5:02:08:07. Form of initiative petition. The initiative petition form shall follow the specifications provided in this section.
The initiative petition shall be in the following form:
INITIATIVE PETITION
WE, THE UNDERSIGNED qualified voters of the state of South Dakota, petition that the following proposed law be submitted to the voters of the state of South Dakota at the general election on November ____, 20_____, for their approval or rejection pursuant to the Constitution of the State of South Dakota.
Title:
Attorney General Explanation:
Be it enacted by the people of South Dakota.
The text of the proposed law is as follows: (insert text)
(Insert the instructions to voters and signature blanks prescribed in § 5:02:08:00.03.)
VERIFICATION BY PERSON CIRCULATING PETITION
INSTRUCTIONS TO CIRCULATOR: This section (bold) must (unbold) be completed following circulation and before filing.
Print name of the circulator Residence Address City State
I, under oath, state that I circulated the above petition, that each signer personally signed this petition in my presence, that I am not attesting to any signature obtained by any other person, that I am a resident of South Dakota, that I made reasonable inquiry and to the best of my knowledge each person signing the petition is a qualified voter in the county indicated on the signature line, that no state statute regarding petition circulation was knowingly violated, and that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration.
___________________________________ ____________________________________
Circulator ID Number (paid circulator only) Signature of Circulator
Sworn to before me this ________ day of _____________, 20____.
(Seal) ____________________________________
Signature of Officer Administering Oath
My Commission Expires _______________
____________________________________
Title of Officer Administering Oath
Source: 2 SDR 46, effective December 30, 1975; 3 SDR 69, effective April 10, 1977; 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989; 26 SDR 168, effective June 25, 2000; 33 SDR 230, effective July 1, 2007; 36 SDR 112, effective January 11, 2010; 45 SDR 9, effective July 30, 2018; 47 SDR 37, effective October 6, 2020.
General Authority: SDCL 12-1-9(7).
Law Implemented: SDCL 2-1-1, 2-1-7, 2-1-10, 2-1-1.2.
5:02:08:07.01. Affidavit to be filed with completed initiative, referendum, or initiated constitutional amendment petition. The affidavit to be filed with the completed petition for initiative, referendum, or initiated constitutional amendment shall be in the following form:
STATE OF SOUTH DAKOTA )
) SS AFFIDAVIT OF COMPLETED PETITION
COUNTY OF _____________ )
I, under oath, state that the attached petition sheets constitute the entire petition to be filed and that to the best of my knowledge they contain a sufficient number of signatures to be certified to the ballot.
Title of Ballot Measure ___________________________________________
______________________________
Signature of Sponsor
______________________________________________________________________________
Print name and complete address of the sponsor
Sworn to before me this _______ day of _________, 20____.
(Seal) ________________________________
Signature of Officer Administering Oath
My commission expires: _________.
_______________________________
Title of Officer Administering Oath
Source: 16 SDR 20, effective August 10, 1989; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 12-1-9(7).
Law Implemented: SDCL 2-1-1.1, 2-1-1.2, 2-1-3.1.
5:02:08:07.02. Affidavit to be submitted with initiative, referendum, or initiated constitutional amendment petition to be circulated. The affidavit to be submitted with the petition in final format before circulating an initiative, referendum, or initiated constitutional amendment shall be in the following form:
STATE OF SOUTH DAKOTA)
) SS AFFIDAVIT OF PETITION TO BE CIRCULATED
COUNTY OF ______________)
I, under oath, state that the attached petition sheet constitutes the petition in final format to be circulated and I am one of the sponsors to this ballot measure.
_____________________________________________________________
Title of Ballot Measure__________________________________________
________________________________
Print name of sponsor
______________________________________________________________
Print name and complete address of the sponsor
_________________________________
Signature of Sponsor
Sworn to before me this _____ day of __________, 20 _____.
(Seal)
__________________________________
Signature of Officer Administering Oath
My commission expires: ___________.
__________________________________
Title of Officer Administering Oath
Source: 42 SDR 178, effective July 1, 2016; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 12-1-9(7)
Law Implemented: SDCL 2-1-1.1, 2-1-1.2, 2-1-3.1.
