The Committee on Local Government at the request of the State Board of
FOR AN ACT ENTITLED, An Act to
create a procedure for challenging certain nominating,
initiative, or referendum petitions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Within two days after a nominating, initiative, or referendum petition is filed with
the appropriate officer, any interested person who has researched the signatures contained on
the petition may file an affidavit stating that the petition contains deficiencies as to the number
of signatures from persons who are eligible to sign the petition. The affidavit shall include an
itemized listing of the specific deficiencies in question.
The appropriate officer shall verify the information contained in the affidavit filed
pursuant to section 1 of this Act and make a written declaration regarding the validity of the
signatures in question. The officer shall verify that each person was a registered voter at the time
the person signed the petition by using the registration documents on file in the office of the
The person in charge of the election shall immediately notify by certified mail any
candidate whose nominating petition or any primary sponsor whose referendum or initiative
petition is rejected and declared invalid in accordance with this Act.
If a person fails to challenge a petition pursuant to section 1 of this Act, it does
not deny that person any other legal remedy to challenge the filing of a nominating, initiative, or