ENTITLED, An Act to revise the procedures for filing referred laws, initiated constitutional
amendments, and initiated measures and to revise certain election provisions and campaign
finance requirements for referred laws, initiated constitutional amendments, and initiated
measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 2-1 be amended by adding thereto a NEW SECTION to read as follows:
The petition as it is to be circulated for a referred law shall be filed with the secretary of state
prior to circulation for signatures and shall:
(1) Contain the title of the referred law;
(2) Contain the effective date of the referred law;
(3) Contain the date of the general election at which the referred law is to be submitted;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition
sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition shall be filed with the secretary of state within ninety days after the adjournment of
the Legislature which passed the referred law. 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 2. That chapter 2-1 be amended by adding thereto a NEW SECTION to read as follows:
The petition as it is to be circulated for an initiated constitutional amendment shall be filed with
the secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated constitutional amendment;
(2) Contain the date of the general election at which the initiated constitutional amendment
is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition
sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition circulator shall provide to each person who signs the petition a form containing the
title and explanation of the initiated constitutional amendment as prepared by the attorney general.
The form shall be approved by the secretary of state prior to circulation.
For any 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. The initiated constitutional amendment petition shall be filed with the secretary 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:
The petition as it is to be circulated for an initiated measure shall be filed with the secretary of
state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated measure;
(2) Contain the date of the general election at which the initiated measure is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition
sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition circulator shall provide to each person who signs the petition a form containing the
title and explanation of the initiated measure as prepared by the attorney general. The form shall be
approved by the secretary of state prior to circulation.
For any initiated measure 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. The initiated
measure petition shall be filed with the secretary 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 4. That § 2-1-2 be repealed.
Section 5. That § 2-1-2.1 be repealed.
Section 6. That § 2-1-4 be repealed.
Section 7. That § 2-1-6.2 be repealed.
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 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 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 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. However,
if such activity falls within thirty days of any statewide election, 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:
(1) Candidate or candidate campaign committee for any statewide or legislative office;
(2) Political action committee;
(3) Political party; and
(4) Ballot question committee.
The statement shall be signed and filed by the treasurer of the political committee or political
party. The statement shall be received by the secretary of state and filed by 5:00 p.m. each February
first and shall cover the contributions and expenditures for the preceding calendar year. The
statement shall also be received by the secretary of state and filed by 5:00 p.m. on the second Friday
prior to each primary and general election complete through the fifteenth day prior to that election.
If a candidate is seeking nomination at the biennial state convention, the candidate or the candidate
campaign committee shall file a campaign finance disclosure statement with the secretary of state
by 5:00 p.m. on the second Friday prior to any biennial state convention. Any statement filed
pursuant to this section shall be consecutive and shall cover contributions and expenditures since the
last statement filed.
The following are not required to file a campaign finance disclosure statement:
(1) A candidate campaign committee for legislative or county office on February first
following a year in which there is not an election for the office;
(2) A county, local, or auxiliary committee of any political party, qualified to participate in
a primary or general election, prior to a statewide primary election;
(3) A legislative or county candidate campaign committee without opposition in a primary
election, prior to a primary election;
(4) A candidate campaign committee whose name is not on the general election ballot, prior
to the general election; and
(5) 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.
A violation of this section is a Class 1 misdemeanor.
Section 11. That § 12-27-23 be amended to read as follows:
12-27-23. If the treasurer for a ballot question committee does not file a statement of organization
pursuant to chapter 2-1, the treasurer shall file a statement of organization with the secretary of state
not later than fifteen days after the date which the committee made 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 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 electronic
transmission in accordance with the methods approved by the secretary of state. To be timely filed,
any statement received by electronic transmission shall be legible and readable when received by the
means it was delivered.
An Act to revise the procedures for filing referred laws, initiated constitutional amendments, and
initiated measures and to revise certain election provisions and campaign finance requirements for
referred laws, initiated constitutional amendments, and initiated measures.
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I certify that the attached Act
originated in the
SENATE as Bill No. 70
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 70
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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