SOUTH DAKOTA ACTION ALERTHearing & Floor Debate/Vote Imminent!!!South Dakota passed the Balanced Budget Application in 2015, and that's the only application that remains on record today. In addition, they passed a Delegate bill at the same time to falsely assure legislators, then and now, that they can control Delegates to a constitutional convention. The Convention of States (COS) has been trying for more than a decade to pass their application in South Dakota. In the last couple of years, they've resorted to dropping hundreds of thousands of dollars into South Dakota legislative races in an attempt to unseat and smear legislators opposed to risking our Constitution at a convention. Both COS and US Term Limits, the sponsoring organizations behind the applications we'll see in South Dakota in 2025, evade the real issue—the dangers of a convention called by Congress under Article V. Instead, they focus attention on the application's subject—fiscal restraints or congressional term limits—which is simply bait to attract legislators' votes. Delegates to the convention, as sovereign representatives of "We the People," have the "self-evident" Right to alter or abolish our "Form of Government," as expressed by the Declaration of Independence, para. 2. As such, they can propose any and all amendments or a new constitution with an easier mode of ratification. South Dakota has a short legislative session, and things happen at lightning speed. The SD Legislature just convened for the 2025 session on Tues., Jan. 14, and by Wednesday, the COS application was scheduled for a Friday hearing (Jan. 17). With the committee stacked against us like it is, we have only a slim chance of blocking it in committee. That's why we're focusing on the full Senate, which will most likely debate and vote on the COS application next Tuesday. We need to start today to stop COS on the Senate floor since we're looking at a three-day weekend. Please follow the three action steps below. Let's go get 'em! The Legislation Here is the application we oppose in the South Dakota Senate: SJR 502 (COS) - Pending in the Senate State Affairs Committee. Hearing Fri., Jan. 17, @ 10:00 am (CST). If passed, we expect the Senate floor debate & vote to be next Tues., Jan. 21. 1. Your Senate Letter Talking Points are at the end of this blast. Please write to the following 35 South Dakota Senators and explain why they should Vote “No” on SJR 502 and any other application asking Congress to call a convention under Article V. (Copy the addresses below as a block into “BCC,” and copy your own address into the “To” box; and place the bill# and description, e.g. Art. V convention, and perhaps something catchy on the subject line or simply the words: "Vote No on SJR 502." Senate Republicans (32)—Dear Senator: (If you're a Republican or conservative, tell the Republicans so!) Arch.Beal@sdlegislature.gov, Greg.Blanc@sdlegislature.gov, John.Carley@sdlegislature.gov, Casey.Crabtree@sdlegislature.gov, Sydney.Davis@sdlegislature.gov, Randy.Deibert@sdlegislature.gov, Helene.Duhamel@sdlegislature.gov, tamara@tamaragrovedistrict26.com, joy@joyhohn.com, Taffy.Howard@sdlegislature.gov, amber@amberhulse.com, kevinj@iw.net, chris.karr@sdlegislature.gov, Steve.Kolbeck@sdlegislature.gov, mhlapka@valleytel.net, Sam.Marty@sdlegislature.gov, Jim.Mehlhaff@sdlegislature.gov, Paul.Miskimins@sdlegislature.gov, LaurenNelson4Senate@gmail.com, ernie.otten@gmail.com, cperry91@abe.midco.net, Suefordistrict13@gmail.com, Tom.Pischke@sdlegislature.gov, Tim.Reed@sdlegislature.gov, Michael.Rohl@sdlegislature.gov, sauder4senate@gmail.com, Kyle.Schoenfish@sdlegislature.gov, Glen.Vilhauer@sdlegislature.gov, Curt.Voight@sdlegislature.gov, voitaforthepeople@gmail.com, David.Wheeler@sdlegislature.gov, Larry.Zikmund@sdlegislature.gov, Senate