PIERRE, S.D. (KELO) — The effort to convince a circuit judge to declare invalid South Dakota’s constitutional amendment legalizing and taxing recreational marijuana for people at least age 21 has a new twist.

Lawyers for the two law enforcement supervisors seeking to overturn the November 3 election result contend it was the first time in South Dakota history that voters ratified an initiated constitutional amendment adding a new article to the state constitution.

South Dakota Highway Patrol superintendent Rick Miller and Pennington County Sheriff Kevin Thom want Circuit Judge Christina Klinger to throw out the vote on Amendment A because it didn’t follow the process set in the state constitution.

Lawyer Matt McCaulley, who’s on a state contract for the governor’s office, has submitted to the judge a list of all constitutional amendment votes held in South Dakota.

The judge hadn’t yet set a hearing date as of 2 p.m. Wednesday.

The office of state Attorney General Jason Ravnsborg is defending the amendment and Secretary of State Steve Barnett. The amendment’s sponsor is former U.S. Attorney Brendan Johnson, whose firm has intervened in the case.