South Dakota Richard's Primary Election Law, Measure 1 (1912)
The South Dakota Richard's Primary Election Law Initiative, also known as Measure 1, was on the November 4, 1912 ballot in South Dakota as an indirect initiated state statute, where it was approved. The measure completely revised the state's primary laws.
|South Dakota Measure 1 (1912)|
Text of measure
Each measure on the South Dakota 1912 ballot appeared with the full text of the law or measure to be enacted followed by the question, "Shall the above measure or law (as the case may be) become the law of this State?" To the left of the question the words "Yes" and "No" appeared preceded by a square in which the voter was to mark their support or opposition to the law.
The full text of the initiated law can be read here.
Background & aftermath
The Richards Primary Law was named after its primary creator and sponsor, R. O. Richards of Huron, South Dakota. Richards was a candidate for United States Senate and served as the Republican state chairman. The work to replace the caucus system with a direct primary began strongly in 1903. In 1904, a petition to place the matter on the ballot as an initiated state statute was submitted with almost twice the number of required signatures, but was denied placement on the ballot by the legislature. Instead, the legislature passed the Honest Caucus Law, which retained the convention system with some new restrictions. This legislative move is credited as part of the reason for the election of Governor Crawford and a "progressive" legislature in 1906. This legislature passed a further revision of the convention system, which remained in place until 1912. In 1911, another initiated state statute was submitted on the same matter, and this time the legislature did not hinder its appearance on the ballot. That measure was approved by voters, but did not mark the end of the struggle for a direct primary in South Dakota.
The 1912 version of Richards Law created an extremely complex system for primary elections and was criticized for its expense and complications. Before the law even took effect, the legislature approved another initiated state statute for the 1914 ballot called the Coffey Law. It would have repealed the Richard's Law and replaced it with a more conventional primary system. This measure, however, was not approved by the voters. The 1912 law was allowed to go into effect.
While these two votes on the matter of direct primaries seemed to confirm the electorate's desire for direct primaries, the legislature enacted the Norbeck Law in 1915, which repealed the Richards law and substituted a more conventional primary system. The legislature enacted the measure with an emergency clause, making it impossible for a veto referendum to be called on the matter. The issue of legislative tampering by repealing initiated laws was challenged in the South Dakota Supreme Court, but the court upheld the constitutionality of such acts.
The legislative tampering led Richards to revise his law again. He secured its placement on the 1916 ballot, where it was narrowly defeated by 323 votes. However, Richards continued his attempts and secured the measure's placement on the 1918 ballot, where it was approved. This removed the Norbeck Law of 1915 and gave the state a direct primary system with strong public support.
- South Dakota 1912 ballot measures
- 1912 ballot measures
- List of South Dakota ballot measures
- History of Initiative & Referendum in South Dakota
- South Dakota Legislative Research Council, "Issue Memorandum 96-02:DIRECT PRIMARIES AND THE DEMOCRATIZATION OF THE PARTY NOMINATING PROCESS," April 26, 2005
- South Dakota Political Almanac, Table 7. Results of Elections Concerning State Constitutional Amendments and Initiated and Referred Laws, 1889-1968
- I&R Institute ballot measure database for South Dakota
- South Dakota Political Almanac, "Table 7. Results of Elections Concerning State Constitutional Amendments and Initiated and Referred Laws, 1889-1968," accessed May 22, 2014
- South Dakota, "Constitutional Amendment, Laws and Measures Submitted to the Electors on November 4, 1912," accessed June 23, 2014
- Berdahl, C. A. (1920) The Richards Primary. The American Political Science Review 14(1). 93-105.
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