State of South Dakota
Representatives Thompson, Bradford, Burg, Dennert, Elliott, Engels,
Feinstein, Gassman, Gillespie, Halverson, Hargens, Lucas, Moore, Nygaard,
Sigdestad, and Street and Senators Turbak Berry, Jerstad, Katus, Kloucek,
and Two Bulls
FOR AN ACT ENTITLED, An Act to
provide for legislative redistricting by a bipartisan,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
A commission of seven citizens, none of whom may be public officials, shall be
selected to prepare the plan for redistricting the state into legislative districts.
The majority and minority leaders of each house shall each designate one
commissioner. A commissioner shall be appointed from each district listed in section 3 of this
Act. The majority leader of the Senate has first choice of the district from which the majority
leader will select a commissioner. The majority leader of the House of Representatives has
second choice; the minority leader of the Senate has third choice; the minority leader of the
House of Representatives has fourth choice. Within twenty days after their designation, the four
commissioners shall select the fifth, sixth, and seventh members. If the four members fail to
select the fifth, sixth, and seventh members within the time prescribed, the chief justice of the
Supreme Court shall select the fifth, sixth, and seventh members.
The commission districts are the following counties:
(1) District 1 - Minnehaha;
(2) District 2 - Brookings, Clark, Codington, Day, Deuel, Grant, Hamlin, Kingsbury,
Lake, Marshall, Miner, Moody, and Roberts;
(3) District 3 - Aurora, Bon Homme, Brule, Charles Mix, Clay Davison, Douglas,
Gregory, Hanson, Hutchinson, Lincoln, McCook, Turner, Union, and Yankton;
(4) District 4 - Beadle, Brown, Buffalo, Campbell, Edmunds, Faulk, Hand, Hughes,
Hyde, Jerauld, McPherson, Potter, Sanborn, Spink, Sully, and Walworth;
(5) District 5 - Butte, Corson, Dewey, Haakon, Harding, Lawrence, Meade, Perkins,
Stanley, and Ziebach;
(6) District 6 - Bennett, Custer, Fall River, Jackson, Jones, Lyman, Mellette, Shannon,
Todd, and Tripp;
(7) District 7 - Pennington.
If a vacancy occurs on the commission, the appointing authority of the vacated
seat shall designate a successor.
The members shall select a presiding officer from among themselves.
Commissioners are entitled to the same compensation and expenses as provided
to members of the Legislature while attending commission meetings or carrying out the official
duties of the commission.
No member of the commission may run for election to a legislative seat within
two years after the redistricting plan in which the member participated becomes effective.
The director of the Legislative Research Council, under the direction of the
Executive Board, shall provide the technical staff and clerical services that the commission
needs to prepare its districting plan.
Upon request, state agencies shall cooperate with the commission and furnish
technical assistance and consulting personnel.
Before the commission submits its legislative redistricting plan to the
Legislature, it shall hold at least one public hearing on the plan at the State Capitol, one in Sioux
Falls, one in Rapid City, and two on major Indian reservations. The commission may hold other
hearings as it deems necessary.
The commission shall submit its legislative redistricting plan to the Legislature
by September 20, 2011.
Within thirty days after the commission submits its legislative redistricting plan
to the Legislature, the Legislature shall return the plan to the commission with its
Within thirty days after receiving the legislative redistricting plan and the
Legislature's recommendations, the commission shall file its final legislative redistricting plan
with the secretary of state and the plan shall become law fulfilling the requirements of S.D.
Const., Art. III,