CHAPTER 2-1
INITIATIVE AND REFERENDUM
2-1-1 Initiative petitions--Number of signatures required.
2-1-1.1 Initiated constitutional amendment--Petition--Finalization deadline--Contents--Signatures--Circulator handout--Circulation period.
2-1-1.2 Initiated measure--Petition--Finalization deadline--Contents--Signatures--Circulator handout--Circulation period.
2-1-1.3 Definitions.
2-1-1.4 Repealed.
2-1-1.5 Repealed.
2-1-1.6 Repealed.
2-1-1.7 Repealed.
2-1-1.8 Repealed.
2-1-1.9 Repealed.
2-1-2 Repealed by SL 2012, ch 18, §§ 4, 5.
2-1-2.2 Withdrawal of initiated constitutional amendment.
2-1-2.3 Withdrawal of initiated measure.
2-1-3 Referendum--Laws subject to petition--Form.
2-1-3.1 Referred law--Petition--Filing deadline--Contents--Signatures--Circulator handout.
2-1-3.2 Withdrawal of petition for referred law.
2-1-4 Repealed by SL 2012, ch 18, § 6.
2-1-5 Total vote used to determine number of signers required in petitions.
2-1-6 Persons qualified to sign petitions--False or unqualified signing as misdemeanor.
2-1-6.1 Repealed by SL 1989, ch 23, § 3.
2-1-6.2 Repealed by SL 2012, ch 18, § 7.
2-1-6.3 2-1-6.3. Repealed by SL 2009, ch 64, § 6, eff. July 1, 2010.
2-1-7 Petitions to be signed in person.
2-1-8 Repealed by SL 1990, ch 104, § 1.
2-1-9 Separate papers constituting single petition.
2-1-10 Verification of petition circulator--Violation.
2-1-11 Petitions liberally construed.
2-1-11.1 Initiated measure to embrace only one subject.
2-1-12 Effective date of measures approved by voters.
2-1-13 Repealed by SL 1989, ch 23, § 5.
2-1-14 Signatures secured contrary to law not to be counted.
2-1-15 Petition examined by secretary of state--Public record--Signature count--Random sample.
2-1-16 Signatures to be verified by random sampling--Methodology.
2-1-17 Certification of results of random sampling--Notification of petition sponsors.
2-1-17.1 Submission of affidavit challenging petition to secretary of state--Appeal.
2-1-18 Court challenge to petition.
2-1-18.1 Petition signature withdrawal--Written notification.
2-1-18.2 Petition signature withdrawal--Challenge required.
2-1-19 Transferred to §§ 2-9-33, 2-9-34 by SL 2017, ch 17, § 3.
2-1-21 Violations by petition sponsor or circulator--Four-year prohibition--Civil penalty.
2-1-1. Initiative petitions--Number of signatures required.
All measures 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.
Source: SDC 1939, § 55.0401; SL 1957, ch 278, § 1; SL 1976, ch 105, § 76; SL 1978, ch 19, § 1; SL 1989, ch 23, § 1.
2-1-1.1. Initiated constitutional amendment--Petition--Finalization deadline--Contents--Signatures--Circulator handout--Circulation period.
A petition as it is to be circulated for an initiated amendment to the Constitution must be filed with the secretary of state, including an electronic copy of the petition, prior to circulation for signatures and at least one year before the next general election at which the initiated amendment is proposed to be submitted to the voters. The petition filing must:
(1) Contain the full text of the initiated amendment in fourteen-point font;
(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.
Each petition circulator shall provide to each person who signs the petition a circulator handout 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; and a statement whether the petition circulator is a volunteer or paid circulator and, if a paid circulator, the amount the circulator is being paid. The secretary of state shall approve the circulator handout for each initiated amendment to the Constitution before the petition is circulated.
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. 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, must also be filed with the secretary of state. The initiated amendment petition signatures must be filed with the secretary of state by the first Tuesday in May of a general election year for the initiated amendment to qualify for submission to the voters at the next general election. The State Board of Elections shall prescribe the form of the affidavit and the petition otherwise, including petition size and petition font size for ballot measure language not prescribed in this section.
Source: SL 2012, ch 18, § 2; SL 2016, ch 23, § 1; SL 2016, ch 24, § 1; SL 2017, ch 16, § 7; SL 2018, ch 21, § 1; SL 2018, ch 22, § 3; SL 2018, ch 75, § 2; SL 2018, ch 80, § 4; SL 2019, ch 14, § 8, eff. July 1, 2020; SL 2020, ch 8, § 9; SL 2021, ch 15, § 2; SL 2023, ch 8, § 1; SL 2024, ch 16, § 1.
