94
th Legislative Session _ 2019
Committee: House State Affairs
Wednesday, February 06, 2019
P - Present
E - Excused
A - Absent
Roll Call
P Anderson
P Dennert
P Diedrich
P Goodwin
P Gosch
P Hansen
P Haugaard
P Jensen (Kevin)
P Peterson (Kent)
P McCleerey
P Smith (Jamie)
P Beal, Vice-Chair
P Qualm, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Qualm.
MOTION: TO APPROVE THE MINUTES OF JANUARY 30, 2019
Moved by: Peterson (Kent)
Second by: McCleerey
Action: Prevailed by voice vote.
HB 1093: establish legal standards applicable to petition challenges.
Presented by: Representative Jon Hansen
MOTION: AMEND HB 1093
1093wa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 2-1-14 be amended to read:
2-1-14. All signatures secured in a manner contrary to the provisions of this chapter may not be
counted, including signatures gathered by a petition circulator who provides false information to the
secretary of state, solicits or gathers signatures in violation of this chapter, or is compensated in a
manner inconsistent with the payment listed on the petition form or in violation of § 12-13-28.
Section 2. That § 2-1-15 be amended to read:
2-1-15. 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 may be
counted by the secretary of state unless the person is a registered voter in the county indicated on the
signature line. No signature of a person may be counted if the information required on the petition form
is not accurate or complete.
Section 3. That chapter 2-1 be amended by adding a NEW SECTION to read:
At any time after a statewide petition for an initiated amendment to the Constitution, initiated
measure, or referred law has been filed, any interested person may challenge the petition by submitting
a sworn affidavit to the attorney general that includes each specific deficiency or violation that may
include that the petition circulator:
(1) Submitted false or incomplete testimony to secretary of state;
(2) Does not live at the address listed on the petition;
(3) Listed a residence address in this state but is not a resident of this state;
(4) Solicited or secured signatures in violation of this chapter; or
(5) Is compensated in a manner inconsistent with the payment listed on the petition form or in
violation of § 12-13-28.
Every challenge under this section by the same interested person shall be included in the same
sworn affidavit.
If an affidavit contains sufficiently specific and reliable information to show that probable cause
exists for an investigation, the attorney general shall conduct an investigation of the alleged deficiency
or violation. If the attorney general determines a petition contains a deficiency or a petition circulator
committed a violation, all signatures collected by that petition circulator may not be counted. The
attorney general shall notify the secretary of state of any determination under this section.
The attorney general's determination under this section may be appealed to the circuit court of
Hughes County. A person who does not challenge a petition under this section may bring a challenge
under § 2-1-18.
Section 4. 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 any signature, the veracity of the petition circulator's attestation, or any other information required
on a petition by statute or administrative rule, including any deficiency that is prohibited 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. The petition sponsor
shall pay all reasonable attorney's fees generated by the attorney general for any appearance under this
section.
Section 5. That § 2-1-15 be amended to read:
2-1-15. Upon the receiving of any initiative petition, referred law petition, or initiated constitutional
amendment petition, the secretary of state shall examine the petition. Any signatures gathered by a
petition circulator determined to be deficient or in violation of this chapter under section 3 of this Act
shall be removed prior to any process for signature verification under § 2-1-16. No signature of a person
may be counted by the secretary of state unless the person is a registered voter in the county indicated
on the signature line. No signature of a person may be counted if the information required on the
petition form is not complete. "
Moved by: Hansen
Second by: Haugaard
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1093 UNTIL ANOTHER DAY
HB 1097: repeal provisions regarding certain disclosures on campaign communications.
Presented by: Representative Steve Livermont (Handout: #1)
Opponents: Tony Venhuizen, Office of the Governor
David Bordewyk, South Dakota Newspaper Association
Others: Kea Warne, Office of the Secretary of State
MOTION: DEFER HB 1097 TO THE 41
ST LEGISLATIVE DAY
Moved by: Dennert
Second by: Hansen
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Anderson, Dennert, Diedrich, Goodwin, Gosch, Hansen, Haugaard, Jensen (Kevin),
Peterson (Kent), McCleerey, Smith (Jamie), Beal, Qualm
HB 1094: revise certain programs regarding transparency of the petition circulation process.
