Pubdate: Wed, 06 Nov 2002 Source: Associated Press (Wire) Copyright: 2002 Associated Press Author: Bernard McGhee, Associated Press Writer BALLOT MEASURE ON RIGHTS OF CRIMINAL DEFENDANTS VOTED DOWN SIOUX FALLS - South Dakota voters on Tuesday soundly defeated a ballot measure on the rights of criminal defendants. With 39 percent of the precincts reporting, Constitutional Amendment A had 26,912 votes in favor, or 21 percent, and 102,664 votes against it, or 79 percent. The proposal said criminal defendants may argue about the merits, validity and application of laws under which they are charged. Another issue, Initiated Measure 1, sought to legalize industrial hemp by allowing South Dakotans to grow, process and market it. That measure also was defeated. With 39 percent of the precincts reporting, the measure had 48,369 votes in favor, or 37 percent, and 81,185 votes against it, or 63 percent. Two other measures also were voted on: Amendment B, a technical change on redistricting; and Amendment C, to give the governor extra time to deal with some of the bills received from the Legislature. The redistricting amendment was losing, while the other amendment was winning late Tuesday night. Under Amendment A, accused people could try to convince jurors that some laws or criminal sentences are too strict, unnecessary or just plain stupid and should be ignored. No other state allows those arguments in criminal cases, although three states have such provisions in their constitutions. Supporters characterized the amendment as a common-sense measure that would let jurors serve as a check and balance on unpopular laws. But opponents warned it would raise havoc in the criminal justice system by resulting in different verdicts for people facing identical charges. Initiated Measure 1 sought to legalize industrial hemp by allowing South Dakotans to grow, process and market it. Supporters said hemp would provide a niche crop for some farmers. Opponents, primarily the law enforcement community, worried that hemp would create drug enforcement problems because it is a close cousin to marijuana. Police also warned that approval of hemp production would be a precursor for a campaign to also legalize marijuana. Amendment B is a technical clarification that will let the Legislature meet and adopt new redistricting plans if state or federal judges invalidate boundaries approved earlier by the Legislature. The new plans would have to correspond with the court decisions. Lawmakers meet every 10 years to set new legislative boundaries. Amendment C will give the governor extra time to deal with some of the bills he receives from the Legislature. When lawmakers are in session, existing constitutional language says the governor must either sign bills within five days of receiving them or the bills become law without his signature. The ballot measure gives the governor some extra slack by excluding Saturdays, Sundays and holidays. In recent years, it has become common for legislators to send up to 200 bills to the governor near the end of lawmaking sessions. The five-day requirement to act on them leaves scant little time for a thorough review, especially when the clock continues to tick on weekends and holidays. The ballot measure also deals with those periods in which legislators adjourn or recess for more than five days, clarifying that the governor has 15 days to act on bills during those breaks. Additionally, Amendment C excludes Saturdays, Sundays and holidays when the governor vetoes bills and must return them to the Legislature within five days. - --- MAP posted-by: Richard Lake