2-1-1.2. Initiated measure--Petition--Finalization deadline--Contents--Signatures--Circulator handout--Circulation period.
A petition as it is to be circulated for an initiated measure must be filed with the secretary of state, including an electronic copy of the petition, prior to circulation for signatures and at least one year before the next general election at which the initiated measure is proposed to be submitted to the voters. The petition filing must:
(1) Contain the full text of the initiated measure in fourteen-point font;
(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.
Each petition circulator shall provide to each person who signs the petition a circulator handout 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; and a statement whether the petition circulator is a volunteer or paid circulator and, if a paid circulator, the amount the circulator is being paid. The secretary of state shall approve the circulator handout for each initiated measure before the petition is circulated.
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. 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, must also be filed with the secretary of state. The initiated measure petition signatures must be filed with the secretary of state by the first Tuesday in May of a general election year for the initiated measure to qualify for submission to the voters at the next general election. The State Board of Elections shall prescribe the form of the affidavit and the petition otherwise, including petition size and petition font size for ballot measure language not prescribed in this section.
Source: SL 2012, ch 18, § 3; SL 2016, ch 23, § 2; SL 2016, ch 24, § 2; SL 2017, ch 16, § 8; SL 2018, ch 21, § 2; SL 2018, ch 22, § 4; SL 2018, ch 75, § 3; SL 2018, ch 80, § 5; SL 2019, ch 14, § 9, eff. July 1, 2020; SL 2020, ch 8, § 11; SL 2021, ch 15, § 1; SL 2023, ch 8, § 2; SL 2024, ch 16, § 2.
2-1-1.3. Definitions.
Terms used in this chapter mean:
(1) "Circulates," either:
(a) Physically presents or otherwise makes available a ballot measure petition to another person for that person's signature; or
(b) Solicits from another person, personally and in the presence of such other person, a signature on a ballot measure petition, while acting in concert with another person who simultaneously physically presents or otherwise makes available the ballot measure petition;
(2) "Petition circulator," the same as the term is defined under § 12-1-3;
(3) "Petition sponsor," any person who proposes the placement of a statewide ballot measure on the ballot;
(4) "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;
(5) "Paid circulator," any person who receives money or anything of value as consideration, in whole or in part, for acting as a petition circulator;
(6) "Volunteer circulator," any person who does not receive money or anything of value as consideration, in whole or in part, for acting as a petition circulator.
Source: SL 2016, ch 24, § 4; SL 2018, ch 22, § 1; SL 2019, ch 14, § 1, eff. July 1, 2020; SL 2020, ch 8, § 2; SL 2024, ch 16, § 3.
2-1-1.5. Repealed.
Source: SL 2019, ch 14, § 3, eff. July 1, 2020; SL 2020, ch 8, § 3; SL 2024, ch 16, § 6.
2-1-1.6. Repealed.
Source: SL 2019, ch 14, § 4, eff. July 1, 2020; SL 2020, ch 8, § 4; SL 2024, ch 16, § 7.
2-1-1.7. Repealed.
Source: SL 2019, ch 14, § 5, eff. July 1, 2020; SL 2020, ch 8, § 5; SL 2024, ch 16, § 8.
2-1-1.8. Repealed.
Source: SL 2019, ch 14, § 6, eff. July 1, 2020; SL 2020, ch 8, § 6; SL 2024, ch 16, § 9.
2-1-1.9. Repealed.
Source: SL 2019, ch 14, § 7, eff. July 1, 2020; SL 2020, ch 8, § 7; SL 2024, ch 16, § 10.
2-1-2, 2-1-2.1. Repealed by SL 2012, ch 18, §§ 4, 5.
2-1-2.2. Withdrawal of initiated constitutional amendment.
A petition of the voters proposing an amendment to the Constitution may be withdrawn within the meaning of section 3 of article XXIII of the Constitution not later than one hundred twenty days prior to the next general election, if not less than two-thirds of the named sponsors file with the secretary of state, in writing, their request for withdrawal of the question from the ballot. The secretary of state shall attach to the petitions on file the request for withdrawal and shall take no other action thereon.
Source: SL 1974, ch 118, § 50.
