(HB 1156)

Petition circulators pay and qualifications regulated.

         ENTITLED, An Act to  revise certain requirements concerning the pay and qualifications of petition circulators.


     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