Presented by: Representative Jon Hansen
MOTION: AMEND HB 1094
1094wa
On the printed bill, delete everything after the enacting clause and insert:
" Section1. That § 2-1-1.3 be amended to read:
2-1-1.3. Terms used in this chapter mean:
(1) "Petition circulator," the same as the term is defined under § 12-1-3 a person who is a
resident of this state for at least thirty days prior to registration as a petition circulator, is at
least eighteen years of age, and who circulates, for pay or as a volunteer, petitions or solicits
petition signatures from members of the public for the purpose of placing ballot measures
on any statewide election ballot;
(2) "Petition sponsor," any person who proposes the placement of a statewide ballot measure
on the ballot;
(3) "Ballot measure," any measure placed on a statewide ballot in accordance with §§ 2-1-1.1,
2-1-1.2, or 2-1-3.1;
(4) "Paid circulator," any person who receives money or anything of value to be a petition
circulator;
(5) "Volunteer circulator" any person who does not receive money or anything of value to be
a petition circulator.
Section 2. That § 2-1-1.4 be repealed.
2-1-1.4. A sworn affidavit filed with the secretary of state pursuant to § 2-1-1.1, 2-1-1.2, or 2-1-3.1
shall include information attesting to residency as defined in § 12-1-4 of each petition circulator. The
following information shall be included in the affidavit:
(1) Current state in which the petition circulator is licensed to drive, driver license number, and
expiration date;
(2) Current state of voter registration;
(3) Length of time at current physical street address and previous two addresses, and whether
the prior addresses were located in South Dakota;
(4) A sworn statement by the petition circulator indicating the circulator's intention to stay in
the state after the petition circulation deadline;
(5) Any other information relevant to indicate residency, including a library card or utility bill;
(6) Whether the petition circulator pays in-state tuition at any public postsecondary educational
institution, if applicable; and
(7) Whether the petition circulator obtains any resident hunting or resident fishing license of any
kind, if applicable.
The information included in the affidavit are factors in determining residency but are not
determinative. The contents under this section of any affidavit filed with the secretary of state shall be
held confidential by the secretary of state, and the secretary of state may release the contents only to an
interested person for purposes of § 2-1-18 and to the attorney general. Failure to substantially comply
with the provisions of this section shall disqualify the petitions from a petition circulator not in
substantial compliance with this section from being considered.
Section 3. That chapter 2-1 be amended by adding a NEW SECTION to read:
Prior to circulation of any petition for a ballot measure, a petition circulator shall submit an
application to the secretary of state, obtain a circulator identification number, and be included in a
directory of registered petition circulators. For each ballot measure on which a petition circulator seeks
to circulate a petition, the petition circulator shall complete a sworn affidavit including the circulator's
name, age, physical address of current residence, physical address of prior residence if current residence
is less than one year, email address, phone number, state of issuance for driver license, state of voter
registration, occupation, the ballot question committee supporting the ballot measure, whether the
petition circulator will be volunteer or paid, and whether the petition circulator is a registered sex
offender. The affidavit under this section shall be submitted to the office of the secretary of state. If any
statement included in the petition circulator's affidavit is determined to be false, any signatures collected
by the petition circulator are void and may not be counted. Petition sponsors shall provide a list to the
secretary of state of any person acting as a petition circulator for the sponsor's ballot measure, whether
the petition circulator is paid or volunteer and, if paid, the rate of compensation.
A petition circulator and petition sponsor shall update any information required under this section
with the secretary of state not more than seven days of any change.
Section 4. That chapter 2-1 be amended by adding a NEW SECTION to read:
The secretary of state shall develop and maintain a directory, to be made available on the website
maintained by the Office of the Secretary of State, that contains information provided by each petition
circulator under section 3 of this Act and classifies each petition circulator as paid or volunteer.
Providing a copy of the sworn affidavit submitted under section 3 of this Act, together with any update
to the information contained in the affidavit, is sufficient to fulfill the requirements of this section. Any
information contained in the directory shall be a public record for purposes of chapter 1-25.
