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2025 House Bill 1256 - SD Legislature require the inclusion of certain information on a candidate's nominating petition or on a ballot question petition.

25.789.18 100th Legislative Session 1256

2025 South Dakota Legislature

House Bill 1256

Introduced by: Representative Hansen

An Act to require the inclusion of certain information on a candidate's nominating petition or on a ballot question petition.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 2-1-1 be AMENDED:

2-1-1. All measures proposed by initiative shall must be presented by petition. The A petition shall to propose a measure by initiative must be signed by not less than five percent of the qualified electors of the state.

All proposals requiring that a law enacted by the Legislature be submitted to a vote of the electors of the state must be presented by petition, signed by not less than five percent of the qualified electors of the state.

When signing a petition to propose a measure or an amendment to the Constitution by initiative, or to refer a law to a vote of the electors of the state, an individual must provide the individual's name, signature, address at which the individual is currently registered to vote, the county in which the individual is registered as a voter, and the date of signing.

Section 2. That § 2-1-15 be AMENDED:

2-1-15. Upon the receiving of any initiative petition, referred law petition, or initiated constitutional amendment petition receipt of a petition to initiate an amendment to the South Dakota Constitution, initiate a measure, or refer a law to a vote of the electors of the state, the secretary of state shall promptly examine and catalogue the petition and petition signatures and make them available to the public upon request and payment of reasonable fees in accordance with the fee required by § 1-8-10. No

An individual's signature of a person may not be counted by the secretary of state unless the person if:

(1) The individual is not a registered voter in the county indicated on the signature line. No signature of a person may be counted if the; or

(2) The information required provided by the individual on the petition form is not accurate or complete.

If the address provided by the individual is not substantially the same as the address at which the individual is currently registered to vote, the secretary of state may not count the signature.

The secretary of state shall generate the random sample under § 2-1-16 within five days of completing the examination and cataloguing of the petition signatures and shall make the random sample validation sheets available to the public the random sample validation sheets, upon request and payment of reasonable fees in accordance with the fee required by § 1-8-10.

Section 3. That § 12-6-8 be AMENDED:

12-6-8. No person An individual may not sign the nominating petition of a candidate before:

(1) Before January first in the year in which the election is to be held, nor for;

(2) For whom the person is not entitled to vote, nor for;

(3) For a political candidate of a party of which the person is not a member, nor for; or

(4) For more than the number of candidates required to be nominated for the same office.

The signer or circulator or the individual who signs the petition shall add the signer's place of residence address at which the individual is currently registered to vote, the county in which the individual is registered as a voter, and the date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. A

A candidate shall sign a formal declaration of the candidate shall be signed by the candidate candidacy before the circulation of petitions petition may be circulated. The signed declaration of the candidate shall candidacy must accompany and be a part of the petition. An The original signed declaration shall of candidacy must accompany the group of petitions petition upon filing.

The petition shall must be verified under oath by the persons circulating the petition. The verification by the person circulating the petition may not be notarized by the candidate whom the petition is nominating. Any person circulating a petition who falsely attests to the verification is guilty of a Class 6 felony.

A nominating petition for any election shall be a self-contained sheet of paper in order to have the candidate's name placed on the ballot. The provisions of this section may not prohibit a person registered with party affiliation from signing either a petition nominating an independent or a nonpolitical candidate for office if the person has not previously signed a petition for that office to be filled.

Underscores indicate new language.

Overstrikes indicate deleted language.