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or to refer a law, may submit a written notification to the secretary of state stating that the individual's name be withdrawn from the petition. A signature may be withdrawn as provided in § 2-1-18.2.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.