U.S. District Judge Charles Kornmann struck down a ban on out-of-state contributions to ballot question committees recently passed by voters.

Kornmann found Initiated Measure 24 unconstitutional because it violates First Amendment rights to engage in political speech.

Additionally, Kornmann said the measure violates the Commerce Clause by interfering with the free flow of money between persons from another state and South Dakota committees.

The ruling is a permanent injunction that stops the planned implementation on July 1.

The state must now determine if it will appeal the decision to the U.S. Eighth Circuit Court of Appeals.

South Dakota voters did not pass a constitutional amendment to create a campaign finance and government accountability board but passed a measure to ban out of state donations on ballot questions.

Amendment W would have had the power to regulate campaign finance and lobbying laws and create a government accountability board. The measure failed by a margin of 45 percent in favor with 55 percent against.

Initiated Measure 24 bans out of state campaign donations for ballot question committees by nonresidents, out of state political committees and other groups not filed with the Secretary of State. The measure passed by a margin of 56 percent in favor and 44 percent against.

South Dakota Attorney General Marty Jackley predicts that passage of Initiated Measure 24 may be challenged as an unconstitutional violation of free speech and ultimately a financial burden to tax payers.

The Institute for Free Speech is challenging the constitutionality of a South Dakota law restricting the organization’s right to publicize views of ballot measures without extensive reporting and disclaimer requirements.

The organization is asking for permission from a federal judge to distribute an analysis of Initiated Measure 24 and Constitutional Amendment W, claiming that the measures will impact citizens’ First Amendment rights.

South Dakotans will have multiple ethics-related ballot measures to vote on this November.

Constitutional Amendment W, also known as the South Dakota Voter Protection and Anti-Corruption Amendment, would create an independent ethics commission, decrease limits on campaign donations, bar gifts from lobbyists to many public officials, and prevent the Legislature from altering or rejecting laws approved by ballot question without returning to the ballot.

More than 51 percent of voters supported a similar initiative in November 2016, but lawmakers repealed it in early 2017, citing constitutional concerns.

Also on the November ballot, Initiated Measure 24, would prohibit contributions to ballot question committees by non-residents, out-of-state political committees, and entities who have not filed with the secretary of state for the four years prior to making a contribution.