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State of South Dakota
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NINETY-FOURTH SESSION LEGISLATIVE ASSEMBLY, 2019 |
| 751B0672 | HOUSE STATE AFFAIRS ENGROSSED NO. HB 1094 - 2/14/2019 |
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Introduced by: Representative Hansen and Senator Stalzer
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FOR AN ACT ENTITLED, An Act to revise certain programs regarding transparency of the
petition circulation process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-1.3 be amended to read:
2-1-1.3. Terms used in this chapter mean:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-1.3 be amended to read:
2-1-1.3. Terms used in this chapter mean:
(1) "Petition circulator," the same as the term is defined under § 12-1-3 a person who is
a resident of this state for at least thirty days prior to registration as a petition
circulator, is at least eighteen years of age, and who circulates, for pay or as a
volunteer, petitions or solicits petition signatures from members of the public for the
purpose of placing ballot measures on any statewide election ballot;
(2) "Petition sponsor," any person who proposes the placement of a statewide ballot
measure on the ballot;
(3) "Ballot measure," any measure placed on a statewide ballot in accordance with §§ 2-1-1.1, 2-1-1.2, or 2-1-3.1;
(4) "Paid circulator," any person who receives money or anything of value to be a
petition circulator;
(5) "Volunteer circulator" any person who does not receive money or anything of value
to be a petition circulator.
Section 2. That § 2-1-1.4 be repealed.
2-1-1.4. A sworn affidavit filed with the secretary of state pursuant to § 2-1-1.1, 2-1-1.2, or
2-1-3.1 shall include information attesting to residency as defined in § 12-1-4 of each petition
circulator. The following information shall be included in the affidavit:
Section 2. That § 2-1-1.4 be repealed.
(1) Current state in which the petition circulator is licensed to drive, driver license
number, and expiration date;
(2) Current state of voter registration;
(3) Length of time at current physical street address and previous two addresses, and
whether the prior addresses were located in South Dakota;
(4) A sworn statement by the petition circulator indicating the circulator's intention to
stay in the state after the petition circulation deadline;
(5) Any other information relevant to indicate residency, including a library card or
utility bill;
(6) Whether the petition circulator pays in-state tuition at any public postsecondary
educational institution, if applicable; and
(7) Whether the petition circulator obtains any resident hunting or resident fishing
license of any kind, if applicable.
contents only to an interested person for purposes of § 2-1-18 and to the attorney general.
Failure to substantially comply with the provisions of this section shall disqualify the petitions
from a petition circulator not in substantial compliance with this section from being considered.
Section 3. That chapter 2-1 be amended by adding a NEW SECTION to read:
Prior to circulation of any petition for a ballot measure, a petition circulator shall submit an
application to the secretary of state, obtain a circulator identification number, and be included
in a directory of registered petition circulators. For each ballot measure on which a petition
circulator seeks to circulate a petition, the petition circulator shall complete a sworn affidavit
including the circulator's name, age, physical address of current residence, physical address of
prior residence if current residence is less than one year, email address, phone number, state of
issuance for driver license, state of voter registration, occupation, the ballot question committee
supporting the ballot measure, whether the petition circulator will be volunteer or paid, and
whether the petition circulator is a registered sex offender. The affidavit under this section shall
be submitted to the office of the secretary of state. If any statement included in the petition
circulator's affidavit is determined to be false, any signatures collected by the petition circulator
are void and may not be counted. Petition sponsors shall provide a list to the secretary of state
of any person acting as a petition circulator for the sponsor's ballot measure, whether the petition
circulator is paid or volunteer and, if paid, the rate of compensation.
A petition circulator and petition sponsor shall update any information required under this
section with the secretary of state not more than seven days of any change.
Section 4. That chapter 2-1 be amended by adding a NEW SECTION to read:
Section 4. That chapter 2-1 be amended by adding a NEW SECTION to read:
The secretary of state shall develop and maintain a directory, to be made available on the
website maintained by the Office of the Secretary of State, that contains information provided
by each petition circulator under section 3 of this Act and classifies each petition circulator as
paid or volunteer. Providing a copy of the sworn affidavit submitted under section 3 of this Act,
together with any update to the information contained in the affidavit, is sufficient to fulfill the
requirements of this section. Any information contained in the directory shall be a public record
for purposes of chapter 1-25.
Section 5. That chapter 2-1 be amended by adding a NEW SECTION to read:
A paid petition circulator who registers under section 3 of this Act shall pay to the secretary
of state an annual registration fee for each ballot question committee represented by the petition
circulator. The annual registration fee for a paid circulator is twenty dollars. The annual
registration fee shall be deposited in the state general fund.
The fee under this section does not apply to any volunteer circulator.
Section 6. That chapter 2-1 be amended by adding a NEW SECTION to read:
Section 6. That chapter 2-1 be amended by adding a NEW SECTION to read:
Following receipt of any application under section 3 of this Act and a registration fee under
section 5 of this Act, if any, the secretary of state shall issue the petition circulator a circulator
identification number and badge that contains the information required under section 7 of this
Act.
Section 7. That chapter 2-1 be amended by adding a NEW SECTION to read:
Section 7. That chapter 2-1 be amended by adding a NEW SECTION to read:
A person shall wear the badge issued under section 6 of this Act which shall be visible at
all times while acting as a petition circulator. The badge shall contain the words "petition
circulator," and include the identity of the ballot question committee on behalf of which the
petition circulator is registered, the circulator identification number, and a designation as either
"paid" or "volunteer." The badge may not state the name of the petition circulator. A badge for
each year shall be of a different color than a different year as designated by the secretary of state.
A person is guilty of a Class 2 misdemeanor if the person acts as a petition circulator without
wearing a badge issued under section 6 of this Act.
Section 8. That § 2-1-1.1 be amended to read:
2-1-1.1. The petition as it is to be circulated for an initiated amendment to the Constitution shall be filed with the secretary of state prior to circulation for signatures and shall:
Section 8. That § 2-1-1.1 be amended to read:
2-1-1.1. The petition as it is to be circulated for an initiated amendment to the Constitution shall be filed with the secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated amendment;
(2) Contain the date of the general election at which the initiated 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 amendment to the Constitution as prepared by the
attorney general; any fiscal note prepared pursuant to § 2-9-30; 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; and the petition
circulator's circulator identification number. The form shall be approved by the secretary of state
prior to circulation. The petition circulator's circulator identification number shall be printed on
each signature page of a ballot measure petition the circulator circulates.
For any initiated 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 amendment petition shall be filed with the secretary of state at least one year before
the next general election. A sworn affidavit, signed by at least two-thirds of the petition
sponsors, containing information required for each petition circulator as required under § 2-1-
1.4 and 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, including petition size and petition font size, and the
affidavit shall be prescribed by the State Board of Elections.
Section 9. 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 § 2-9-30; 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; and the petition circulator's circulator identification
number. The form shall be approved by the secretary of state prior to circulation. The petition
circulator's circulator identification number shall be printed on each signature page of a ballot
measure petition the circulator circulates.
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 sworn affidavit, signed by at least two-thirds of the petition
sponsors, containing information required for each petition circulator as required under § 2-1-1.4 and 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, including petition size and petition font size, and the
affidavit shall be prescribed by the State Board of Elections.
Section 10. 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, containing information required for each petition
circulator as required under § 2-1-1.4 and 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; and the petition circulator's circulator identification number. The form
shall be approved by the secretary of state prior to circulation. The petition circulator's circulator
identification number shall be printed on each signature page of a ballot measure petition the
circulator circulates.
Section 11. This Act is effective on July 1, 2020.
Section 11. This Act is effective on July 1, 2020.
