South Dakota Legislative Changes to the Initiative and Referendum Process Initiative (2018)
| South Dakota Legislative Changes to the Initiative and Referendum Process Initiative | |
|---|---|
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| Election date November 6, 2018 | |
| Topic Direct democracy measures | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
The South Dakota Legislative Changes to the Initiative and Referendum Process Initiative was not put on the ballot in South Dakota as an initiated constitutional amendment on November 6, 2018.
The measure would have made changes to the initiative process in South Dakota.
The measure would have required the state Legislature to refer to the ballot for voter approval or rejection all bills that do the following:[1]
- change the number of electors required to get citizen-initiated measures placed on the ballot;
- change the time available for signature gathering for citizen-initiated measures; and
- change the number of electors who must vote to pass citizen-initiated measures.
The measure would have changed the requirement that the number of signatures required for initiated constitutional amendments be at least 10 percent of the total votes cast in the last gubernatorial election to a maximum of 10 percent.[2]
The measure would have required a two-thirds vote of each chamber of the state legislature to amend or repeal a voter-approved initiative for seven years from its effective date. Thereafter, the legislature would have been allowed to amend or repeal an initiative by a simple majority vote.[1]
The initiative would have provided that approved ballot measures go into effect 30 days after the election. [1]
In the case of conflicting ballot measures, the initiative would have required that the one receiving the most affirmative votes wins.[1]
The measure would also have allowed citizens to initiate veto referendums on all bills, except general appropriation bills. Citizens would have been allowed to initiate referendums on bills with emergency clauses. However, a bill with an emergency clause that is referred to the ballot through a referendum campaign would have remained in effect until the public voted on the bill.[1]
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ | An initiated amendment to the South Dakota Constitution regarding initiated and referred measures.[3] | ” |
Ballot summary
The ballot summary was as follows:[1]
| “ | Currently, most laws enacted by the Legislature or a municipality may be referred to a vote of the people. Laws that cannot be referred are those necessary for public peace, health or safety, or for the support of government and its existing public institutions, including laws containing an emergency clause (with an immediate effective date). The amendment removes this restriction and permits referral of all laws except general appropriation bills.
Under the amendment, if an initiated or referred measure is approved by voters and becomes law, it cannot be repealed or amended by the Legislature for 7 years, except by a two-thirds vote of each legislative chamber. This restriction likewise applies to municipal governing bodies. If the Legislature enacts certain laws changing the initiative, referendum, or constitutional amendment process, those laws must be referred. The current Constitution establishes a minimum number of petition signatures required to propose a constitutional amendment: at least 10% of the total votes cast in the last governor's election. Under this amendment, that number becomes a maximum ("cap") instead. Some of the amendment's provisions lack clarity and may conflict with existing state and federal election laws. Judicial or legislative clarification may be necessary.[3] |
” |
Constitutional changes
- See also: Article III and Article XXIII, South Dakota Constitution
The measure would have amended Section 1 of Article III, add a Section 33 to Article III, and amended Section 1 of Article XXIII of the South Dakota Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1]
Note: Hover over the text and scroll to see the full text.
The legislative power of the state shall be vested in a Legislature which shall consist of a senate and house of representatives. However, the people expressly reserve to themselves the right to propose measures, which shall be submitted to a vote of the electors of the state, and also the right to require that any laws which the Legislature may have enacted shall be submitted to a vote of the electors of the state before going into effect, except such laws as may be the general appropriation bill. A law enacted by the Legislature that is necessary for the immediate preservation of the public peace, health or safety, or support of the state government and its existing public institutions may be-referred within ninety days of the law going into effect. A law enacted with an emergency clause but referred to a public vote shall remain in effect until the law is voted upon by the people. If a law enacted with an emergency clause is rejected by a
majority vote in a general or special election, the law is repealed. Not more than five percent of the qualified electors of the state shall be required to invoke either the initiative or the referendum.
If a majority of votes cast upon an initiated or referred measure are affirmative, the measure shall be enacted. An initiated or referred measure which is approved is effective thirty days after the election. If conflicting measures are approved, the measure receiving the highest number of affirmative votes shall be law. A measure approved by the electors may not be repealed or amended by the Legislature for seven years from its effective date, except by a two-thirds vote of the members elected to each house.
This section shall may not be construed so as to deprive the Legislature or any member thereof of the right to propose any measure. The veto power of the Executive shall may not be exercised as to measures referred to a vote of the people. This section shall apply also applies to municipalities. The enacting clause of all laws approved by vote of the electors of the state shall be: "Be it enacted by the people of South Dakota." The Legislature shall make suitable provisions for carrying into effect the provisions of this section.
Section 33 of Article III
The Legislature shall refer to a vote of the electors of the state any law effectively changing the number of electors required to submit an initiated measure, referred law, or constitutional amendment to a public vote; the time available for electors to circulate an initiative, referendum, or constitutional amendment petition; or the number of electors who must vote to pass an initiated measure, referred law, or constitutional amendment. No law changing the criteria enumerated in this section may take effect until after that law has received a majority vote in a general or special election.
