The effect of an invalid amendment on the prior statute was clearly answered in State v. Reed, 75 S.D. 300, 303, 63 N.W.2d 803, 804 (1954) wherein this Court stated, "[i]f such amendatory act is unconstitutional in its entirety, the law prior to its enactment is still in effect." The basis for this rationale was set forth in State v. Clark, 367 N.W.2d 168, 169 (N.D. 1985) which we cited with approval in Weegar v. Bakeberg, 527 N.W.2d 676, 678 (S.D. 1995). The Clark Court held:

"[W]hen legislation that is enacted to repeal, amend or otherwise modify an existing statute, is declared unconstitutional, it is a nullity and . . . the extant statute remains operative without regard to the unsuccessful and invalid legislation." State v. Clark, 367 N.W.2d 168, 169 (N.D. 1985).

[¶ 19] "[U]nconstitutional legislation is void and is to be treated as if it never were enacted." State v. Clark, 367 N.W.2d 168, 169 (N.D. 1985). When legislation "modify[ing] an existing statute is declared unconstitutional, it is a nullity and cannot affect the existing statute in any manner.

A statute found to be unconstitutional is void from its beginning and is to be treated as if it never existed. State v. Clark, 367 N.W.2d 168 (N.D. 1985). McGuire v. C L Restaurant Inc., 346 N.W.2d 605 (Minn. 1984); Briggs v. Campbell, Wyant Cannon Foundry, 379 Mich. 160, 150 N.W.2d 752 (1967).

Numerous states explicitly have applied the same principle of law to revive the language of criminal statutes purportedly superseded by an unconstitutional enactment. E.g., State v. Bloss, 64 Haw. 148, 637 P.2d 117 (1981), cert. denied, 459 U.S. 824, 103 S.Ct. 56, 74 L.Ed.2d 60 (1982); State v. Clayton, 233 La. 972, 99 So.2d 312 (1957); State v. Clark, 367 N.W.2d 168 (N.D. 1985); State v. Driver, 598 S.W.2d 774 (Tenn. 1980); see Clark v. State, 287 A.2d 660 (Del.), cert. denied, 409 U.S. 812, 93 S.Ct. 139, 34 L.Ed.2d 67 (1972). Other states likewise have applied the same principle in the context of matters directly related to the enforcement of criminal laws, including procedural concerns and forfeiture proceedings.

Unconstitutional legislation is void and is to be treated as if it never existed. State v. Clark, 367 N.W.2d 168 (N.D. 1985). An unconstitutional statute is just as inoperative as if it had never been enacted.

E.g., Sedlak v. Dick, 256 Kan. 779, 804-05, 886 P.2d 1119, 1136 (1995); Pickens County v. Pickens County Water and Sewer Authority, 312 S.C. 218, 220, 439 S.E.2d 840, 842 (1994); American Independent Party in Idaho, Inc. v. Cenarrusa, 92 Idaho 356, 359, 442 P.2d 766, 769 (1968); Selective Life Insurance Co. v. Equitable Life Assurance Soc. of the U.S., 101 Ariz. 594, 601, 422 P.2d 710, 717 (1967); Talbott v. City of Des Moines, 218 Iowa 1397, 257 N.W. 393, 394-95 (1934). Another formulation of the same rule is set forth in State v. Clark, 367 N.W.2d 168, 169 (N.D. 1985): It is well established that unconstitutional legislation is void and is to be treated as if it never were enacted.