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Modify the signature requirement for a petition to initiate a constitutional amendment.
This bill changes how many signatures are needed to propose a constitutional amendment through a citizen petition. Instead of requiring signatures from at least 5% of the state's qualified voters, the new rule requires signatures from voters in each of South Dakota's senatorial districts, with each district needing at least 10% of the total votes that were cast for Governor in that district during the last governor's election.
Prohibit the use of paid petition circulators, and provide a penalty therefor.
This bill prohibits people from being paid to collect signatures for petitions to initiate constitutional amendments or laws in South Dakota. Anyone who violates this ban by paying petition circulators or accepting payment to circulate petitions would face penalties, effectively requiring all signature collection to be done by unpaid volunteers.
Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring that a constitutional amendment receive an affirmative vote of sixty percent of the votes cast before the measure is enacted.
This bill asks South Dakota voters to approve a constitutional amendment that would require future constitutional changes to receive at least two-thirds approval from voters, instead of just a simple majority as currently required. If approved, this would make it harder to amend the state constitution by raising the threshold needed to pass constitutional amendments. The change would apply to both legislatively-proposed amendments and citizen-initiated ballot measures.
Proposing and submitting to the voters at the next general election amendments to the Constitution to the State of South Dakota, increasing the number of required signatures on a petition to initiate an amendment or measure.
South Dakota voters would be asked to approve a constitutional amendment that increases the number of signatures required to start a ballot initiative or referendum (a citizen-proposed law or veto of a law). Currently, the state constitution requires signatures from no more than five percent of qualified voters; this amendment would raise that threshold, making it harder for citizens to get measures on the ballot through petition signatures.
Proposing and submitting to the voters at the next general election amendments to the Constitution of the State of South Dakota, requiring an intervening general election before consideration of an initiated constitutional amendment or initiated measure having the same subject as a previously rejected initiated amendment or measure.
This joint resolution proposes a constitutional amendment that would require voters to reject an initiative or constitutional amendment twice before it can be brought back—an intervening general election must occur between the first rejection and any new attempt with the same subject matter. Currently, South Dakota allows citizens to submit the same initiative again immediately after it fails, but this change would prevent that by creating a waiting period of at least two years.
Revise the requirements for a petition to initiate a measure or constitutional amendment or to refer a law.
SB91 makes technical changes to how citizens submit petitions to put constitutional amendments and laws on the ballot in South Dakota. The bill revises filing requirements to clarify that petitions must be submitted in both physical and electronic formats to the secretary of state, and it specifies that certain documents like the amendment text, attorney general's explanation, and fiscal notes must accompany the petition filing. The bill also updates procedural rules around petition circulators providing information to people who sign petitions.
Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring a number of signatures on a petition to initiate a constitutional amendment be obtained from each county.
South Dakota voters would decide whether to require that constitutional amendment petitions collect signatures from each county, rather than just from each senatorial district as current law requires. The change would make it harder to qualify amendments for the ballot by spreading the signature-gathering requirement more broadly across the state. This is a proposed constitutional amendment that needs voter approval to take effect.
Amend the deadline for filing a petition to initiate a measure or constitutional amendment.
This bill moves up the deadline for filing constitutional amendment petitions from one year before the general election to some earlier point (the specific new deadline isn't fully shown in the excerpt provided). The change affects groups seeking to put constitutional changes directly before South Dakota voters through the ballot initiative process.
Require that the director of the Legislative Research Council and the secretary of state review an initiated measure and determine if the measure embraces more than one subject.
South Dakota's secretary of state must now review every proposed ballot initiative to check whether it violates the state constitution's requirement that measures address only one subject, and certify compliance in writing to the sponsors and state officials. If the secretary of state denies certification, anyone can appeal directly to the Supreme Court within 15 days, and the same appeal right applies if someone challenges a measure that was certified.
Require an individual be registered as a voter of this state before being eligible to be a petition sponsor for a ballot measure.
South Dakota voters who want to sponsor a ballot measure petition must now be registered voters in the state, a new requirement that didn't previously exist. The bill also modifies the petition filing process to clarify that sponsors must submit notarized affidavits with their names and addresses before circulation begins. These changes apply to petitions for constitutional amendments and likely other ballot measures governed by the same election code sections.
Supporting the Electoral College, denouncing the National Popular Vote Interstate Compact, and inviting interested states to form the Electoral College Interstate Compact.
This concurrent resolution expresses South Dakota's support for the Electoral College system and opposition to the National Popular Vote Interstate Compact, which is an agreement among states to award their electoral votes based on the national popular vote winner rather than their own state's results. The resolution also invites other states to join South Dakota in forming an "Electoral College Interstate Compact" to defend the current system. This resolution does not change existing state law—it is a statement of legislative opinion on presidential election policy.