Section 1 of Article XXIII
Amendments to this Constitution may be proposed by initiative or by a majority vote of all members of each house of the Legislature. An amendment proposed by initiative shall require a petition signed by qualified voters. equal in number to at least A number of qualified electors of the state not greater than ten percent of the total votes cast for Governor in the last gubernatorial election shall be required to sign the petition to submit an amendment to a vote of the electors of the state. The petition containing the text of the proposed amendment and the names and addresses of its sponsors shall be filed at least one year before the next general election at which the proposed amendment is submitted to the voters. A proposed amendment may amend one or more articles and related subject matter in other articles as necessary to accomplish the objectives of the amendment.[3]
Background
The initiative and referendum task force and the 2018 session
The South Dakota State Legislature approved House Bill 1141 during its 2017 legislative session. The bill established a task force to investigate the state's initiative and veto referendum processes and suggest changes to the state legislature for consideration in the 2018 legislative session. Any changes suggested that require a constitutional amendment would require the legislature to refer the proposal to the voters. Statute changes could be passed directly by the legislature. As of August 23, 2017, the 13-member committee had met three times. The last meeting took place on October 6, 2017, as a remote meeting to discuss proposals to establish a citizen review board for initiatives, requirements for public testimony on initiatives, and a process for mailed voter information pamphlets. A roster of the members of the task force is available here.
The most significant of the task force's votes were on Draft #114—which was designed to require a two-thirds (66.67%) vote in the state Legislature to amend or repeal citizen initiatives—and Draft #81—which was designed to require a 55 percent supermajority vote at the ballot box to approve constitutional amendments. The interim committee voted 7-6 against recommending Draft #114 and 11-2 in favor of Draft #81. Although the task force rejected the restriction on the legislature's ability to amend or repeal citizen initiatives, Rep. Karen L. Soli (D-15) and Sen. Reynold Nesiba (D-15) voted in favor of it, and the committee discussed the possibility of one of these legislators introducing the legislation despite its rejection by the full task force.[4][5]
The task force voted on nine other proposals and approved of seven, which means they will be recommended to state lawmakers during the 2018 legislative session. Details about these draft bills is available here.[5]
One of the provisions of this initiative required a two-thirds (66.67%) vote of the legislature to amend or repeal citizen initiatives and veto referendums for seven years. This is similar to Draft #114, which was rejected by the task force by a margin of one vote.[5]
Another of the provisions of this initiative would have established that, if conflicting measures of the same type (i.e. a pair of conflicting initiated state statutes or a pair of conflicting initiated constitutional amendments) were both approved, the one with the most yes votes would supersede the other in all areas of conflict. This was a suggestion made by the task force (Draft #84) and was set to be introduced in the state Senate in 2018.[5]
This initiative was also designed to prevent any changes to the number of valid signatures required to qualify an initiative or referendum for the ballot, the time available for signature gathering, and the required voter approval threshold to pass citizen-initiated measures. The task force's proposal to raise the threshold required to approve a constitutional amendment to a 55 percent supermajority vote was designed to apply only to constitutional amendments and not initiated state statutes or veto referendums. The task force did not approve any proposals to alter the signature requirements for initiatives. Although the task force did not approve any proposals that explicitly changed the time available for signature gathering, it did approve of several draft bills that altered the timeline for things like the Legislative Research Council's evaluation of submitted initiatives. Moreover, the task force's final meeting, set for October 6, 2017, was called to consider ideas like a citizen panel, the preparation and mailing of voter information guides, and public hearing requirements, which could alter the signature gathering time frame.[5]
Path to the ballot
In South Dakota, supporters must send proposed initiatives to the South Dakota Legislative Research Council (LRC) for review. Proponents then send the proposal to the attorney general's office to have a ballot title and summary drafted. This information is forwarded to the secretary of state. Supporters can start signature collection as early as two years before the targeted election, and signatures must be submitted at least one year before the targeted election. Signature requirements in South Dakota are based on the total number of votes cast in the state's most recent gubernatorial election. A number of signatures equal to 10 percent of this total is necessary for qualifying initiated constitutional amendments for the 2018 ballot. Supporters needed to collect and submit at least 27,741 valid signatures by November 6, 2017, in order to qualify an initiated constitutional amendment for the 2018 ballot. Since no signatures were submitted by the deadline, the measure was not put on the 2018 ballot.
The South Dakota Legislative Research Council received drafts of the proposed initiative on April 25, 2017.[6][7][8]
On June 5, 2017, the attorney general drafted a ballot title and summary for the initiative.[1][9]
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 South Dakota Secretary of State, "An Initiated Amendment to the South Dakota Constitution Regarding Initiated and Referred Measures," accessed June 6, 2017
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedcap - ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Argus Leader, "Panel won't recommend raising bar for repealing voter-approved laws," August 23, 2017
- ↑ 5.0 5.1 5.2 5.3 5.4 South Dakota Legislature, "Interim: Initiative and Referendum Task Force, Minutes for Meeting on August 23, 2017," accessed September 7, 2017
- ↑ South Dakota Secretary of State, "Draft A of Voter Initiative Protection Amendment," accessed May 10, 2017
- ↑ South Dakota Secretary of State, "Draft B of Voter Initiative Protection Amendment," accessed May 10, 2017
- ↑ South Dakota Secretary of State, "Draft C of Voter Initiative Protection Amendment," accessed May 10, 2017
- ↑ South Dakota Secretary of State, "Potential 2018 Ballot Measures," accessed May 10, 2017
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