South Dakota Codified Laws 2-1-17.1. Submission of affidavit challenging petition to secretary of state–Appeal
Not more than thirty days after a statewide petition for an initiated amendment to the Constitution, initiated measure, or referred law has been validated and filed, any interested person who has researched the signatures contained on the petition may submit a sworn affidavit to the Office of Secretary of State to challenge the petition. The sworn affidavit shall include each specific deficiency other than the following:
(1) Signer does not live at address listed on the petition;
Terms Used In South Dakota Codified Laws 2-1-17.1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Circulator does not live at address listed on the petition;
(3) Circulator listed a residence address in South Dakota but is not a South Dakota resident;
(4) Circulator did not witness the signers;
(5) Signatures not included in the random sample; and
(6) Petition that was originally rejected.
Any challenge by the same person or party in interest shall be included in one sworn affidavit.
The original sworn affidavit shall be received by the Office of Secretary of State by 5:00 p.m. central time on the date. If the sworn affidavit challenges any deficiency prohibited under this section, that deficiency shall be rejected. A challenge to a deficiency is not a challenge to the petition as a whole.
No deficiency may be challenged a second time with the secretary of state. The secretary of state’s decision regarding a challenge under this section may be appealed to the circuit court of Hughes County. Any person who does not challenge a petition pursuant to this section, may bring a challenge pursuant to § 2-1-18.
Source: SL 2017, ch 12, § 3; SL 2018, ch 24, § 1.