South Dakota Secretary of State

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The South Dakota Secretary of State is the state official responsible for maintaining official public documents, registering state lobbyists and administrating corporations, among other duties. In the areas of elections the secretary of state serves as the Chief Elections Officer and Chairman of the State Board of Elections.

The current officeholder is Chris Nelson.

Role in the initiative process

Referred laws

A referred law in South Dakota “is a petition to prevent a measure passed by the Legislature from becoming effective.” A referred law petition must be filed with the office of the secretary of state within 90 days after the state Legislature which passed the law in question has adjourned.

According to South Dakota Codified Law 2-1-3, only laws which do not effect "the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions" may be subject to a referral. The full text of the petition, the names and addresses of the petition sponsors and and the short title that will be used during the circulation process must be filed with the secretary of state after the petition sponsors have received written comments from the Legislative Research Council but before obtaining the required number of signatures for the referral to appear in the next general election.

The required number of signatures for a referral to be considered by the secretary of state is 5% of qualified voters.

Initiatives

An initiative in South Dakota can take one of two forms. An initiated measure involves existing state statutes and seeks to amend, add to, or repeal them. An initiated constitutional amendment involves provisions within the state constitution and the petition seeks to amend, add to, or repeal these provisions.

Initiative Petitions

Initiative petitions must be filed in the office of the secretary of state by the first Tuesday in April of a general election year and signatures must be obtained within one year following the filing of the full text of the petition. No signatures may be obtained more than 19 months preceding the election date designated on the petition.

The petition must have signatures of registered voters equal to 5% (16,776) of the total vote for governor in the last gubernatorial election.

Initiative Constitutional Amendments

The petition must be filed in the secretary of state's office one year before the general election. No signatures may be obtained more than 24 months preceding the election date designated on the petition.

The petition must have signatures of registered voters equal to ten percent (33,551) of the total vote for governor in the last gubernatorial election.

Contact information

Secretary of State
Capitol Building
500 East Capitol Avenue Ste 204
Pierre SD 57501-5070
Phone:605-773-3537
Fax:605-773-6580

See also

External links

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Current Secretaries of State
   
Secretary of State elections, 2010
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