HB 1153 revise the signature requirements for initiated measures and r...
State of South Dakota
|
NINETY-SECOND SESSION
LEGISLATIVE ASSEMBLY, 2017
|
913Y0319
|
HOUSE BILL NO. 1153
|
Introduced by: Representatives Gosch, Clark, Greenfield (Lana), Holmes, Howard, Jensen
(Kevin), Kaiser, Karr, Lake, Latterell, Livermont, Marty, May, Pischke,
Rasmussen, Rhoden, and Steinhauer and Senators Stalzer, Nelson, and
Youngberg
|
FOR AN ACT ENTITLED, An Act to revise the signature requirements for initiated measures
and referred laws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-1 be amended to read:
2-1-1.
All measures Any measure proposed by initiative shall be presented by petition. The
petition shall be signed by not less than five percent of the qualified electors of the state.
Fifty
percent of the signatures required under this section shall come from no fewer than thirty-three
counties, with the remaining fifty percent to come from any of all remaining counties.
Section 2. That § 2-1-3 be amended to read:
2-1-3. Any law
which that the Legislature may have enacted, except one
which that may be
necessary for the immediate preservation of the public peace, health,
or safety, or support of the
state government and its existing public institutions, shall, upon the filing of a petition as
hereinafter provided
under this section, be submitted to a vote of the electors of the state at the
next general election.
Such The petition shall be signed by not less than five percent of the
qualified electors of the state. Fifty percent of the signatures required under this section shall
come from no fewer than thirty-three counties, with the remaining fifty percent to come from
any or all remaining counties.The form of the petition shall be prescribed by the State Board of
Elections.
Section 3. 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; the name,
phone number, and email address of each petition sponsor; 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. Each signature page of a petition may contain the signatures obtained
from no more than one county. The name of the county from which the signatures are obtained
shall be clearly marked on each page of the petition.The form shall be approved by the secretary
of state prior to circulation.
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 notarized affidavit form, signed by at least two-thirds of the petition
sponsors, 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.
Section 4. 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, 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. Each signature page of a petition may
contain the signatures obtained from no more than one county. The name of the county from
which the signatures are obtained shall be clearly marked on each page of the petition. 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; the name, phone number, and email address of each petition
sponsor; 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. The form shall be approved by
the secretary of state prior to circulation.