SIOUX FALLS, SD (KELO-AM) The City of Sioux Falls will answer in court for it's recent decision to non-validate a petition drive. Thursday, the "Stop the Funding" group's attorney, A.J. Swanson, filed a "writ of mandamus"....in Second District Court. According to the WEX Legal Dictionary, the writ, if signed by the appointed Judge, is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
City Clerk Tom Greco "non-validated" the over 64 hundred signature presented by the petition drive's Danielson that were submitted last month. His reason for the decision was that the petition organizers used the wrong form for a municipal issue.
The City Attorney, Dave Pfeifle, says he hasn't seen the lawsuit yet, but issued this statement: "City Clerk Tom Greco is the election official for the City, and state law does not provide him with any discretion in determining whether a petition is valid. As the petition did not contain an essential legal requirement for a valid petition, Clerk Greco was required by state law to declare the petition invalid. The SD Secretary of State’s Office agreed with him.”
"Stop the Funding" group co-chair, Bruce Danielson says if the writ is signed, the next step would be to file an injunction to halt Mayor Huether from a planned 25 million dollar bond sale, which could happen in October.