concurring specially.
[¶ 18] I concur specially.
[¶ 19] As stated in the majority opinion, Stumes is a convicted felon and incarcerated in the South Dakota State Penitentiary. While imprisoned in the State Penitentiary, Stumes’ right to vote is automatically suspended. SDCL 23A-27-35.1 Since Stumes has no right to vote for legislators while imprisoned, he clearly has no right to challenge their legislative actions that do not affect him directly.
*595[¶ 20] Although a taxpayer or elector who seeks to protect a public right may do so without showing a special “injury” or “interest,” it would be illogical and inconsistent to permit someone who has no right to vote for legislators to challenge a general legislative act. SDCL 23A-27-35. Therefore, Stumes has no standing to challenge a general legislative act and his action should be dismissed.2
. SDCL 23A-27-35 provides:
A sentence of imprisonment in the state penitentiary for any term suspends the right of the person so sentenced to vote, to hold public office, to become a candidate for public office and to serve on a jury, and forfeits all public offices and all private trusts, authority or power during the term of such imprisonment. Any person who is serving a term in any penitentiary shall be a competent witness in any action now pending or hereafter commenced in the courts of this state, and his deposition may be taken in the same manner prescribed by statute or rule relating to taking of depositions. After a suspension of sentence pursuant to § 23A-27-18, upon the termination of the time of the original sentence or the time extended by order of the court, a defendant's rights withheld by this section are restored.
. As indicated in the majority opinion, this decision does not prevent an imprisoned felon from bringing a lawsuit to enforce his legal rights concerning his case or living conditions. The United States Supreme Court has guaranteed "meaningful” access to the courts, Bounds v. Smith, 430 U.S. 817, 822, 97 S.Ct. 1491, 1495, 52 L.Ed.2d 72, 79 (1977), and placed the burden upon the states to provide the tools for that access. Id. at 824, 97 S.Ct. at 1496, 52 L.Ed.2d at 80-81. However, as noted by the majority, the tools are guaranteed “in order to attack ['inmates’] sentences, directly or collaterally, and in order to challenge the conditions of their confinement.” Lewis v. Casey, - U.S. -, -, 116 S.Ct. 2174, 2182, 135 L.Ed.2d 606, 620 (1996).
A prisoner “can maintain no actions except those which concern his personal liberty and are based on natural rights as distinguished from legal rights. He may be sued, and in such case he can defend.” Miller v. Turner, 64 N.D. 463, 253 N.W. 437, 439 (1934). Other courts have held prisoners have the right to be heard in civil cases, but do not have the right to personally appear. See Throndset v. Hawkenson, 532 N.W.2d 394, 397 (N.D.1995); Rogers v. Youngblood, 226 Ind. 165, 78 N.E.2d 663, 665 (1948). These cases are based on the common-law concept of “civil death,” which “substantially deprived one of his legal capacities and extinguished at least partially his civil rights.... The disability to appear as a plaintiff was said to be attributable to the forfeiture of the felon's estate, which resulted in the lack of remedial interest in the cause of action.” Richard P. Taylor, Annotation, Right in the Absence of Express Statutory Authorization, of One Convicted of Crime and Imprisoned or Paroled, to Prosecute Civil Action, 74 ALR3d 680, 685 (1976).
There is contrary authority from courts which hold that unless a civil right is specifically taken away by statute, the prisoner retains that right. See Bosteder v. Duling, 115 Neb. 557, 213 N.W. 809, 812 (1927) ("Civil death, as known to the common law, is without place in our jurisprudence.”) (holding that the rights to vote, to be a juror and to hold public office were specifically taken away by statute but other rights were not specifically taken away); Chesapeake Util. Corp. v. Hopkins, 340 A.2d 154, 155 (Del.1975) ("Statutes suspending the civil rights of imprisoned felons are penal and may not be extended by implication.”). However, the position expressed herein is not an extension by implication of SDCL 23A-27-35, supra note 1, but inherent in the legislation itself.