23B 100th Legislative Session 23
AMENDMENT 23B
FOR THE INTRODUCED BILL
Introduced by: The Chair of the Committee on Local Government at the request of the Secretary of State
An Act to require the secretary of state to publish the numbers pertaining to the collection of signatures on a nominating petition.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to chapter 12-6:
The secretary of state shall publish the number of required signatures for each nominating petition listed in § 12-6-7 or 12-7-1, on the secretary of state's website no later than January second in the year of an election.
Section 2. That a NEW SECTION be added to chapter 12-6:
Any
individual registered as a voter, as provided for in chapter 12-4,
may submit an affidavit stating that the numbers published by the
secretary of state pursuant to section 1 of this Act, are inaccurate.
The affidavit must include an itemized list of the alleged
inaccuracies. The affidavit must be submitted to the secretary of
state no later than
the last Friday of
January
sixteenth
in the year of the election by five p.m. central time. All challenges
by the same individual must be included in one affidavit.
The decision of the secretary of state regarding a challenge under this section may not be challenged a second time with the secretary of state but may be appealed to the circuit court in Hughes County. An appeal challenging the numbers published by the secretary of state, pursuant to section 1 of this Act, takes precedence over any other case in the circuit court. Any party appealing the circuit court order to the Supreme Court must file a notice of appeal within ten days of the date of the notice of the entry of the circuit court order. A challenge under this section is the sole legal remedy to challenge the numbers published by the secretary of state.
Underscores indicate new language.
Overstrikes
indicate deleted language.