2-1-2.3. Withdrawal of initiated measure.
A petition of the voters proposing an initiated measure may be withdrawn not later than one hundred twenty days prior to the next general election, if not less than two-thirds of the named sponsors file with the secretary of state, in writing, their request for withdrawal of the question from the ballot. The secretary of state shall attach to the petitions on file the request for withdrawal and shall take no other action thereon.
Source: SL 2009, ch 64, § 9, eff. July 1, 2010.
2-1-3. Referendum--Laws subject to petition--Form.
Any law which the Legislature may have enacted, except one 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 provided in this chapter, be submitted to a vote of the electors of the state at the next general election. The petition shall be signed by not less than five percent of the qualified electors of the state. The form of the petition, including petition size and petition font size, shall be prescribed by the State Board of Elections.
Source: SDC 1939, § 55.0402; SL 1957, ch 278, § 2; SL 1976, ch 105, § 77; SL 2018, ch 75, § 4.
2-1-3.1. Referred law--Petition--Filing deadline--Contents--Signatures--Circulator handout.
The petition as it is to be circulated for a referred law must be filed with the secretary of state prior to circulation for signatures and must:
(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 signed by each person who is a petition sponsor that includes the names and addresses of each petition sponsor; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition must be filed with the secretary of state within ninety days after the adjournment of the Legislature that 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, must also be filed with the secretary of state. The State Board of Elections shall prescribe the form of the petition and affidavit.
The petition circulator shall provide to each person who signs the petition a circulator handout 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; a statement whether the petition circulator is a volunteer or paid circulator and, if a paid circulator, the amount the circulator is being paid. The secretary of state shall approve the circulator handout for each referred law before the petition is circulated.
Source: SL 2012, ch 18, § 1; SL 2016, ch 23, § 3; SL 2017, ch 16, § 9; SL 2018, ch 21, § 3; SL 2018, ch 22, § 5; SL 2019, ch 14, § 10, eff. July 1, 2020; SL 2020, ch 8, § 13; SL 2024, ch 16, § 4.
2-1-3.2. Withdrawal of petition for referred law.
A petition of the voters referring a law to the vote of the electors pursuant to § 2-1-3 may be withdrawn no later than one hundred twenty days prior to the next general election, if no less than two-thirds of the petition sponsors file with the secretary of state, in writing, their request for withdrawal of the question from the ballot. The secretary of state shall attach to the petitions on file the request for withdrawal and shall take no other action thereon.
Source: SL 2012, ch 19, § 1.
2-1-4. Repealed by SL 2012, ch 18, § 6.
2-1-5. Total vote used to determine number of signers required in petitions.
The total number of votes cast for Governor at the last preceding gubernatorial election, shall for the purposes of this chapter, be the basis for determining the number of petitioners required.
Source: SDC 1939, § 55.0404; SL 1976, ch 105, § 78.
2-1-6. Persons qualified to sign petitions--False or unqualified signing as misdemeanor.
Every person who is a qualified voter may sign a petition to initiate a constitutional amendment or other measure or to refer a law. If a person, knowing he or she is not a qualified voter of the state or knowing that he or she has already signed the same petition, signs a petition for initiation of a constitutional amendment or other measure or for referral of legislation or if any person signs a name other than his or her own, that person is guilty of a Class 1 misdemeanor.
Source: SDC 1939, §§ 55.0404, 55.9901; SL 1980, ch 24, § 15; SL 2007, ch 15, § 2.
2-1-6.1. Repealed by SL 1989, ch 23, § 3.
2-1-6.2. Repealed by SL 2012, ch 18, § 7.
2-1-7. Petitions to be signed in person.
Every petition proposing a measure shall be signed in person by the petitioners.
Source: SDC 1939, § 55.0403; SL 1957, ch 278, § 3; SL 2009, ch 64, § 7, eff. July 1, 2010.
2-1-8. Repealed by SL 1990, ch 104, § 1.
2-1-9. Separate papers constituting single petition.
A single petition may be made up of one or more papers, each having the requisite heading and verification.
Source: SDC 1939, § 55.0403; SL 1957, ch 278, § 3; SL 1986, ch 114, § 2.
2-1-10. Verification of petition circulator--Violation.
