AMENDMENT FOR PRINTED BILL
1093wa
___________________ moved that HB 1093 be amended as follows:
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. "