25.874.10 100th Legislative Session 1267
2025 South Dakota Legislature
House Bill 1267
HOUSE JUDICIARY ENGROSSED
Introduced by: Representative Ismay
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit the use of paid petition circulators, and provide a penalty therefor. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 2-1-1.1 be AMENDED: 3
2-1-1.1. A petition as it is to be circulated for an initiated amendment to the 4
Constitution must be filed with the secretary of state, including an electronic copy of the 5
petition, prior to circulation for signatures and at least one year before the next general 6
election at which the initiated amendment is proposed to be submitted to the voters. The 7
petition filing must: 8
(1) Contain the full text of the initiated amendment in fourteen-point font; 9
(2) Contain the date of the general election at which the initiated amendment is to be 10
submitted; 11
(3) Contain the title and explanation as prepared by the attorney general; 12
(4) Be accompanied by a notarized affidavit form signed by each person who is a 13
petition sponsor that includes the name and address of each petition sponsor; and 14
(5) Be accompanied by a statement of organization as provided in § 12-27-6. 15
Each petition circulator shall provide to each person who signs the petition a 16
circulator handout containing the title and explanation of the initiated amendment to the 17
Constitution as prepared by the attorney general; any fiscal note prepared pursuant to 18
§ 2-9-30; and the name, phone number, and email address of each petition sponsor ; and 19
a statement whether the petition circulator is a volunteer or paid circulator and, if a paid 20
circulator, the amount the circulator is being paid. The secretary of state shall approve 21
the circulator handout for each initiated amendment to the Constitution before the petition 22
is circulated. 23
For any initiated amendment petition, no signature may be obtained more than 24
twenty-four months preceding the general election that was designated at the time of 25
filing of the full text. A sworn affidavit, signed by at least two-thirds of the petition 26 25.874.10 2 1267
Underscores indicate new language.
Overstrikes indicate deleted language.
sponsors, stating that the documents filed constitute the entire petition and to the best of 1
the knowledge of the sponsors contains a sufficient number of signatures, must also be 2
filed with the secretary of state. The initiated amendment petition signatures must be filed 3
with the secretary of state by the first Tuesday in May of a general election year for the 4
initiated amendment to qualify for submission to the voters at the next general election. 5
The State Board of Elections shall prescribe the form of the affidavit and the petition 6
otherwise, including petition size and petition font size for ballot measure language not 7
prescribed in this section. 8
Section 2. That § 2-1-1.2 be AMENDED: 9
2-1-1.2. A petition as it is to be circulated for an initiated measure must be filed 10
with the secretary of state, including an electronic copy of the petition, prior to circulation 11
for signatures and at least one year before the next general election at which the initiated 12
measure is proposed to be submitted to the voters. The petition filing must: 13
(1) Contain the full text of the initiated measure in fourteen-point font; 14
(2) Contain the date of the general election at which the initiated measure is to be 15
submitted; 16
(3) Contain the title and explanation as prepared by the attorney general; 17
(4) Be accompanied by a notarized affidavit form signed by each person who is a 18
petition sponsor that includes the name and address of each petition sponsor; and 19
(5) Be accompanied by a statement of organization as provided in § 12-27-6. 20
Each petition circulator shall provide to each person who signs the petition a 21
circulator handout containing the title and explanation of the initiated measure as 22
prepared by the attorney general; any fiscal note prepared pursuant to § 2-9-30; and the 23
name, phone number, and email address of each petition sponsor ; and a statement 24
whether the petition circulator is a volunteer or paid circulator and, if a paid circulator, the 25
amount the circulator is being paid. The secretary of state shall approve the circulator 26
handout for each initiated measure before the petition is circulated. 27
For any initiated measure petition, no signature may be obtained more than 28
twenty-four months preceding the general election that was designated at the time of 29
filing of the full text. A sworn affidavit, signed by at least two-thirds of the petition 30
sponsors, stating that the documents filed constitute the entire petition and to the best of 31
the knowledge of the sponsors contains a sufficient number of signatures, must also be 32
filed with the secretary of state. The initiated measure petition signatures must be filed 33
with the secretary of state by the first Tuesday in May of a general election year for the 34 25.874.10 3 1267
Underscores indicate new language.
Overstrikes indicate deleted language.
initiated measure to qualify for submission to the voters at the next general election. The 1
State Board of Elections shall prescribe the form of the affidavit and the petition otherwise, 2
including petition size and petition font size for ballot measure language not prescribed in 3
this section. 4
Section 3. That § 2-1-1.3 be AMENDED: 5
2-1-1.3. Terms used in this chapter mean: 6
(1) "Circulates," either: 7
(a) Physically presents or otherwise makes available a ballot measure petition 8
to another person for that person's signature; or 9
(b) Solicits from another person, personally and in the presence of such other 10
person, a signature on a ballot measure petition, while acting in concert 11
with another person who simultaneously physically presents or otherwise 12
makes available the ballot measure petition; 13
(2) "Petition circulator," the same as the term is defined under § 12-1-3; 14
(3) "Petition sponsor," any person who proposes the placement of a statewide ballot 15
measure on the ballot; and 16
(4) "Ballot measure," any measure placed on a statewide ballot in accordance with 17
§ 2-1-1.1, 2-1-1.2, or 2-1-3.1; 18
(5) "Paid circulator," any person who receives money or anything of value as 19
consideration, in whole or in part, for acting as a petition circulator; 20
(6) "Volunteer circulator," any person who does not receive money or anything of value 21
as consideration, in whole or in part, for acting as a petition circulator. 22
Section 4. That a NEW SECTION be added to chapter 2-1: 23
No petition sponsor, company, person, or individual may compensate any other 24
individual, corporation, or association of individuals or provide any other thing of value in 25
consideration of or as an inducement to circulate a petition to initiate a measure or an 26
amendment to the constitution, or to refer a law to a vote of the electors of this state. 27
Upon a judicial finding of any violation of this section, the petition must be deemed 28
void ab initio. 29
Section 5. That § 2-1-3.1 be AMENDED: 30 25.874.10 4 1267
Underscores indicate new language.
Overstrikes indicate deleted language.
2-1-3.1. The petition as it is to be circulated for a referred law must be filed with 1
the secretary of state prior to circulation for signatures and must: 2
(1) Contain the title of the referred law; 3
(2) Contain the effective date of the referred law; 4
(3) Contain the date of the general election at which the referred law is to be 5
submitted; 6
(4) Be accompanied by a notarized form signed by each person who is a petition 7
sponsor that includes the names and addresses of each petition sponsor; and 8
(5) Be accompanied by a statement of organization as provided in § 12-27-6. 9
The petition must be filed with the secretary of state within ninety days after the 10
adjournment of the Legislature that passed the referred law. A sworn affidavit, signed by 11
at least two-thirds of the petition sponsors, stating that the documents filed constitute the 12
entire petition and to the best of the knowledge of the sponsors contains a sufficient 13
number of signatures, must also be filed with the secretary of state. The State Board of 14
Elections shall prescribe the form of the petition and affidavit. 15
The petition circulator shall provide to each person who signs the petition a 16
circulator handout containing the title of the referred law; any fiscal note or summary of 17
a fiscal note obtained pursuant to § 2-9-32; and the name, phone number, and email 18
address of each petition sponsor; a statement whether the petition circulator is a volunteer 19
or paid circulator and, if a paid circulator, the amount the circulator is being paid. The 20
secretary of state shall approve the circulator handout for each referred law before the 21
petition is circulated. 22