Section 5. That chapter 2-1 be amended by adding a NEW SECTION to read:
A paid petition circulator who registers under section 3 of this Act shall pay to the secretary of state
an annual registration fee for each ballot question committee represented by the petition circulator. The
annual registration fee for a paid circulator is twenty dollars. The annual registration fee shall be
deposited in the state general fund.
The fee under this section does not apply to any volunteer circulator.
Section 6. That chapter 2-1 be amended by adding a NEW SECTION to read:
Following receipt of any application under section 3 of this Act and a registration fee under section
5 of this Act, if any, the secretary of state shall issue the petition circulator a circulator identification
number and badge that contains the information required under section 7 of this Act.
Section 7. That chapter 2-1 be amended by adding a NEW SECTION to read:
A person shall wear the badge issued under section 6 of this Act which shall be visible at all times
while acting as a petition circulator. The badge shall contain the words "petition circulator," and include
the identity of the ballot question committee on behalf of which the petition circulator is registered, the
circulator identification number, and a designation as either "paid" or "volunteer." The badge may not
state the name of the petition circulator. A badge for each year shall be of a different color than a
different year as designated by the secretary of state. A person is guilty of a Class 2 misdemeanor if the
person acts as a petition circulator without wearing a badge issued under section 6 of this Act.
Section 8. That § 2-1-1.1 be amended to read:
2-1-1.1. The petition as it is to be circulated for an initiated amendment to the Constitution shall
be filed with the secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated amendment;
(2) Contain the date of the general election at which the initiated amendment is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized affidavit form signed by each person who is a petition
sponsor that includes the name and address of each petition sponsor; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition circulator shall provide to each person who signs the petition a form containing the title
and explanation of the initiated amendment to the Constitution as prepared by the attorney general; any
fiscal note prepared pursuant to § 2-9-30; the name, phone number, and email address of each petition
sponsor;
the name, phone number, and email address of the petition circulator; and a statement whether
the petition circulator is a volunteer or paid
petition circulator and, if a paid circulator, the amount the
circulator is being paid
; and the petition circulator's circulator identification number. The form shall
be approved by the secretary of state prior to circulation.
The petition circulator's circulator
identification number shall be printed on each signature page of a ballot measure petition the circulator
circulates.
For any initiated amendment petition, no signature may be obtained more than twenty-four months
preceding the general election that was designated at the time of filing of the full text. The initiated
amendment petition shall be filed with the secretary of state at least one year before the next general
election. A sworn affidavit, signed by at least two-thirds of the petition sponsors,
containing
information required for each petition circulator as required under § 2-1-1.4 and stating that the
documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains
a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition,
including petition size and petition font size, and the affidavit shall be prescribed by the State Board
of Elections.
Section 9. That § 2-1-1.2 be amended to read:
2-1-1.2. The petition as it is to be circulated for an initiated measure shall be filed with the secretary
of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated measure;
(2) Contain the date of the general election at which the initiated measure is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized affidavit form signed by each person who is a petition
sponsor that includes the name and address of each petition sponsor; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition circulator shall provide to each person who signs the petition a form containing the title
and explanation of the initiated measure as prepared by the attorney general; any fiscal note prepared
pursuant to § 2-9-30; the name, phone number, and email address of each petition sponsor; the name,
phone number, and email address of the petition circulator; and a statement whether the petition
circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator
is being paid; and the petition circulator's circulator identification number. The form shall be approved
by the secretary of state prior to circulation. The petition circulator's circulator identification number
shall be printed on each signature page of a ballot measure petition the circulator circulates.
For any initiated measure petition, no signature may be obtained more than twenty-four months
preceding the general election that was designated at the time of filing of the full text. The initiated
measure petition shall be filed with the secretary of state at least one year before the next general
election. A sworn affidavit, signed by at least two-thirds of the petition sponsors
, containing
information required for each petition circulator as required under § 2-1-1.4 and stating that the
documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains
a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition,
including petition size and petition font size, and the affidavit shall be prescribed by the State Board
of Elections.
