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Home » US Law » 2022 South Dakota Codified Laws » Title 12 - Elections » Chapter 13 - Constitutional Amendments And Submitted Questions

Section 12-13-1.1 – Requirements for elections beginning in 2018.

12-13-1.1. Requirements for elections beginning in 2018. The provisions of §§12-13-1, 12-13-9, 12-13-23, and 12-13-25.1 apply to any recitation prepared for an initiated amendment to the Constitution, initiated measure, and referred law certified to appear on a ballot beginning with any election in 2018. Source: SL 2018, ch 77, §5.

Section 12-13-11 – Materials printed on ballot in lieu of full text–Separate ballot.

12-13-11. Materials printed on ballot in lieu of full text–Separate ballot. The title, explanation, recitation, place for voting, and statement as required by this chapter shall be printed on the ballot in lieu of the law, measure, constitutional amendment, or other question to be submitted to a vote of the people. All proposed constitutional amendments […]

Section 12-13-16 – Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor.

12-13-16. Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor. Any person knowingly printing, publishing, or delivering to any voter of this state a document containing any purported constitutional amendment, question, law, or measure to be submitted to the voters at any election, in which such constitutional amendment, question, law, […]

Section 12-13-2 – Measures and questions to be sent to official newspapers.

12-13-2. Measures and questions to be sent to official newspapers. The county auditor shall, on or before the first day of October of each year in which there is a general election, send by electronic transmission or mail to each official newspaper of the county a copy of all measures and questions as certified pursuant […]

Section 12-13-23 – Distribution of public information.

12-13-23. Distribution of public information. The secretary of state shall distribute public information on any amendment to the Constitution, initiated measure, or referred law submitted to the electors for approval. The secretary of state shall compile the public information by printing a statement in support of the amendment to the Constitution, initiated measure, or referred […]

Section 12-13-24 – Style, form, and wording of initiative or initiated amendment.

12-13-24. Style, form, and wording of initiative or initiated amendment. Each initiative or initiated amendment to the Constitution shall be written in a clear and coherent manner in the style and form of other legislation. Each initiative or initiated amendment to the Constitution shall be worded so that the effect of the measure is not […]

Section 12-13-25 – Review and comment–Legislative Research Council–Opinion.

12-13-25. Review and comment–Legislative Research Council–Opinion. The sponsors of each initiated measure or initiated amendment to the Constitution shall submit a copy of each version of the initiated measure or initiated amendment to the Constitution to the director of the Legislative Research Council for review and comment not more than six months before it may […]

Section 12-13-25.1 – Attorney general’s statement–Initiated measure–Initiated amendment.

12-13-25.1. Attorney general’s statement–Initiated measure–Initiated amendment. Following receipt of the written comments of the director of the Legislative Research Council, the sponsors shall submit a copy of the proposed initiated measure or initiated amendment to the Constitution in final form to the attorney general, the secretary of state, and the director of the Legislative Research […]

Section 12-13-25.2 – Exception to time for director’s comments.

12-13-25.2. Exception to time for director’s comments. If the director of the Legislative Research Council receives any initiated measure or initiated amendment to the Constitution from the first day of December to the day of adjournment sine die of the following legislative session, inclusive, the director shall provide written comments as required pursuant to §12-13-25 […]

Section 12-13-26 – Unreviewed initiatives or initiated amendments unacceptable–Uncertified initiated amendments unacceptable.

12-13-26. Unreviewed initiatives or initiated amendments unacceptable–Uncertified initiated amendments unacceptable. The secretary of state may not accept any initiative or initiated amendment to the Constitution unless such initiative or initiated amendment to the Constitution has been submitted to the director of the Legislative Research Council and the director has reviewed and commented on such initiative […]

Section 12-13-26.1 – Initiated amendment–Written certification by secretary of state–Resubmission.

12-13-26.1. Initiated amendment–Written certification by secretary of state–Resubmission. Upon receiving a proposed initiated amendment to the Constitution, the secretary of state shall provide written certification to the sponsors, the attorney general, and the director of the Legislative Research Council that the initiated amendment embraces only one subject and is an amendment to the Constitution under […]

Section 12-13-26.2 – Action to challenge the secretary of state’s decision–Time limits–Promulgation of rules.

12-13-26.2. Action to challenge the secretary of state’s decision–Time limits–Promulgation of rules. If the secretary of state does not certify an initiated amendment to the Constitution pursuant to § 12-13-26.1, the sponsor may directly appeal the secretary of state’s decision to the Supreme Court within fifteen days after receiving notice from the secretary of state. […]

Section 12-13-27 – Special elections for constitutional amendments–Procedural changes–Reimbursement of costs.

12-13-27. Special elections for constitutional amendments–Procedural changes–Reimbursement of costs. Notwithstanding any other provision of law, the Legislature may set a date for a special election for a statewide vote on any constitutional amendment proposed by the Legislature, pursuant to S.D. Const., Art. XXIII, §§1 and 3, and may provide in its resolution proposing such constitutional […]

Section 12-13-28 – Employment and compensation of petition circulators.

12-13-28. Employment and compensation of petition circulators. No person may employ, reward, or compensate any person to circulate a petition for an initiated measure, referred law, or proposed amendment to the South Dakota Constitution based on the number of registered voters who signed the petition. Nothing in this section prohibits any person from employing a […]

Section 12-13-3 – Newspaper publication of submitted questions–Compensation–Suspension of status on failure to publish–Election valid despite refusal to publish.

12-13-3. Newspaper publication of submitted questions–Compensation–Suspension of status on failure to publish–Election valid despite refusal to publish. It shall be the duty of each official newspaper of the county to publish once not less than two nor more than four weeks prior to each general election full copies of that material supplied pursuant to §12-13-2, […]

Section 12-13-4 – Lettering and numbering of submitted questions.

12-13-4. Lettering and numbering of submitted questions. Beginning with the 2004 general election and each election thereafter, each constitutional amendment shall be consecutively designated by a letter until each letter of the alphabet has been used for purpose of preparing the official ballots and notices. If all the letters have been used, the next constitutional […]

Section 12-13-9 – Attorney general’s statement regarding constitutional amendment proposed by legislature or referred law.

12-13-9. Attorney general’s statement regarding constitutional amendment proposed by legislature or referred law. Before the third Tuesday in May, the attorney general shall deliver to the secretary of state an attorney general’s statement for each amendment to the Constitution proposed by the Legislature, and any referred law from an odd year. The attorney general’s statement […]

Section 12-13-9.1 – Availability of attorney general’s explanation of proposed questions.

12-13-9.1. Availability of attorney general’s explanation of proposed questions. The secretary of state shall, immediately upon delivery from the attorney general, make the attorney general’s statement for each proposed amendment to the Constitution, each initiated measure, and each referred law available to any person upon request. Source: SL 2006, ch 67, §6; SL 2007, ch […]

Section 12-13-9.2 – Action to challenge adequacy of attorney general’s statement–Appeal–Time limits.

12-13-9.2. Action to challenge adequacy of attorney general’s statement–Appeal–Time limits. If the proponents or opponents of a proposed amendment to the Constitution, initiated measure, or referred measure believe that the attorney general’s statement does not satisfy the requirements of §12-13-9 or §12-13-25.1, they shall, within seven days of delivery of the statement to the secretary […]