South Dakota Codified Laws
Chapter 01 - Initiative And Referendum
Section 2-1-1.2 - Initiated measure--Petition--Contents--Signatures and filing.

2-1-1.2. Initiated measure--Petition--Contents--Signatures and filing.
The petition as it is to be circulated for an initiated measure shall be filed with the secretary of state, including an electronic copy of the petition as it is to be circulated, prior to circulation for signatures and shall:
(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 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; 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. The petition form, as prescribed by the State Board of Elections, shall include the paid circulator identification number within the verification of any paid circulator.
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 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 otherwise, including petition size and petition font size for ballot measure language not prescribed in this section, and the affidavit shall be prescribed by the State Board of Elections.

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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 2 - Legislature and Statutes

Chapter 01 - Initiative And Referendum

Section 2-1-1 - Initiative petitions--Number of signatures required.

Section 2-1-1.1 - Initiated constitutional amendment--Petition--Contents--Signatures and filing.

Section 2-1-1.2 - Initiated measure--Petition--Contents--Signatures and filing.

Section 2-1-1.3 - Definitions.

Section 2-1-1.5 - Paid circulators--Application for registration--Process--Certification requirements.

Section 2-1-1.6 - Paid circulators--Directory.

Section 2-1-1.7 - Registration fees.

Section 2-1-1.8 - Identification number and badge.

Section 2-1-1.9 - Paid circulator badge--Requirement--Violation as misdemeanor.

Section 2-1-2.2 - Withdrawal of initiated constitutional amendment.

Section 2-1-2.3 - Withdrawal of initiated measure.

Section 2-1-3 - Referendum--Laws subject to petition--Form.

Section 2-1-3.1 - Referred law--Petition--Contents--Signatures and filing.

Section 2-1-3.2 - Withdrawal of petition for referred law.

Section 2-1-5 - Total vote used to determine number of signers required in petitions.

Section 2-1-6 - Persons qualified to sign petitions--False or unqualified signing as misdemeanor.

Section 2-1-7 - Petitions to be signed in person.

Section 2-1-9 - Separate papers constituting single petition.

Section 2-1-10 - Verification of petition circulator--Violation as misdemeanor.

Section 2-1-11 - Petitions liberally construed.

Section 2-1-11.1 - Initiated measure to embrace only one subject.

Section 2-1-12 - Effective date of measures approved by voters.

Section 2-1-14 - Signatures secured contrary to law not to be counted.

Section 2-1-15 - Examination of petition by secretary of state--Signature not to be counted unless person is registered voter and information is accurate and complete.

Section 2-1-16 - Signatures to be verified by random sampling--Methodology.

Section 2-1-17 - Certification of results of random sampling--Notification of petition sponsors.

Section 2-1-17.1 - Submission of affidavit challenging petition to secretary of state--Appeal.

Section 2-1-18 - Court challenge to petition.

Section 2-1-21 - Violations by petition sponsor or circulator--Four-year prohibition--Civil penalty.