Section 10. That § 2-1-3.1 be amended to read:
2-1-3.1. The petition as it is to be circulated for a referred law shall be filed with the secretary of
state prior to circulation for signatures and shall:
(1) Contain the title of the referred law;
(2) Contain the effective date of the referred law;
(3) Contain the date of the general election at which the referred law is to be submitted;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition
sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition shall be filed with the secretary of state within ninety days after the adjournment of the
Legislature which passed the referred law. A sworn affidavit, signed by at least two-thirds of the
petition sponsors,
containing information required for each petition circulator as required under § 2-1-1.4 and stating that the documents filed constitute the entire petition and to the best of the knowledge
of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state.
The form of the petition and affidavit shall be prescribed by the State Board of Elections.
The petition circulator shall provide to each person who signs the petition a form containing the title
of the referred law; any fiscal note or summary of a fiscal note obtained pursuant to § 2-9-32; the name,
phone number, and email address of each petition sponsor;
the name, phone number, and email address
of the petition circulator; and a statement whether the petition circulator is a volunteer or paid
petition
circulator and, if a paid circulator, the amount the circulator is being paid
; and the petition circulator's
circulator identification number. The form shall be approved by the secretary of state prior to
circulation.
The petition circulator's circulator identification number shall be printed on each signature
page of a ballot measure petition the circulator circulates.
Section 11. This Act is effective on July 1, 2020."
Moved by: Hansen
Second by: Gosch
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1094 UNTIL ANOTHER DAY
HB 1129: revise provisions regarding residency of registered voters.
Presented by: Representative Thomas Brunner
Opponents: Kea Warne, Office of the Secretary of State
MOTION: DEFER HB 1129 TO THE 41
ST LEGISLATIVE DAY
Moved by: Peterson (Kent)
Second by: Smith (Jamie)
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Anderson, Dennert, Diedrich, Hansen, Haugaard, Peterson (Kent), McCleerey, Smith
(Jamie), Beal, Qualm
Voting No: Goodwin, Gosch, Jensen (Kevin)
HJR 1005: To apply for a convention of states under Article V of the Constitution of the United
States to impose fiscal restraints on the federal government, to limit the power and jurisdiction
of the federal government, and to limit the terms of office for federal officials and members of
Congress.
Presented by: Representative Manny Steele (Handout: #2)
Proponents: Mark Meckler, self, Texas
Representative Isaac Latterell
Representative Doug Post
Shirlee Meier, self, Sioux Falls
Deanna Becket, self, Summerset (Handout: #3)
David Schneider. Convention of States Action
Opponents: Representative David Johnson
Linda Schauer, Concerned Women for America (Handout: #4)
Kitty Werthmann, self, Pierre
Scott Granville, self, Pierre
Michael Boyle, self, Parkston
Robert Brown, self, Montana (Handout: #5)
MOTION: DEFER HJR 1005 TO THE 41ST LEGISLATIVE DAY
Moved by: Goodwin
Second by: Smith (Jamie)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HJR 1005
Moved by: Peterson (Kent)
Second by: Beal
Action: Failed by roll call vote. (6-6-1-0)
Voting Yes: Anderson, Hansen, Haugaard, McCleerey, Beal, Qualm
Voting No: Dennert, Diedrich, Goodwin, Jensen (Kevin), Peterson (Kent), Smith (Jamie)
Excused: Gosch
MOTION: DEFER HJR 1005 TO THE 41
ST LEGISLATIVE DAY
Moved by: Goodwin
Second by: Smith (Jamie)
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Dennert, Diedrich, Goodwin, Gosch, Jensen (Kevin), Peterson (Kent), Smith (Jamie)
Voting No: Anderson, Hansen, Haugaard, McCleerey, Beal, Qualm
THE CHAIR DEFERRED HJR 1002 UNTIL ANOTHER DAY
THE CHAIR DEFERRED HJR 1004 UNTIL ANOTHER DAY
MOTION: ADJOURN
Moved by: McCleerey
Second by: Goodwin
Action: Prevailed by voice vote.
Pam Kean
____________________________
Committee Secretary
Lee Qualm, Chair
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