SD smoking ban can be referred to voters

Associated Press: Judge: The smoking ban passed by the South Dakota Legislature is eligible to be referred to voters, so the court system must determine whether opponents collected enough valid signatures to put it on next year's ballot, a judge ruled Thursday.

Circuit Judge Kathleen Trandahl of Winner rejected requests by opposing lawyers to make legal rulings that would have settled the case. Instead, she started hearing testimony on 26 categories of challenged signatures on the petitions that were submitted by those who seek a public vote. Trandahl said the case has to be handled quickly but properly so a final decision is made before next year's election. Her eventual decision is certain to be appealed to the South Dakota Supreme Court.

"We only have time to do this case right once," the judge told lawyers. The trial is expected to last at least until sometime Friday.

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