Before filing a petition to initiate an amendment to the Constitution, for an initiated measure, or for a referred law, with the officer in whose office the petition is required to be filed, each petition circulator shall sign a verification attesting that:
(1) The circulator personally circulated the petition;
(2) The circulator is not attesting to any signature obtained by any other person;
(3) The circulator is a resident of South Dakota;
(4) The circulator made reasonable inquiry and, to the best of the circulator's knowledge, each person signing the petition is a qualified voter of the state in the county indicated on the signature line; and
(5) No state statute regarding the circulation of petitions was knowingly violated.
The State Board of Elections shall prescribe the form for the verification. The circulator's signature on the verification shall be witnessed and notarized by a notary public commissioned in South Dakota or other officer authorized to administer oaths pursuant to § 18-3-1. Any person who falsely attests to the verification provision provided in subdivision (1) is guilty of a Class 6 felony. Any person who falsely attests to the verification provisions provided in subdivisions (2) to (5), inclusive, is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 55.0405; SL 1957, ch 278, § 4; SL 1974, ch 22; SL 1976, ch 105, § 79; SL 1989, ch 23, § 4; SL 2000, ch 19, § 1; SL 2007, ch 15, § 1; SL 2010, ch 74, § 1; SL 2018, ch 22, § 8; SL 2023, ch 9, § 1.
2-1-11. Petitions liberally construed.
The petitions herein provided for shall be liberally construed, so that the real intention of the petitioners may not be defeated by a mere technicality.
Source: SDC 1939, § 55.0406.
2-1-11.1. Initiated measure to embrace only one subject.
No initiated measure may embrace more than one subject, which shall be expressed in the title.
Source: SL 2018, ch 23, § 1.
2-1-12. Effective date of measures approved by voters.
Each constitutional amendment, initiated measure, or referred law that is approved by a majority of all votes cast is effective on the first day of July after the completion of the official canvass by the State Canvassing Board.
Source: SL 1979, ch 11, § 2; SL 2017, ch 11, § 1.
2-1-13. Repealed by SL 1989, ch 23, § 5.
2-1-14. Signatures secured contrary to law not to be counted.
All signatures secured in a manner contrary to the provisions of state law shall not be counted.
Source: SL 1988, ch 23, § 2; 1st SS 1991, ch 1, §§ 3, 4; SL 2019, ch 15, § 1.
2-1-15. Petition examined by secretary of state--Public record--Signature count--Random sample.
Upon the receiving of any initiative petition, referred law petition, or initiated constitutional amendment petition, 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 § 1-8-10. No signature of a person may be counted by the secretary of state unless the person is a registered voter in the county indicated on the signature line. No signature of a person may be counted if the information required on the petition form is not accurate or complete. 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 make available to the public the random sample validation sheets upon request and payment of reasonable fees in accordance with § 1-8-10.
Source: SL 2007, ch 16, § 1; SL 2019, ch 15, § 2; SL 2023, ch 8, § 3.
2-1-16. Signatures to be verified by random sampling--Methodology.
The secretary of state shall verify the signatures pursuant to § 2-1-15 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall promulgate rules, pursuant to chapter 1-26, establishing the methodology for conducting the random sample. The random sampling shall be an examination of the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not more than three and sixty-two one-hundredths percent.
Source: SL 2007, ch 16, § 2; SL 2017, ch 12, § 7.
2-1-17. Certification of results of random sampling--Notification of petition sponsors.
If the random sample indicates that a sufficient number of qualified electors have signed the petition, the secretary of state shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure or amendment on the next general election ballot. If the random sample indicates that an insufficient number of qualified electors have signed the petition, the secretary of state shall certify that the petition has not been signed by the required number of qualified electors and may not place the proposed measure or amendment on the next general election ballot. The secretary of state shall, within five days of certifying, notify the petition sponsors by certified mail of the secretary of state's action pursuant to this section.
Source: SL 2007, ch 16, § 3; SL 2017, ch 12, § 1.
2-1-17.1. Submission of affidavit challenging petition to secretary of state--Appeal.
Not more than thirty days after a statewide petition for an initiated amendment to the Constitution, initiated measure, or referred law has been validated and filed, any interested person who has researched the signatures contained on the petition may submit a sworn affidavit to the Office of Secretary of State to challenge the petition. The sworn affidavit shall include each specific deficiency other than the following:
(1) Signer does not live at address listed on the petition;
(2) Circulator does not live at address listed on the petition;
(3) Circulator listed a residence address in South Dakota but is not a South Dakota resident;
(4) Circulator did not witness the signers;
(5) Signatures not included in the random sample; and
(6) Petition that was originally rejected.