Democrats (3): RedDawn.Foster@sdlegislature.gov, Liz.Larson@sdlegislature.gov, Jamie.Smith@sdlegislature.gov 2. Submit Written Testimony Please send your letter as written testimony to: senatestateaffairs@sdlegislature.gov And address your testimony to Senator Mehlhaff, Chair; Senator Perry, Vice-Chair; and Members of the Senate State Affairs Committee. A Word or PDF attachment is preferred. The subject line should include "written testimony" against SJR 502. The meeting begins at 10:00 am tomorrow (Friday), so the written testimony should be there as soon as possible today. 3. DICTATE A PERSONAL MESSAGE by calling (605) 773-3821 (Senate chamber) INSTRUCTIONS: Call the above number, and dictate a very short message for 3 Senators at a time. A "page" (student) should answer (605) 773-3821 between 7:45 am CST and one hour after the session closes (times will vary). Usually, but not necessarily, they close at 4:00 pm—but it could be earlier. The page will handwrite what you dictate and personally deliver it to no more than 3 Senators per call. Pronounce or spell the names of the Senators clearly. The page will take your name & confirm your phone number. It should take only a couple of minutes to leave one message for 3 Senators. Twelve calls will cover the entire Senate with the same message. MESSAGE to dictate: Dictate as short a message as you can to as many Senators as you can. They'll be looking for support or opposition, as one or 2 sentences are too short to educate anyone! They'll be getting your e-mail also. It's best to write your own message so that the Senators don't get the same message from everyone opposed. No need to be elaborate. If you're in a hurry, it's fine to sum it all up in one sentence similar to: "Vote "NO" on SJR 502 (Art. V convention)"! Another example would be: "There is no such thing as a limited convention. Vote "NO" on SJR 502." WHEN to call: Regular hours are M-F, from 7:45 am to about 4:00 pm CST. If you get too close to 4:00 pm CST, the line might shut down. If no one answers well before 4:00 pm, try again. They are probably out delivering messages. The pages will deliver hand-written messages for up to 3 Senators at a time for each call you make. So you should be able to reach all 35 Senators in 12 calls. If you need a list of Senators, all 35 Senators are listed HERE. You'll find them in the column on the right. We linked the Senators' last names in priority order below for your convenience. The names in blue are the 3 Democrats. The SD Legislature is closed on Monday for Martin Luther King Day. PRIORITIZE: If you can't get to all the calls today, prioritize by leaving as many messages as you can, in this order: - The 5 non-sponsors on the committee: Senators Beal, Deibert, Karr, & Petersen & Foster. They should be contacted today (Thursday) so they'll receive the message before the Friday hearing.
- The remaining 25 Senate non-sponsors. Senators Blanc, Carley, Crabtree, Davis, Duhamel, Grove, Hohn, Howard, Hulse, Kolbeck, Lapka, Larson, Marty, Miskimins, Nelson, Otten, Reed, Rohl, Sauder, Schoenfish, Smith, Vilhauer, Voita, Wheeler, & Zikmund. They should be contacted on Thursday or Friday, ideally. They aren't on the committee.
- The 7 Senate co-sponsors: Mehlhoff, Grove, Kevin Jensen, Phil Jensen, Perry, Pischke, & Voight probably aren't going to change their minds. The latest time to leave a message for them would be Tuesday morning before the Senate floor session which is usually around 2:00 pm CST. The 4 in italics are on the committee.
