State of South Dakota
LEGISLATIVE ASSEMBLY, 2018
||HOUSE BILL NO. 1304 |
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 and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-17.1 be amended to read:
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
(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.
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
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
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,
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
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.
Section 3. That chapter 2-1 be amended by adding a NEW SECTION to read:
For any challenge of a validated petition under § 2-1-18 that is successful, the person who challenged the petition may recover from the Office of the Secretary of State fifty percent of reasonable and ordinary legal costs incurred during the successful challenge.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.