South Dakota Petition Circulator Requirements Referendum (2020)

South Dakota Petition Circulator Requirements Referendum
Election date November 3, 2020
Topic Direct democracy measures
Status Not on the ballot
Type Referendum	Origin Citizens
List of South Dakota measuresInitiated Measure 26Constitutional Amendment AConstitutional Amendment BSubmit

The South Dakota Petition Circulator Requirements Referendum was not on the ballot in South Dakota as a veto referendum on November 3, 2020.

Sponsors did not submit signatures by the deadline on June 27, 2019. The measure would have sent House Bill 1094 to the 2020 ballot for voter approval or rejection. HB 1094 was signed into law on March 21, 2019. HB 1094 was designed to make changes to requirements of ballot measure petition circulators. On July 29, 2019, measure sponsor Cory Heidelberger filed a lawsuit in federal court seeking to stop HB 1094 from taking effect.

Text of measure

Full text

The full text of the measure was as follows:

ENTITLED, An Act to revise certain programs regarding transparency of the petition circulation process. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That § 2-1-1.3 be amended to read: 2-1-1.3. Terms used in this chapter mean: (1) "Petition circulator," a person who is a resident of this state for at least thirty days prior to registration as a petition circulator, is at least eighteen years of age, and who circulates, for pay or as a volunteer, petitions or solicits petition signatures from members of the public for the purpose of placing ballot measures on any statewide election ballot; (2) "Petition sponsor," any person who proposes the placement of a statewide ballot measure on the ballot; (3) "Ballot measure," any measure placed on a statewide ballot in accordance with §§ 2-1-1.1, 2-1-1.2, or 2-1-3.1; (4) "Paid circulator," any person who receives money or anything of value to be a petition circulator; (5) "Volunteer circulator" any person who does not receive money or anything of value to be a petition circulator. Section 2. That § 2-1-1.4 be repealed. Section 3. That chapter 2-1 be amended by adding a NEW SECTION to read: Prior to circulation of any petition for a ballot measure, a petition circulator shall submit an application to the secretary of state, obtain a circulator identification number, and be included in a directory of registered petition circulators. For each ballot measure on which a petition circulator seeks to circulate a petition, the petition circulator shall certify the circulator's name, that the circulator is at least eighteen years of age, physical address of current residence, physical address of prior residence if current residence is less than one year, email address, phone number, state of issuance for driver license, state of voter registration, occupation, the ballot question committee supporting the ballot measure, whether the petition circulator will be volunteer or paid, and whether the petition circulator is a registered sex offender. The certification under this section shall be submitted to the office of the secretary of state. If any statement included in the petition circulator's certification is determined to be false, any signatures collected by the petition circulator are void and may not be counted. Petition sponsors shall provide a list to the secretary of state of any person acting as a petition circulator for the sponsor's ballot measure, whether the petition circulator is paid or volunteer and, if paid, the rate of compensation. An application submitted under this section may be filed by electronic transmission in accordance with methods approved by the secretary of state. To be timely filed, any application received by electronic transmission shall be legible when received by the means it was delivered. A petition circulator and petition sponsor shall update any information required under this section with the secretary of state not more than seven days of any change. Section 4. That chapter 2-1 be amended by adding a NEW SECTION to read: The secretary of state shall develop and maintain a directory, available upon request and payment of reasonable fees, that contains information provided by each petition circulator under section 3 of this Act and classifies each petition circulator as paid or volunteer. Providing a copy of the application submitted under section 3 of this Act, together with any update to the information contained in the application, is sufficient to fulfill the requirements of this section. Any information contained in the directory shall be a public record for purposes of chapter 1-25. Section 5. That chapter 2-1 be amended by adding a NEW SECTION to read: A paid petition circulator who registers under section 3 of this Act shall pay to the secretary of state a registration fee for each ballot question committee represented by the petition circulator. The registration fee for a paid circulator is twenty dollars. The registration fee shall be deposited in the state general fund. The fee under this section does not apply to any volunteer circulator. Section 6. That chapter 2-1 be amended by adding a NEW SECTION to read: Following receipt of any application under section 3 of this Act and a registration fee under section 5 of this Act, if any, the secretary