The fight over expanding a statewide smoking ban may not wait until the 2010 election.

The South Dakota Tobacco-Free Kids Network on Thursday filed a challenge to referendum election petition signatures that suspended the ban from taking effect July 1.

The network in a five-day audit found nearly 39 percent of the 25,400 petition's signatures were not provided by valid registered voters, chairman Dr. Allen Nord of Rapid City said.

The group is now asking Secretary of State Chris Nelson to review every signature on the petitions, rather than the random 5 percent sample that is required before approval, Nord said. Nelson on June 25 said enough signatures passed the sampling to qualify the petition for the election.

The petitions, filed June 22, must contain at least 16,776 valid signatures to bring the issue to a public vote.

"If he approves the petition and can verify that they actually have the number needed, then we are very willing to follow that and we will prepare for an election in November of 2010," Nord said.

Lobbyist Larry Mann, also of Rapid City, spearheaded the petition signature drive by Citizens for Individual Freedom. Before submitting the petitions, he said the group had reviewed the forms and was confident it obtained more than enough signatures to force the vote.

The controversy is over HB1240, which expands the 2002 state ban on smoking in businesses and public places to include bars and casinos. The South Dakota Legislature this year approved extending the ban, and Gov. Mike Rounds signed the measure into law.

If Nelson ultimately rejects the referendum petitions, Nord said the law would go into effect. Nelson could not be reached for comment Thursday.

Nord said the network, which is supported by 54 organizations throughout the state, is confident the ban would be approved in a statewide election and is taking the fight for a ban seriously, he said.

In South Dakota, an estimated 130 people die from second-hand smoke each year, Nord said, and the network has worked for at least a decade for legislation to improve health conditions in the state.

The ballot-issue coalition contends the smoking ban is a government mandate that infringes on business decisions. Ban opponents include the Deadwood Gaming Association, Licensed Beverage Dealers of South Dakota, Music and Vending Association of South Dakota and Video Lottery Establishments of South Dakota.