Tuesday,  May 22, 2012 • Vol. 12--No. 313 • 30 of 40 •  Other Editions

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said it's not considering changing the filler's name. Instead, Beef Products set up a website, beefisbeef.com, to combat what it calls "media-perpetuated myths" about the filler.
• Meanwhile, the author of the term "pink slime" makes no apologies about his creation. Zirnstein, who has since left the USDA, said he thinks "pink slime" is a better descriptor than "lean finely textured beef."
• "It says it's lean. Great. But it doesn't describe what kind of lean it is," said Zirnstein, who doesn't think the product should be mixed into beef. "Textured. What does that mean?"

SD judge: Democratic candidate can be on ballot
CHET BROKAW,Associated Press

• PIERRE, S.D. (AP) -- A farmer from Madison can be placed on the November ballot as a Democratic candidate for the South Dakota Senate even though his nominating petition was technically flawed, a judge ruled Monday.
• Secretary of State Jason Gant, the state's chief election officer, had rejected the nominating petition filed by Charles Johnson because it stated on one line that signers were from Lake County instead of from District 8, which includes three other counties.
• But Circuit Judge Mark Barnett of Pierre said Johnson's nominating petition substantially complied with legal requirements because another line clearly said Johnson is running for the state Senate in District 8.
• "I find no one was misled," Barnett said.
• Barnett ruled in the case at the end of a brief hearing, saying he needed to issue a decision quickly in case Gant decides to appeal to the South Dakota Supreme Court. Gant said a decision on a possible appeal would be made later.
• Barnett tentatively scheduled another hearing for Friday to decide if a second Democrat, David Mitchell, a professor at Dakota Wesleyan in Mitchell, should be on the ballot as a state House candidate.
• If Johnson and Mitchell are placed on the ballot, neither would face a primary contest, so final court decisions -- including possible appeals -- are not required until later in the year when ballots are printed for the November election.
• In Monday's hearing, the judge said Gant acted properly when he rejected Johnson's nominating petition because the state's top election officer must strictly apply the laws and rules. If Gant, a Republican, used discretion to decide which flawed petitions substantially comply with the law, he could be accused of favoring one political party over another, Barnett said.

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