of state shall issue the petition circulator a circulator identification number and badge that contains the information required under section 7 of this Act. Section 7. That chapter 2-1 be amended by adding a NEW SECTION to read: A person shall wear the badge issued under section 6 of this Act which shall be visible at all times while acting as a petition circulator. The badge shall contain the words "petition circulator," and include the identity of the ballot question committee on behalf of which the petition circulator is registered, the circulator identification number, and a designation as either "paid" or "volunteer." The badge may not state the name of the petition circulator. A person is guilty of a Class 2 misdemeanor if the person acts as a petition circulator without wearing a badge issued under section 6 of this Act. Section 8. That § 2-1-1.1 be amended to read: 2-1-1.1. The petition as it is to be circulated for an initiated amendment to the Constitution shall be filed with the secretary of state prior to circulation for signatures and shall: (1) Contain the full text of the initiated amendment; (2) Contain the date of the general election at which the initiated amendment is to be submitted; (3) Contain the title and explanation as prepared by the attorney general; (4) Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and (5) Be accompanied by a statement of organization as provided in § 12-27-6. The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated amendment to the Constitution as prepared by the attorney general; any fiscal note prepared pursuant to § 2-9-30; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid circulator and, if a paid circulator, the amount the circulator is being paid; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates. For any initiated amendment petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated amendment petition shall be filed with the secretary of state at least one year before the next general election. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition, including petition size and petition font size, and the affidavit shall be prescribed by the State Board of Elections. Section 9. That § 2-1-1.2 be amended to read: 2-1-1.2. The petition as it is to be circulated for an initiated measure shall be filed with the secretary of state prior to circulation for signatures and shall: (1) Contain the full text of the initiated measure; (2) Contain the date of the general election at which the initiated measure is to be submitted; (3) Contain the title and explanation as prepared by the attorney general; (4) Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and (5) Be accompanied by a statement of organization as provided in § 12-27-6. The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated measure as prepared by the attorney general; any fiscal note prepared pursuant to § 2-9-30; the name, phone number, and email address of each petition sponsor; a statement whether the petition circulator is a volunteer or paid circulator and, if a paid circulator, the amount the circulator is being paid; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates. For any initiated measure petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated measure petition shall be filed with the secretary of state at least one year before the next general election. A sworn affidavit, signed by at least two-thirds of the petition sponsors stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition, including petition size and petition font size, and the affidavit shall be prescribed by the State Board of Elections. Section 10. That § 2-1-3.1 be amended to read: 2-1-3.1. The petition as it is to be circulated for a referred law shall be filed with the secretary of state prior to circulation for signatures and shall: (1) Contain the title of the referred law; (2) Contain the effective date of the referred law; (3) Contain the date of the general election at which the referred law is to be submitted; (4) Be accompanied by a notarized form that includes the names and addresses of the petition sponsors; and (5) Be accompanied by a statement of organization as provided in § 12-27-6. The petition shall be filed with the secretary of state within ninety days after the adjournment of the Legislature which passed the referred law. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections. The petition circulator shall provide to each person who signs the petition a form containing the title of the referred law; any fiscal note or summary of a fiscal note obtained pursuant to § 2-9-32; the name, phone number, and email address of each petition sponsor; a statement whether the petition circulator is a volunteer or paid circulator and, if a paid circulator, the amount the circulator is being paid; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates. Section 11. This Act is effective on July 1, 2020.

Support

Arguments

Referendum sponsor Cory Heidelberger (D) said "It sounds crazy, but there are high-priced lawyers who will use any trick they can to get a petition thrown out. That language is a trap just waiting to bust somebody and it doesn't achieve anything because we've already signed an oath at the bottom of every petition sheet saying we're following the law."

