2018 House Bill 1304 - House

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

157Z0329   HOUSE ENGROSSED    NO.  HB 1304 -  2/13/2018  

Introduced by:    Representatives Mickelson, Bartels, Goodwin, Gosch, Heinemann, Jensen (Kevin), Lake, Peterson (Kent), Qualm, Stevens, and Willadsen and Senators Curd, Maher, Novstrup, Otten (Ernie), and Partridge
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding challenges to petition signatures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 2-1-17.1 be amended to read:
    2-1-17.1. Within Not more than thirty days after a statewide petition for an initiated constitutional amendment to the Constitution, initiated measure, or referendum referred law has been validated and filed, any interested person who has researched the signatures contained on the petition may submit an a sworn affidavit to the Office of Secretary of State to challenge the petition. The sworn affidavit shall include an itemized listing of each specific deficiency in question. Any challenge to the following items is prohibited under this challenge process other than the following:
            (1)    Signer does not live at address listed on the petition;
            (2)    Circulator does not live at address listed on the petition;
            (3)    Circulator listed a residence address in South Dakota but is not a South Dakota

resident;

            (4)    Circulator did not witness the signers;
            (5)    Signatures not included in the random sample; and
            (6)    Petition that was originally rejected.
    Any challenge by the same person or party in interest shall be included in one sworn affidavit.
    The original signed sworn affidavit shall be received by the Office of Secretary of State by 5:00 p.m. central time on the deadline date. If the sworn affidavit challenges any item deficiency that is prohibited by under this section, only that line item deficiency shall summarily be rejected. A challenge to a line item deficiency is not a challenge to the petition as a whole.
    The secretary of state's decision regarding a challenge No deficiency may not be challenged a second time with the secretary of state, but. The secretary of state's decision regarding a challenge under this section may be appealed to the circuit court of Hughes County. If a Any person fails to who does not challenge a petition pursuant to this section, it does not deny that person any other legal remedy to challenge the filing of an initiative or referendum petition in circuit court. A challenge to a petition in circuit court may include items prohibited in this section may bring a challenge pursuant to § 2-1-18.
    Section 2. That § 2-1-18 be amended to read:
    2-1-18. 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 signatures any signature, the veracity of the petition circulator's attestation, or any other information required on a petition by statute or administrative rule. A challenge to a petition in circuit court may include items, including any deficiency that is prohibited in from challenge under § 2-1-17.1. The results of the process of signature verification by the Office of

the Secretary of State under chapter 2-1 shall be presumed valid as applied to all signatures for purposes of considering any additional ground for disqualifying petition signatures, including any ground listed in subdivisions 2-1-17.1(1) to 2-1-17.1(4), inclusive, and cumulating total valid signatures to determine the results of an appeal under § 2-1-17.1. The summons and complaint for a challenge under this section shall be served on each petition sponsor as a party defending the validated petition being challenged. Any appearance by the attorney general at a challenge under this section shall be limited to the process of signature verification by the Office of the Secretary of State under chapter 2-1.

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