2-1-1. Initiative petitions–Number of signatures required. All measures proposed by initiative shall be presented by petition. The petition shall be signed by not less than five percent of the qualified electors of the state. Source: SDC 1939, §55.0401; SL 1957, ch 278, §1; SL 1976, ch 105, §76; SL 1978, ch 19, §1; SL 1989, […]
2-1-1.1. Initiated constitutional amendment–Petition–Contents–Signatures and filing. The petition as it is to be circulated for an initiated amendment to the Constitution shall be filed with the secretary of state, including an electronic copy of the petition as it is to be circulated, prior to circulation for signatures and shall: (1)Contain the full text of the […]
2-1-1.2. Initiated measure–Petition–Contents–Signatures and filing. The petition as it is to be circulated for an initiated measure shall be filed with the secretary of state, including an electronic copy of the petition as it is to be circulated, prior to circulation for signatures and shall: (1)Contain the full text of the initiated measure in fourteen-point […]
2-1-1.3. Definitions. Terms used in this chapter mean: (1)”Circulates,” either: (a)Physically presents or otherwise makes available a ballot measure petition to another person for that person’s signature; or (b)Solicits from another person, personally and in the presence of such other person, a signature on a ballot measure petition, while acting in concert with another person […]
2-1-1.5. Paid circulators–Application for registration–Process–Certification requirements. Prior to circulation of any petition for a ballot measure, a paid circulator shall submit an application to the secretary of state, obtain a circulator identification number, and be included in a directory of registered paid circulators. For each ballot measure on which a paid circulator seeks to circulate […]
2-1-1.6. Paid circulators–Directory. The secretary of state shall develop and maintain a directory, available upon request and payment of reasonable fees, that contains information provided by each paid circulator under §2-1-1.5. Providing a copy of the application submitted under §2-1-1.5, together with any update to the information contained in the application, is sufficient to fulfill […]
2-1-1.7. Registration fees. A paid circulator who registers under §2-1-1.5 shall pay to the secretary of state a registration fee for each ballot question committee represented by the paid circulator. The registration fee for a paid circulator is twenty dollars. The registration fee shall be deposited in the state general fund. Source: SL 2019, ch […]
2-1-1.8. Identification number and badge. Following receipt of any application under §2-1-1.5 and a registration fee under §2-1-1.7, if any, the secretary of state shall issue the paid circulator a circulator identification number and badge that contains the information required under §2-1-1.9. Source: SL 2019, ch 14, §6, eff. July 1, 2020; SL 2020, ch […]
2-1-1.9. Paid circulator badge–Requirement–Violation as misdemeanor. A person shall wear the badge issued under §2-1-1.8 which shall be visible at all times while acting as a paid circulator. The badge shall contain the words “paid petition circulator.” The badge may not state the name of the petition circulator. A person is guilty of a Class […]
2-1-10. Verification of petition circulator–Violation as misdemeanor. Before filing a petition to initiate an amendment to the Constitution, initiated measure, or referred law with the officer in whose office the petition is required to be filed, each petition circulator shall sign a verification attesting that the circulator personally circulated the petition and is not attesting […]
2-1-11. Petitions liberally construed. The petitions herein provided for shall be liberally construed, so that the real intention of the petitioners may not be defeated by a mere technicality. Source: SDC 1939, §55.0406.
2-1-11.1. Initiated measure to embrace only one subject. No initiated measure may embrace more than one subject, which shall be expressed in the title. Source: SL 2018, ch 23, §1.
2-1-12. Effective date of measures approved by voters. Each constitutional amendment, initiated measure, or referred law that is approved by a majority of all votes cast is effective on the first day of July after the completion of the official canvass by the State Canvassing Board. Source: SL 1979, ch 11, §2; SL 2017, ch […]
2-1-14. Signatures secured contrary to law not to be counted. All signatures secured in a manner contrary to the provisions of state law shall not be counted. Source: SL 1988, ch 23, §2; 1st SS 1991, ch 1, §§3, 4; SL 2019, ch 15, §1.
2-1-15. Examination of petition by secretary of state–Signature not to be counted unless person is registered voter and information is accurate and complete. Upon the receiving of any initiative petition, referred law petition, or initiated constitutional amendment petition, the secretary of state shall examine the petition. No signature of a person shall be counted by […]
2-1-16. Signatures to be verified by random sampling–Methodology. The secretary of state shall verify the signatures pursuant to §2-1-15 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample. The […]
2-1-17. Certification of results of random sampling–Notification of petition sponsors. If the random sample indicates that a sufficient number of qualified electors have signed the petition, the secretary of state shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure or amendment on the […]
2-1-17.1. Submission of affidavit challenging petition to secretary of state–Appeal. Not more than thirty days after a statewide petition for an initiated amendment to the Constitution, initiated measure, or referred law has been validated and filed, any interested person who has researched the signatures contained on the petition may submit a sworn affidavit to the […]
2-1-18. Court challenge to petition. Nothing in §§2-1-15 to 2-1-18, inclusive, prohibits any interested person who has researched the signatures contained on a validated petition from challenging in circuit court the validity of any signature, the veracity of the petition circulator’s attestation, or any other information required on a petition by statute or administrative rule, […]
2-1-2.2. Withdrawal of initiated constitutional amendment. A petition of the voters proposing an amendment to the Constitution may be withdrawn within the meaning of section 3 of article XXIII of the Constitution not later than one hundred twenty days prior to the next general election, if not less than two-thirds of the named sponsors file […]
