South Dakota House Bill HB1146

South Dakota 2023 Regular Session

• Introduced: 1/26/23
• Refer: 1/26/23

Caption

Establish a citizen's legal standing to request a writ of mandamus or prohibition.

Impact

The proposed legislation could significantly influence how elections are managed within South Dakota. By enabling individuals to challenge the inaction or overreach of election officials, the bill adds a layer of transparency and oversight. This increased capacity for citizen intervention is anticipated to encourage officials to strictly adhere to state election laws, potentially improving the overall integrity of the electoral process. However, it may also lead to an increase in litigious actions against officials, creating additional pressure on judicial resources.

Summary

House Bill 1146 aims to establish a citizen's legal standing to file a request for a writ of mandamus or prohibition in response to perceived failures or misactions by state or local officials regarding election laws. Specifically, it allows registered voters to take court action if an official does not comply with or enforce state election law. The bill emphasizes the empowerment of citizens to seek judicial relief against officials who fail to act appropriately, thereby enhancing accountability and adherence to election regulations.

Contention

While the bill is framed as a means to enhance democratic engagement and ensure compliance with election rules, it has sparked a debate around the implications of allowing broad legal standing to citizens in these contexts. Supporters argue it would deter neglectful behavior by officials, while critics express concern that this provision may lead to frivolous lawsuits. There is apprehension about the potential for misuse of this legal standing, which could burden the judiciary and distract from the constructive administration of elections.