2-1-3.1. Referred law--Petition--Contents--Signatures and filing.
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 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; 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.
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.
Structure 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 2-1-1.6 - 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 2-1-16 - 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.