South Dakota 2025 Regular Session

South Dakota House Bill HB1169 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.113.18 100th Legislative Session 1169
	1	+	25.113.17 100th Legislative Session 1169
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1169
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to modify the signature requirement for a petition to initiate a
12		-	constitutional amendment.
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That § 2-1-1 be AMENDED:
15		-	2-1-1. A measure proposed by initiative may be presented only by a petition
16		-	signed by at least five percent of the qualified electors of the state.
17		-	An amendment to the South Dakota Constitution proposed by initiative may be
18		-	presented only by a petition signed by qualified voters from each senatorial district, equal
19		-	in number to at least five percent of the total votes cast for Governor in the senatorial
20		-	district at the last gubernatorial election, provided that the total number of signatures on
21		-	the petition equals at least ten percent of the total votes cast for Governor in the last
22		-	gubernatorial election.
23		-	Section 2. That § 2-1-1.1 be AMENDED:
24		-	2-1-1.1. A petition sponsor shall file, in a physical and electronic format, a petition
25		-	for an initiated amendment to the South Dakota Constitution, as it is to be circulated, with
26		-	the secretary of state before the petition may be circulated and at least one year before
27		-	the next general election at which the initiated amendment to the constitution is proposed
28		-	to be submitted to the voters. The petition must:
29		-	(1) Contain the full text of the initiated amendment in fourteen-point font;
30		-	(2) Designate the date of the general election at which the initiated amendment is to
31		-	be submitted;
32		-	(3) Contain the title and explanation as prepared by the attorney general;
33		-	(4) Be accompanied by a notarized affidavit form signed by each person who is a
34		-	petition sponsor that includes the name and address of each petition sponsor; and
35		-	(5) Be accompanied by a statement of organization as provided in § 12-27-6. 25.113.18 2 1169
36		-	HB1169 ENROLLED
37		-	Each petition circulator shall provide to each individual who signs the petition a
38		-	circulator handout containing the title and explanation of the initiated amendment to the
39		-	Constitution as prepared by the attorney general; any fiscal note prepared pursuant to
40		-	§ 2-9-30; the name, phone number, and email address of each petition sponsor; and a
41		-	statement indicating whether the petition circulator is a volunteer or paid circulator and,
42		-	if a paid circulator, the amount the circulator is being paid. The secretary of state must
43		-	approve the circulator handout for each initiated amendment to the Constitution before
44		-	the petition is circulated.
45		-	A petition for an initiated amendment to the constitution may not be circulated
46		-	more than twenty-four months before the general election that was designated pursuant
47		-	to subdivision (1). Each sheet of the petition must indicate the senatorial district where
48		-	the signatures were collected and may contain only signatures from that senatorial district.
49		-	A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the
50		-	documents filed constitute the entire petition and to the best of the knowledge of the
51		-	sponsors contains a sufficient number of signatures, must also be filed with the secretary
52		-	of state. The initiated amendment petition signatures must be filed with the secretary of
53		-	state by the first Tuesday in May of a general election year for the initiated amendment
54		-	to qualify for submission to the voters at the next general election.
55		-	The State Board of Elections shall promulgate rules, pursuant to chapter 1-26,
56		-	prescribing the form of the affidavit and the requirements of the petition not otherwise
57		-	specified by this section. 25.113.18 3 1169
58		-	HB1169 ENROLLED
59		-	An Act to modify the signature requirement for a petition to initiate a constitutional
60		-	amendment.
61		-
62		-
63		-
64		-
65		-	I certify that the attached Act originated in
66		-	the:
67		-
68		-	House as Bill No. 1169
69		-
70		-
71		-
72		-	Chief Clerk
73		-
74		-
75		-
76		-
77		-	Speaker of the House
78		-
79		-	Attest:
80		-
81		-
82		-
83		-
84		-	Chief Clerk
85		-
86		-
87		-
88		-
89		-	President of the Senate
90		-
91		-	Attest:
	6	+	SENATE STATE AFFAIRS ENGROSSED
92	7
93	8
94	9
95	10
96	11
97		-	~~Secretary of the Senate~~
	12	+	Introduced by: Representative Reimer
98	13
99		-
100		-
101		-	House Bill No. 1169
102		-	File No. ____
103		-	Chapter No. ______
104		-
105		-
106		-
107		-	Received at this Executive Office
108		-	this _____ day of _____________,
109		-
110		-	2025 at ____________M.
