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11 | 11 | | |
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12 | 12 | | Introduced by: The Chair of the Committee on Local Government at the request of the Secretary of State |
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13 | 13 | | |
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14 | 14 | | Underscores indicate new language. |
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15 | 15 | | Overstrikes indicate deleted language. |
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16 | 16 | | An Act to require the secretary of state to publish the numbers pertaining to the 1 |
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17 | 17 | | collection of signatures on a nominating petition. 2 |
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18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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19 | 19 | | Section 1. That a NEW SECTION be added to chapter 12-6: 4 |
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20 | 20 | | The secretary of state shall publish the number of required signatures for each 5 |
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21 | 21 | | nominating petition listed in ยง 12-6-7 or 12-7-1, on the secretary of state's website no 6 |
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22 | 22 | | later than January second in the year of an election. 7 |
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| 23 | + | Section 2. That a NEW SECTION be added to chapter 12-6: 8 |
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| 24 | + | Any individual registered as a voter, as provided for in chapter 12-4, may submit 9 |
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| 25 | + | an affidavit stating that the numbers published by the secretary of state pursuant to 10 |
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| 26 | + | section 1 of this Act, are inaccurate. The affidavit must include an itemized list of the 11 |
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| 27 | + | alleged inaccuracies. The affidavit must be submitted to the secretary of state no later 12 |
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| 28 | + | than January sixteenth in the year of the election by five p.m. central time. All challenges 13 |
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| 29 | + | by the same individual must be included in one affidavit. 14 |
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| 30 | + | The decision of the secretary of state regarding a challenge under this section may 15 |
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| 31 | + | not be challenged a second time with the secretary of state but may be appealed to the 16 |
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| 32 | + | circuit court in Hughes County. An appeal challenging the numbers published by the 17 |
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| 33 | + | secretary of state, pursuant to section 1 of this Act, takes precedence over any other case 18 |
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| 34 | + | in the circuit court. Any party appealing the circuit court order to the Supreme Court must 19 |
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| 35 | + | file a notice of appeal within ten days of the date of the notice of the entry of the circuit 20 |
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| 36 | + | court order. A challenge under this section is the sole legal remedy to challenge the 21 |
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| 37 | + | numbers published by the secretary of state. 22 |
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