SIOUX FALLS, S.D. (AP) — Two South Dakota men seeking to remove a proposed constitutional amendment from the primary ballot say the state is intentionally delaying the case so it can be decided in a sparsely held election.
David Owen and Jim Holbeck said the state is illegally refusing to accept service on their amendment complaint, a procedural move that allows the suit to move forward.
They blame Attorney General Jason Ravnsborg, who is representing defendant Steve Barnett, the secretary of state who also serves as South Dakota’s chief election officer.
Owen and Holbeck say Ravnsborg has yet to accept service, which they provided by certified mail as allowed by law.
Members of Ravnsborg’s office said they would only accept personal service and planned to outline its position further in a court filing.