Charles Mix County commissioners reject proposed election ordinance after legal review

The Charles Mix County Board of Commissioners voted unanimously May 9 to reject a county initiative petition that sought to adopt an ordinance defining local election procedures.

Auditor Jason Gant presented the petition and told the board the petition sponsor had submitted more than the number of signatures required for validation. The board then heard a legal presentation from attorney Sara Frankenstein, who reviewed relevant state and federal laws, the Help America Vote Act and court cases the board should consider when assessing the petition’s scope.

Public comments in the meeting supported the proposed ordinance. After discussion, Commissioner Nick Stotz moved, and Vice Chairman Colin Soukup seconded, a motion “to reject the County Initiative Petition as filed because the action requested in the Petition exceeds the power the Commission would have in adopting an Ordinance.” The board approved the motion on a roll-call vote: Soukup Yes; Stotz Yes; Mushitz Yes (3-0).

The board recorded no immediate amendment or referral of the petition for legal revision; commissioners indicated the basis for rejection was the petition’s requested scope relative to the board’s statutory authority. The action closes the matter at the county-commission level; any further remedy would depend on the petition sponsor’s next steps outside the recorded decision.

The board took no other formal action on the petition during the meeting.