South Dakota Ballot Issue (South Dakota Open and Clean Government Act) Could Gag Student Groups

One of the things we've learned in the Rovian age of the last eight years is that you can dress up public policy with a flattering name -- even if it actually forms the antithesis of its description -- and people will believe it. The Clean Skies Act is one such example.

Whether intentional or not, a South Dakota ballot issue this November has the same misleading characteristics. The South Dakota Open and Clean Government Act, while sounding like a boon for transparent government activists everywhere, could actually stifle political participation and the voice of college students in the state.

The proposal itself -- Initiative 10 -- "would prohibit using taxpayer money or government resources for lobbying or campaigning. It also would make changes in campaign donation laws and require a Web site giving details of state contracts." The problem, of course, is rooted in the fact that many state-funded schools find themselves receiving this same taxpayer money. With student groups being funded by this money, the problem is obvious now, even if it wasn't when it was passed. The fact that legislation like this is passed or proposed (perhaps with the public interest legitimately in mind) without a review of further ramifications is troubling. Lately, this legislative laziness has led to restricted abilities among students to participate in democratic responsibilities, while also tying the hands of institutions of higher education within the state. We saw an example of this in the episode I wrote about a few weeks ago with the University of Illinois restricting the rights of students, faculty, and staff to contribute to any public discourse regarding the election.

In the South Dakota initiative, we once again see lawmakers and proponents of this issue overlooking its consequences, as a student explains.

“When you first read this initiative, I don’t think anybody could be against clean and open government,” said Alex Halbach, executive director of the South Dakota Student Federation, an organization of student governments. “But when you read into the text, it’s so much deeper than that and affects so many different areas.”

Halbach goes on to point out that should this initiative be passed, any student newspaper funded by a university in South Dakota would be prohibited from endorsing a political candidate -- not exactly encouraging civic responsibility and a free exchange of ideas on campus. Furthermore, if the state's Board of Regents needed/felt compelled to lobby politicians on issues in higher education, this initiative, if passed, would prohibit that action.

If you happen to live in South Dakota, please vote no on this issue. While I'm not convinced this initiative was drafted with bad intentions, it nevertheless is faulty as its framers did not take into account the consequences of its passage, especially as it relates to student political participation.