Any challenge by the same person or party in interest shall be included in one sworn affidavit.
The original sworn affidavit shall be received by the Office of Secretary of State by 5:00 p.m. central time on the date. If the sworn affidavit challenges any deficiency prohibited under this section, that deficiency shall be rejected. A challenge to a deficiency is not a challenge to the petition as a whole.
No deficiency may be challenged a second time with the secretary of state. The secretary of state's decision regarding a challenge under this section may be appealed to the circuit court of Hughes County. Any person who does not challenge a petition pursuant to this section, may bring a challenge pursuant to § 2-1-18.
Source: SL 2017, ch 12, § 3; SL 2018, ch 24, § 1.
2-1-18. Court challenge to petition.
Nothing in §§ 2-1-15 to 2-1-18, inclusive, prohibits any interested person who has researched the signatures contained on a validated petition from challenging in circuit court the validity of any signature, the veracity of the petition circulator's attestation, or any other information required on a petition by statute or administrative rule, including any deficiency that is prohibited from challenge under § 2-1-17.1. The results of the process of signature verification by the Office of the Secretary of State under chapter 2-1 shall be presumed valid as applied to all signatures for purposes of considering any additional ground for disqualifying petition signatures, including any ground listed in subdivisions 2-1-17.1(1) to 2-1-17.1(4), inclusive, and cumulating total valid signatures to determine the results of an appeal under § 2-1-17.1. The summons and complaint for a challenge under this section shall be served on each petition sponsor as a party defending the validated petition being challenged. Any appearance by the attorney general at a challenge under this section shall be limited to the process of signature verification by the Office of the Secretary of State under chapter 2-1. For purposes of determining whether a sufficient number of valid signatures has been submitted, the interested person may elect to proceed with a challenge limited to the sample generated in accordance with § 2-1-16, with the resulting valid sample percentage applied to the entirety of the petition signatures.
Source: SL 2007, ch 16, § 4; SL 2017, ch 12, § 2; SL 2018, ch 24, § 2; SL 2019, ch 15, § 3.
2-1-18.1. Petition signature withdrawal--Written notification.
An individual who has signed a petition to initiate a constitutional amendment or measure, or to refer a law, may submit a written notification to the secretary of state stating that the individual's name be withdrawn from the petition. A signature may be withdrawn as provided in § 2-1-18.2.
The written notification must include:
(1) The title of the petition;
(2) The printed name, signature, residence address, and county of registration of the individual withdrawing the individual's signature from the petition; and
(3) A statement that the individual is withdrawing the individual's signature from the petition.
The individual’s signature on the written statement must be witnessed and notarized by a notary public commissioned in South Dakota or other officer authorized to administer oaths pursuant to § 18-3-1. For a written notification to withdraw a signature to be valid under this section, an individual must submit the written notification to the secretary of state at any time before the petition from which the individual is submitting a written notification for withdrawal under this section and § 2-1-18.2 is filed and certified for placement on the next general election ballot under § 2-1-17.
The written notification may be delivered by hand, or United States registered mail to the secretary of state.
Source: SL 2024, ch 17, § 1, eff. Mar. 14, 2024.
2-1-18.2. Petition signature withdrawal--Challenge required.
If a challenge to a validated petition is filed pursuant to § 2-1-17.1 or 2-1-18, the secretary of state must provide to each party to the proceeding all written notifications, submitted under § 2-1-18.1, that pertain to the validated petition being challenged. If a signature is withdrawn pursuant to § 2-1-18.1, the signature is deemed withdrawn from the petition and may not be counted as valid in a challenge.
Source: SL 2024, ch 17, § 2, eff. Mar. 14, 2024.
2-1-21. Violations by petition sponsor or circulator--Four-year prohibition--Civil penalty.
If any petition sponsor, or any person or entity compensated by the petition sponsor or a ballot question committee for purposes of petition circulation, knowingly or with reckless disregard commits multiple violations of the law regarding petition circulation, residency of a petition circulator, or campaign finance regulation, the petition sponsor, person, or entity, including any person serving as a member of the board or as an officer of the entity, is prohibited from being a petition sponsor or petition circulator, and from performing any work for any ballot question committee for a period of four years in addition to any other penalty imposed under state or federal law. Any violation of the provisions of this section shall also result in a civil penalty of up to five thousand dollars to be deposited into the state general fund.
Source: SL 2018, ch 22, § 7.