111		-
112		-
113		-
114		-	By
115		-	for the Governor
116		-
117		-
118		-	The attached Act is hereby
119		-	approved this ________ day of
120		-	______________, A.D., 2025
121		-
122		-
123		-
124		-
125		-
126		-	Governor
127		-
128		-	STATE OF SOUTH DAKOTA ,
129		-	ss.
130		-	Office of the Secretary of State
131		-
132		-
133		-	Filed ____________, 2025
134		-	at _________ o'clock __M.
135		-
136		-
137		-
138		-
139		-
140		-	Secretary of State
141		-
142		-
143		-
144		-	By
145		-	Asst. Secretary of State
146		-
147		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to modify the signature requirement for a petition to initiate a constitutional 1
	17	+	amendment. 2
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	19	+	Section 1. That § 2-1-1 be AMENDED: 4
	20	+	2-1-1. All measures A measure proposed by initiative shall may be presented only 5
	21	+	by a petition. The petition shall be signed by not less than at least five percent of the 6
	22	+	qualified electors of the state. 7
	23	+	An amendment to the South Dakota Constitution proposed by initiative may be 8
	24	+	presented only by a petition signed by qualified voters from each senatorial district, equal 9
	25	+	in number to at least five percent of the total votes cast for Governor in the senatorial 10
	26	+	district at the last gubernatorial election, provided that the total number of signatures on 11
	27	+	the petition equals at least ten percent of the total votes cast for Governor in the last 12
	28	+	gubernatorial election. 13
	29	+	Section 2. That § 2-1-1.1 be AMENDED: 14
	30	+	2-1-1.1. A petition sponsor shall file, in a physical and electronic format, a petition 15
	31	+	for an initiated amendment to the South Dakota Constitution, as it is to be circulated for 16
	32	+	an initiated amendment to the Constitution must be filed, with the secretary of state, 17
	33	+	including an electronic copy of the petition, prior to circulation for signatures before the 18
	34	+	petition may be circulated and at least one year before the next general election at which 19
	35	+	the initiated amendment to the constitution is proposed to be submitted to the voters. 20
	36	+	The petition filing must: 21
	37	+	(1) Contain the full text of the initiated amendment in fourteen-point font; 22
	38	+	(2) Contain Designate the date of the general election at which the initiated 23
	39	+	amendment is to be submitted; 24
	40	+	(3) Contain the title and explanation as prepared by the attorney general; 25 25.113.17 2 1169
	41	+	Underscores indicate new language.
	42	+	Overstrikes indicate deleted language.
	43	+	(4) Be accompanied by a notarized affidavit form signed by each person who is a 1
	44	+	petition sponsor that includes the name and address of each petition sponsor; and 2
	45	+	(5) Be accompanied by a statement of organization as provided in § 12-27-6. 3
	46	+	Each petition circulator shall provide to each person individual who signs the 4
	47	+	petition a circulator handout containing the title and explanation of the initiated 5
	48	+	amendment to the Constitution as prepared by the attorney general; any fiscal note 6
	49	+	prepared pursuant to § 2-9-30; the name, phone number, and email address of each 7
	50	+	petition sponsor; and a statement indicating whether the petition circulator is a volunteer 8
	51	+	or paid circulator and, if a paid circulator, the amount the circulator is being paid. The 9
	52	+	secretary of state shall must approve the circulator handout for each initiated amendment 10
	53	+	to the Constitution before the petition is circulated. 11
	54	+	For any initiated amendment petition, no signature may be obtained A petition for 12
	55	+	an initiated amendment to the constitution may not be circulated more than twenty-four 13
	56	+	months preceding before the general election that was designated at the time of filing of 14
	57	+	the full text pursuant to subdivision (1). Each sheet of the petition must indicate the 15
	58	+	senatorial district where the signatures were collected and may contain only signatures 16
	59	+	from that senatorial district. A sworn affidavit, signed by at least two-thirds of the petition 17
	60	+	sponsors, stating that the documents filed constitute the entire petition and to the best of 18
	61	+	the knowledge of the sponsors contains a sufficient number of signatures, must also be 19
	62	+	filed with the secretary of state. The initiated amendment petition signatures must be filed 20
	63	+	with the secretary of state by the first Tuesday in May of a general election year for the 21
	64	+	initiated amendment to qualify for submission to the voters at the next general election. 22
	65	+	The State Board of Elections shall prescribe promulgate rules, pursuant to chapter 23
	66	+	1-26, prescribing the form of the affidavit and the requirements of the petition not 24
	67	+	otherwise, including petition size and petition font size for ballot measure language not 25
	68	+	prescribed in this section specified by this section. 26