CHAPTER 78
(HB 1156)
Petition circulators pay and qualifications regulated.
ENTITLED, An Act to
revise certain requirements concerning the pay and qualifications of
petition circulators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter
12-13
be amended by adding thereto a NEW SECTION to read as
follows:
No person may employ, reward, or compensate any person to circulate a petition for an
initiated measure, referred law, or proposed amendment to the South Dakota Constitution based
on the number of registered voters who signed the petition. Nothing in this section prohibits any
person from employing a petition circulator based on one of the following practices:
(1) Paying an hourly wage or salary;
(2) Establishing either express or implied minimum signature requirements for the petition
circulator;
(3) Terminating the petition circulator's employment, if the petition circulator fails to meet
certain productivity requirements; and
(4) Paying discretionary bonuses based on reliability, longevity, and productivity.
Any violation of this section is a Class 2 misdemeanor.
Section
2.
That
§
12-1-3
be amended to read as follows:
12-1-3.
Terms used in this title mean:
(1)
"Candidate," a person whose name is on the ballot or who is entitled to be on the ballot
to be voted upon for nomination or election at any election;
(2)
"Election," any election held under the laws of this state;
(3)
"Election officials," state and local officials charged with the duty of conducting
elections and the canvass of returns;
(4)
"Elector," a person qualified to register as a voter, whether or not the person is
registered;
(5)
"General election," the vote required to be taken in each voting precinct of the state on
the first Tuesday after the first Monday in November of each even-numbered year;
(6)
"Party office," an office of a political party organization as distinct from a public office;
(7)
"Person in charge of an election," or "person charged with the conduct of an election,"
the county auditor in all cases except local elections for a municipality, school district,
township, or other political subdivision, in which case it is the officer having the
position comparable to the auditor in that unit of government if not specifically
designated by law;
(8)
"Petition," a form prescribed by the State Board of Elections, which contains the
question or candidacy being petitioned, the declaration of candidacy if required and the
verification of the circulator. If multiple sheets of paper are necessary to obtain the
required number of signatures, each sheet shall be self-contained and separately verified
by the circulator;
(9)
"Petition circulator," a
person of
resident of the state of South Dakota who is
at least
eighteen years of age who circulates nominating petitions or other petitions for the
purpose of placing candidates or issues on any election ballot;
(10)
"Political party," a party whose candidate for Governor at the last preceding general
election at which a Governor was elected received at least two and one-half percent of
the total votes cast for Governor;
(10.1) "Polling place," a designated place voters may go to vote;
(11)
"Primary" or "primary election," an election held at which candidates are nominated for
public office;
(12)
"Public office," an elected position in government;
(13)
"Registered mail," does not include certified mail;
(14)
"Registration officials," the county auditor and deputies and other persons authorized
to assist in registration pursuant to chapter 12-4;
(15)
"Voter," a person duly registered to vote or one who is performing the act of voting.
Signed March 2, 2007