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.