Main Street Fairness Initiative

South Dakota businesses deserve a level playing field.

That’s why on April 17, I’m headed to the United States Supreme Court to fight for the fairness that South Dakotans deserve.

I won’t be fighting alone. You’ve supported me every step of the way, and I’ll be thinking of the people of South Dakota when I enter the chambers of our nation’s highest court and give the most important argument of my lifetime. President Trump is joining us, too. So have 45 other states.

Our case is strong, and our argument is firmly rooted in the idea that out-of-state internet retailers like Amazon, Wayfair, and Overstock should have the same sales tax requirements as our South Dakota businesses.

In 2016, the South Dakota Legislature had the courage to pass a law requiring internet retailers to collect and remit the same sales tax collected by South Dakota businesses. For the law to take effect, the Supreme Court will have to overturn a 1992 case called Quill v North Dakota, which requires retailers to have a physical presence in a state before they can be required to collect sales taxes.

That decision, however, was made before the rise of the internet. Times have changed. It’s not right that businesses in your hometown face an uphill battle against internet giants simply because Congress has refused for 26 years to solve this problem.

We’re confident as we prepare South Dakota’s case. We have our critics who say that winning this case for South Dakota will lead to catastrophe, but they’re simply wrong. Victory in this historic case will lead to fairness for our businesses, an additional $50 million for state and local government, and millions in additional economic activity for the state. That’s why low-tax conservatives are supporting our efforts. The taxes paid by out-of-state retailers are taxes South Dakotans don’t have to pay.

That’s worth fighting for, and your attorney general is ready to get the job done.

Thank you for standing with me as we head to Washington for the fight of our time.

Sincerely,

Marty