HB 1177 revise certain provisions relating to the circulation of a pet...
ENTITLED, An Act to revise certain provisions relating to the circulation of a petition for an
initiated measure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-1.1 be amended to read:
2-1-1.1. The petition as it is to be circulated for an initiated constitutional amendment shall be
filed with the secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated constitutional amendment;
(2) Contain the date of the general election at which the initiated constitutional amendment
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 constitutional amendment as prepared by the attorney general;
any fiscal note prepared pursuant to § 2-9-31; the name, phone number, and email address of each
petition sponsor; the name, phone number, and email address of the petition circulator; 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.
For any initiated constitutional amendment 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 constitutional amendment 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 2. 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; any fiscal note
prepared pursuant to § 2-9-31; the name, phone number, and email address of each petition sponsor;
the name, phone number, and email address of the petition circulator; 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.
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 3. 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. 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; any fiscal note or summary of a fiscal note obtained pursuant to § 2-9-32;
the name, phone number, and email address of each petition sponsor; the name, phone number, and
email address of the petition circulator; 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.
An Act to revise certain provisions relating to the circulation of a petition for an initiated measure.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1177
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1177
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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