owned sister entity, Vantage Cattle. But Debtor but did not pay Vantage for the livestock. If it had, it could not have shown a positive cash flow. In other words, Debtor has covered up its negative cash-flow by playing a shell-game with an insider related entity. It is this type of insider transaction that led to a Trustee being appointed in this case [emphasis mine; pp. 13–14].

The Equity Owner’s plan also comes with projections purporting 8 to support their claim that the plan is feasible. (Doc. 412 at 127 – 156.) However, when even a few of the assumptions made in those projections are tested, it is clear they are simply too optimistic to be believed. The Equity Owners rely on a “pounds of milk given, per cow, per day” assumption starting at 77 lbs/cow/day, quickly escalating to 81/cow/day. During the case Debtor has never achieved that target, and has at times been under 70 lbs/cow/day.

The Equity Owners also assume a combined cull and death loss for the cattle of 2.62% monthly or 31.44% on an annualized basis. Through Sept, 2010, the Debtor’s herd has an annualized cull and death rate of 60.5% and that, during the same period, the Veblen East lactating unit has an annualized rate of 64.8%, showing that the 2010 results West has achieved are not artificially poor by comparison. In other words, the Equity Owners’ projections assume a much lower expense for herd replacement–one of the largest expenses in the projections [footnote, p. 14].

Trustee Forrest C. Allred filed a new motion yesterday requesting a sale free and clear of liens on November 1. The motion notes that certain members of the Veblen West ownership have asserted that the dairy will be in full compliance with the environmental clean-up ordered by DENR of the dairy's manure lagoons. DENR has not confirmed but will be inspecting on Friday, the deadline for compliance. Interested parties have until October 29 to file objections.

-----------------------------------------
correction: I originally incorrectly attributed the brief to bankruptcy trustee Forrest C. Allred. The brief actually came from attorney Roger Damgaard and Sander Moorhead, representing AgStar. I regret the error.

Texting Bans Don't Improve Road Safety: Toss or Tighten?

I was wrong... sort of. Last month, I suggested there could be a connection between U.S. House candidate Kristi Noem's habitual lawbreaking and her votes against texting-while-driving bans in the South Dakota Legislature. I stand by my contention there that Noem's disregard for the law may incline her to vote against holding other drivers accountable for dangerous behavior.

However, my original argument did not anticipate this study, which finds texting-while-driving bans do not reduce the number of highway crashes. The study actually finds a slight uptick in insurance claims for vehicle damage in three of the four states surveyed. The researchers speculate that thumb-typing addicts are not only ignoring the bans but using their devices in their laps, out of view of the cops, thus taking their eyes that much more off the road.

So what's the proper response? It's clear that texting behind the wheel is dangerous. Even if we can't stop people from doing it, we should hold accountable the folks we catch doing it. If people respond to a law against bad behavior by behaving worse, do we abolish the law? Do we seek other ways to curtail the bad behavior? Or do we conclude that the law isn't tough enough and stiffen the penalty?
--------------------------
Bonus Highway Mayhem: The Insurance Institute for Highway Safety, which was involved with the texting-ban study, celebrated its fiftieth anniversary last year by crashing a 1959 Chevrolet Bel Air into a 2009 Chevrolet Malibu. Good old American steel against modern plastic—that couldn't be pretty, could it? Well, it wasn't... for the dummy driving the tail fins. Both cars were totaled, but the passenger compartment in the Malibu remained almost wholly intact, while the passenger compartment in the Bel Air crumpled into the driver. See video with commentary here.

Memo to Tea Partiers: You Still Have to Pay Taxes

Dr. Edward Picardi of Sturgis faces five counts of income tax evasion. The IRS alleges that Dr. Picardi has cheated American taxpayers out of $811,000 over thirteen years by moving cash around to overseas accounts. Helping Picardi, says Uncle Sam, was Maryland lawyer Anthony Ira Kritt, who's in court right now for allegedly helping a West Virginia doctor do the same thing.

A possible defense for Dr. Picardi: he was simply acting as any good Tea Partier would, refusing to pay those oppressive taxes. Perhaps Dr. Picardi is where Gordon Howie got the idea. But it seems odd that Dr. Picardi wouldn't pay his taxes; after all, as a long-time employee of the federal government, he surely appreciates the need to pay a decent wage to the men and women serving our country.

This indictment is bad news for Republicans: according to the Center for Responsive Politics, Picardi and his wife and employee Sandra donated $11,200 to Senator John Thune over the past few years. Mrs. Picardi has also given Kristi Noem's House campaign $2000 this year.

Vote Now in Lake County Sheriff Poll!

My readers have been itching for a poll on the Lake County Sheriff's race. I'm happy to oblige. Vote here in the right sidebar for the man you think would best serve the people of Lake County as chief law enforcement officer:

• Madison city patrolman Jason R. Lurz
• Madison city patrolman Dan Wyatt
• Incumbent two-term sheriff Roger C. Hartman.
  

This race could be more heated than one might expect from a local sheriff's race. Patrolman Wyatt has already demonstrated his willingness to criticize the incumbent sheriff in pretty direct terms. Patrolman Lurz is less direct, but his clear expectations of the sheriff's office suggest he sees something lacking in the current regime. And a potential race-shaker: the rift exposed between the police and fire departments by the DUI arrest of on-duty fireman Scott Johnson. If there is a candidate's forum for the sheriff's race, expect awkward but necessary question #1 to be, "Suppose you see a local volunteer fireman drinking to excess. At what point do you intervene?" (Candidates, feel free to respond now!)

