South Dakota House Bill HB1105

South Dakota 2023 Regular Session

• Introduced: 1/23/23
• Refer: 1/23/23

Caption

Establish the legal standing of the Legislature to bring suit and be a necessary party in actions involving election law violations by public officials.

Impact

If enacted, HB 1105 could significantly change how election law violations are addressed in South Dakota. By granting the Legislature the explicit ability to sue any officials making unauthorized alterations to election laws, it centralizes the responsibility for enforcing and interpreting these laws within the legislative branch. This could potentially lead to more rigorous oversight of election processes and greater accountability among public officials, aiming to mitigate the risk of arbitrary changes that could affect electoral fairness.

Summary

House Bill 1105 seeks to establish the legal standing of the South Dakota Legislature to intervene and bring lawsuits concerning election law violations made by public officials. This bill clarifies that the Legislature can act as a necessary party in cases involving any unauthorized changes or waivers of election laws and regulations implemented by the Secretary of State, the Governor, state agencies, or any election officials at various levels. The measure is aimed at empowering the Legislature to uphold election integrity and ensure that changes to election laws are made with due authority and procedure.

Contention

While supporters argue that this bill is crucial for maintaining the integrity of the state's electoral framework, critics may express concerns about the implications of legislative overreach into executive functions. There could be debates surrounding the appropriateness of legislative intervention in matters generally managed by executive officers, such as the Secretary of State, and whether this could lead to politicization of election law enforcement. Additionally, the implications of allowing the Legislature to serve as a necessary party in such lawsuits could raise questions about separation of powers and the role of judicial review.