Opposition

Arguments

HB 1094 sponsor Rep. Jon Hansen (R-Dell Rapids) said, "Our initiative and referendum process is designed by South Dakotans, for South Dakotans. It's supposed to be local grassroots in its purest form and that means to circulate a petition, you have to be a South Dakota resident." The Argus Leader reported that Hansen said he believes Heidelberger wants to overturn HB 1094 because the bill would stop Heidelberger's "out-of-state liberal allies" from supporting South Dakota ballot measures.

Background

Circulator requirements in North Dakota

See also: Petition circulator

In South Dakota, there are no statutes that prevent a circulator from signing the petition being circulated. Each initiative petition contains a mandatory circulator affidavit. The circulator is required to sign these affidavits before a public notary and send these statements to the secretary of state. He/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition. The statement must also contain the following information:

• the state of driver license issue and driver license expiration date,
• the state in which the circulator is registered to vote,
• the length of time at the circulator's current residence and the addresses of his or her two previous residences,
• a sworn statement indicating the petition circulator's intention to stay in the state following the petition effort,
• other information to prove residency such as a library card or utility bill,
• whether or not the circulator pays in-state tuition at any college or university, and
• information about whether or not the circulator "obtains any resident hunting or resident fishing license of any kind."

According to South Dakota Statutes 2-1-1.2 and 2-1-10, those circulating petitions are required:

• to provide each person who signs the petition a form containing the title and explanation of the initiated measure as prepared by the attorney general
• to sign verification before filing

Once circulation is completed, the signatures are submitted to the secretary of state.

See law: South Dakota Statutes 2-1-10, Admin Rule 5:02:08:07 and South Dakota Statutes 2-1-1.2

Pay-per-signature

See also: Pay-per-signature

South Dakota does not permit paying circulators based on the number of signatures they collect, a method called pay-per-signature. However, state law explicitly permits employers to set minimum gathering requirements and pay discretionary bonuses based on productivity.

See law: South Dakota Codified Laws, Title 12, Chapter 13, Section 28

Out-of-state circulators

See also: Residency requirements for petition circulators

South Dakota requires signature gatherers to be residents of the state.

See law: South Dakota Codified Laws, Title 12, Chapter 1, Section 3 (9)

Circulators that are registered sex offenders

South Dakota forbids registered sex offenders from circulating petitions in the state. The law excepts offenders that are circulating petitions under circumstances where they are in the employ of, and under the immediate supervision of, another person and where the circumstances preclude any contact with children. The law also excepts any registered sex offenders circulating any nominating petitions on their own behalf for election to any federal, state or local office for which they are otherwise qualified.

See law: South Dakota Codified Laws, Title 12, Chapter 1, Section 32, 33, 34

South Dakota

See also: Laws governing the initiative process in South Dakota

In 2018, the state legislature passed and the governor signed a bill—House Bill 1177—that required a statement on any initiative or referendum petition containing the name, phone number, email address, and the paid or volunteer status of the signature gatherer. It also required paid circulators to include how much they were being paid in the petition statement.

Prior to 2018, South Dakota law did not require the circulator's paid/volunteer status to be disclosed.

See law: South Dakota Codified Laws, Title 2, Chapter 1 and Title 12, Chapter 13

Path to the ballot

See also: Laws governing the initiative process in South Dakota

The state process

In South Dakota, the number of signatures required to qualify a veto referendum for the ballot is equal to 5 percent of the votes cast for governor in the previous gubernatorial election. Signatures must be submitted 90 days after the adjournment of the legislative session in which the targeted bill was passed.

The requirements to get a veto referendum certified for the 2020 ballot:

• Signatures: 16,961 valid signatures
• Deadline: 90 days following the legislative session's adjournment

Once the signatures have been gathered and filed, the secretary of state verifies the signatures using a random sample method.

Details about this initiative

• This referendum was filed by Cory Heidelberger (D). It was approved for circulation on March 29, 2019.
• Sponsors did not submit signatures by the deadline on June 27, 2019.

See also

2020 measures

• 2020 ballot measures
• Direct democracy measures on the ballot

South Dakota

• South Dakota ballot measures
• South Dakota ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Referendum petition
• House Bill 1094 full text