State of South Dakota
|
EIGHTY-SEVENTH SESSION LEGISLATIVE ASSEMBLY, 2012 |
465T0170 | SENATE LOCAL GOVERNMENT ENGROSSED NO. SB 70 - 2/6/2012 |
Introduced by: Senators Holien, Novstrup (Al), Olson (Russell), Peters, and Schlekeway and
Representatives Sigdestad, Bolin, Deelstra, Fargen, Hansen (Jon), Hoffman,
Kirkeby, and Novstrup (David)
|
of state at least one year before the next general election. A sworn affidavit, signed by at least
two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition
and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall
also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed
by the State Board of Elections.
Section 3. That chapter 2-1 be amended by adding thereto a NEW SECTION to read as
follows:
knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the
secretary of state. The form of the petition and affidavit shall be prescribed by the State Board
of Elections.
Section 4. That § 2-1-2 be repealed.
2-1-2. Filing of initiative petitions for submission to voters at next general election. The
petition shall be filed in the Office of the Secretary of State by the first Tuesday in November
of the year prior to a general election year for submission to the electors at the next general
election.
Section 5. That § 2-1-2.1 be repealed.
2-1-2.1. A petition of the voters proposing an amendment to the Constitution shall be filed
in the Office of the Secretary of State at least one year before the next general election and, if
timely filed, shall be submitted to the voters at the next general election in the same manner as
other questions and measures are submitted under the provisions of chapter 12-13.
Section 6. That § 2-1-4 be repealed.
2-1-4. The petition shall be filed in the Office of the Secretary of State within ninety days
after the adjournment of the Legislature which passed such law.
Section 7. That § 2-1-6.2 be repealed.
2-1-6.2. The petition as it is to be circulated for any initiative or initiated constitutional
amendment shall contain the full text of the measure, the date of the general election at which
the initiated law or initiated constitutional amendment is to be submitted, and the title and
explanation as prepared by the attorney general, accompanied by the names and addresses of the
petition sponsors and shall be filed with the secretary of state prior to circulation for signatures.
The circulator shall provide to each person who signs the petition a copy of the explanation as
prepared by the attorney general. The petition as it is to be circulated for a referred law shall
contain the title of the referred law, the effective date of the referred law, and the date of the
general election at which the referred law is to be submitted. The petition shall be accompanied
by the names and addresses of the petition sponsors and shall be filed with the secretary of state
prior to circulation for signatures. The signer's post office box number may be given in lieu of
a street address if the signer lives within a municipality of the second or third class. The form
of the petitions shall be prescribed by the State Board of Elections. For any initiated measure
or initiated constitutional amendment petition, no signatures may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full
text. An initiative petition and an initiated constitutional amendment petition shall be filed with
the secretary of state by the date set forth in § 2-1-2 or 2-1-2.1, as applicable. All sections of any
petition filed under this chapter shall be filed with the secretary of state simultaneously together
with a sworn affidavit on forms promulgated by the State Board of Elections, signed by two-thirds of the sponsors stating that the documents filed constitute the entire petition and to the
best of their knowledge contain a sufficient number of signatures.
Section 8. That § 12-13-2 be amended to read as follows:
12-13-2. The county auditor shall, on or before the first day of October of each year when
in which there is a general election, send by electronic transmission or mail to each official
newspaper of the county a copy of all measures and questions as certified to him pursuant to
§ 12-13-1.
Section 9. That § 12-27-3 be amended to read as follows:
12-27-3. The treasurer for a political action committee or ballot question committee shall
file a statement of organization with the secretary of state not later than fifteen days after the
date upon which the committee made contributions, received contributions, or paid expenses
in excess of five hundred dollars unless. However, if such activity falls within thirty days of any
statewide election in which case, the statement of organization shall be filed within forty-eight
hours. A candidate shall file a statement of organization for a candidate campaign committee
with the secretary of state not later than fifteen days after becoming a candidate pursuant to this
chapter. Notwithstanding the provisions of § 12-27-41, the statement of organization shall
include the original signature of each person filing the statement. A political committee that
regularly files a campaign finance disclosure statement with another state or the Federal Election
Commission or a report of contributions and expenditures with the Internal Revenue Service is
not required to file a statement of organization. A violation of this section is a Class 2
misdemeanor.
Section 10. That § 12-27-22 be amended to read as follows:
12-27-22. A campaign finance disclosure statement shall be filed with the secretary of state
by the treasurer of every:
convention. Any statement filed pursuant to this section shall be consecutive and shall cover
contributions and expenditures since the last statement filed.
contributions, received contributions, or paid expenses in excess of five hundred dollars.
However, if such activity falls within thirty days of any statewide election, the statement of
organization shall be filed within forty-eight hours. A ballot question committee that regularly
files a campaign finance disclosure statement with another state or the Federal Election
Commission or a report of contributions and expenditures with the Internal Revenue Service is
not required to file a statement of organization. A violation of this section is a Class 1 Class 2
misdemeanor.
Section 12. That § 12-27-41 be amended to read as follows:
12-27-41. Any statement required to be filed under this chapter may be filed by facsimile
device or electronic mail transmission in accordance with the methods approved by the secretary
of state. To be timely filed, any statement received by facsimile device or electronic mail
transmission shall be legible and readable when received by the means it was delivered. The
original shall be filed with the secretary of state within one week following the date the
facsimile or electronic mail transmission was received.