Thank you for defending our Constitution! Talking Points—for Either Party Note there is information specific to the Convention of States below—including evidence of seed money from before COS got started. Look for the Santorum "paycheck" meme and links to dark money. "State Legislatures cannot dictate Amendments to be considered at an Art. V Convention" shows that Lobbyists' assurances that a convention would be limited to considering only amendments requested by 34 State Legislatures are false. A proposed Congressional "call," H.CON.RES. 24 (2023-2024), proves that Congress may count all applications together—including centuries-old, obsolete, and rescinded applications to reach the 34-state threshold! This contradicts what State Legislators are being told to secure their votes on the applications. "State Legislatures have no power to select & control Delegates" shows that those who promise that State Legislators will select and control the Delegates are making stuff up! Delegates have the "self-evident" Right "to alter or to abolish” our existing "Form of Government," as expressed by the Declaration of Independence, 2nd para. So, no one has power over Delegates! The “Brilliant Men” flyer shows that James Madison, Alexander Hamilton, four US Supreme Court Justices, and other jurists and scholars warned that Delegates to an Article V convention can't be controlled. "What the Convention Lobby Isn't Telling You About the Declaration of Independence” shows why Delegates to an Article V convention have the power to throw off the Constitution we have and set up a new one, with a new and easier mode of ratification. The only power State Legislatures are granted under Article V is to ask Congress to call a Convention. Talking Points Specific to COS "Dark money—not the grassroots—is behind the Convention of States organizations (COS)" proves that almost 2/3 of the money driving COS's effort to apply to Congress for an Article V Convention, is coming from major donors giving COS $5,000 to $2,000,000 from 2018 through 2020. Why are billionaires trying to get their hands on our Constitution? The "Phony Petitions & Polls" flyer describes how the Convention of States Project (COS) showcases unverified data to deceive legislators into believing their constituents are demanding a “convention of states” to influence legislators' votes. This is an illusion! COS President Mark Meckler admits he can't guarantee his signatures are valid. "COS adopts Newspeak to sell the Con-Con" debunks the Convention of States (COS) narrative that a convention called under Article V is different than a “constitutional convention.” COS is waging a semantics war by using the term "convention of states" to imply that an Art. V Convention is controlled from start to finish by State Legislatures. Other pro-convention groups and legislative sponsors consistently repeat this falsehood. Not Exactly the Way a "Grassroots" Citizen's Organization' Operates! The source of the millions of dollars in Dark Money which COS takes in each year, isn't required to be disclosed, so COS chooses not to. And when asked, COS President & lobbyist Mark Meckler tells legislators, with a straight face, that his contributions come from tens of thousands of everyday patriots— like grandmas on fixed incomes, who give $5 per month, and wish they could give more. If anyone says differently, he accuses them of slander. PROOF of Santorum's 2022 income from COS Form 990. Former US Senator Rick Santorum is one of COS's paid lobbyists, and he usually testifies that he was against an Article. V convention before he changed his mind after studying the issue. But his support appears to have coincided with his paycheck! PROOF of $2.8 Million in Seed Money in years 2010 & 2011 combined—years before Meckler won his first state, and while he was still working at the Tea Party. Note: the John Hancock Committee of the States Form 990, from their 2011 return, has the same IRS Employer ID# as Citizens for Self Governance, another Meckler COS organization. PROOF of Meckler's $180,000 salary (2013), which began in 2012, when COS was virtually unknown. For Republicans Only "COS Board Member shows that an Art. V Convention (A5C) can result in a new Constitution" highlights the fact that Convention of States (COS) board member Robert P. George has already co-drafted a new constitution which grants massive powers to a new federal government & imposes gun control with red flag confiscations! It shows why an A5C provides the opportunity, under the pretext of seeking amendments, to replace our Constitution and its ratification process. For Democrats Only: In "The Risk of the Right-Wing Push to Rewrite the Constitution," celebrated historian James M. Banner, Jr. raises the alarm about the push, mainly by a few billionaires, to trigger a convention under Article V of the US Constitution: "...the greatest danger is that there’s nothing in Article V that prevents an amendatory convention from following the example of the 1787 convention in Philadelphia, which became a runaway convention by simply assuming its freedom to propose a substitute for the very frame of government, the Articles of Confederation, under which it convened...[If] the proponents of an Article V convention succeed in setting one in motion,…“the extraordinary American experiment in the self-government of an open society that has endured for over 230 years will be in never-before-experienced peril." Or: Or you might quote from Chief Justice Warren Burger's LETTER to Phyllis Schlafly dated June 22, 1988: “...[T]here is no effective way to limit or muzzle the actions of a Constitutional Convention. The Convention could make its own rules and set its own agenda...After a Convention is convened, it will be too late to stop the Convention if we don’t like its agenda…” |
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