The sheriff's poll will stay open until Tuesday, September 28, at 11:59 p.m. So tell your friends, and vote now!

Marking Violating Hatch Act with Website?

I reported Sunday that B. Thomas Marking is suspending his campaign for a couple weeks while he is away serving Uncle Sam. Marking is a reservist emergency responder for FEMA and will be away for training in Alabama until September 24.

Now if I had to be gone for a couple weeks just as a big campaign was heating up, I'd surely find a way to keep in touch with my potential voters and donors via e-mail and my campaign blog. But Dakota War College made a very good point Tuesday: under the Hatch Act, Marking can't even do that.

If applicable to reservist emergency responders (I'm still digging for that*), the Hatch Act restrictions on political activities for "less restricted" federal employees preclude Marking from doing the following:

• knowingly soliciting, accepting, or receiving a political contribution from any person (this may be done in certain limited situations by federal labor or other employee organizations);
• being a candidate for public office in partisan political elections;
• engaging in political activity while on duty, in a government office, wearing an official uniform, or using a government vehicle;

While Marking is on duty or in any federal building, he can't distribute any campaign material. So I wonder, as did Mr. Powers: does that include automatically distributing campaign information via his website, as he continues to do as of my writing this morning? Does that include leaving his clever campaign videos dinging his opponents up on YouTube? It sounds as if the Hatch Act requires Marking to scrub his entire Web presence until he returns from Alabama.

Now there's no jail time for Hatch Act violations. Marking may stand only to lose his FEMA position. But Marking has struck me as smart enough that he'd know the ins and outs of the Hatch Act. Perhaps he hasn't left for Alabama yet, and the moment he does, we will see the website, donation button, videos and all disappear from the Web.

So I wonder: how does a current violation of the Hatch Act stack up in South Dakota voters' minds against habitual violations of state highway laws?
------------------------------------
Update 2010.09.11 07:35 CDT: Ding ding ding! Found it! This September 18, 2008, advisory opinion from the U.S. Office of Special Counsel says that individuals who work or the government on an "irregular or occasional basis" are indeed subject to the Hatch Act while on duty. The opinion is specific to members of the Disaster Mortuary Operation Response Team, which is part of the National Disaster Medical System, which the FEMA administrator directs (see Stafford Act, Sec 503a.3.B). Marking is a FEMA disaster reservist.

SD Corn Growers Meeting on VeraSun Bankruptcy Letters Sep. 14

Remember those letters farmers started receiving last week from the VeraSun bankruptcy lawyers asking them to repay money they received back in 2008 from the now-defunct ethanol producer? The South Dakota Corn Growers Association, shills for unhealthy industrial monoculture that they may be, are hosting a meeting to help farmers respond properly to those letters. When, where, and who:

• Tuesday, September 14, 7–9 p.m.
• Sioux Falls downtown Holiday Inn
• Q&A with lawyers Mark Meierhenry and/or Patrick Glover from Meierhenry and Sargent LLP

If you're curious, give SDCGA exec Lisa Richardson a shout.

Noem Spins Irresponsible Behavior as Virtue

I've thought that Kristi Noem's lengthy criminal record—skipping court six times, earning two arrest warrants—is a sign of either complete irresponsibility (Court date? Oopsies! Forgot again! Tee hee!) or sheer arrogance (What? You expect me to go to court? Do you know who I think I am?)

Noem's comments on Weekend Edition Sunday this morning convince me all the more it's arrogance. NPR's Brian Naylor asks Noem about her lengthy record of court-dodging and arrest warrants. She not only ignores those violations, but she tries to dress her unsafe driving up as virtue:

My nature has always been to be in a hurry and to try to get things done, and that's obviously something I need to work at when it comes to my driving record [Kristi Noem, interviewed by Brian Naylor, "Political Pedigree No Longer Protects S.D. Rep," NPR Weekend Edition Sunday, 2010.09.05].

Wow. The gall. Princess Kristi is just trying so hard to get things done, she can't be bothered with something so trivial as a court date. She says she needs to work on her speeding, but she never says she is working on it. She portrays her risky behavior as "her nature," as if it is something beyond her control.

This isn't hard, Kristi. When you're behind the wheel, you don't speed. When you get a ticket, you pay it. When the judge says come to court, you come to court. Quit trying to dress up your problem as "nature" or some noble effort to "get things done" and be responsible. Responsibility is a choice, the kind of choice you Republicans expect of everyone else.
--------------------
Update 2010.09.06: Gee, ignoring the law really is a Noem family value:

It isn’t that uncommon in Noem’s family, based on court records since 1989. Noem’s husband, Bryon, had 18 recorded traffic citations during that period, 11 of them for speeding. Noem’s brother, Rock Arnold, had 34 citations during that period, 25 of them for speeding. He also missed court or fine payment dates four times and had warrants issued three times. Another brother, Robb, had 21 citations, including 12 for speeding.

And Noem’s mother, Corinne Arnold, had 11 citations, nine for speeding [Kevin Woster, "Noem Apologizes for Traffic Citations," Rapid City Journal, 2010.09.05].