SIOUX FALLS S.D. (KELO) — A bill changing how groups gather signatures for ballot measures has been vetoed by Republican Gov. Larry Rhoden Tuesday.
In a news release, Rhoden announced he signed 20 election-related bills while also vetoing one, House Bill 1169.
HB1169 requires ballot measure petitions to receive at least 5% of signatures from each of the 35 senate districts based on the last gubernatorial election turnout. Last week, KELOLAND News highlighted two voter advocacy groups that said HB1169 would make South Dakota home to the most extreme geographic petition signature requirements in the country.
Under current laws, to get an initiated measure on the ballot, a petition needs signatures equal to 10% of the vote cast in the last gubernatorial election for the entire state.
“We would go from having no geographic distribution requirement to the worst in the country,” Matthew Schweich, with the Voter Defense Association of South Dakota, said last week.
“Just one state senate district, if they don’t like an initiative, could choose not to sign it and block it, even if the entirety of South Dakota wanted an opportunity to vote on that constitutional amendment,” Schweich noted.
“This bill has a worthy goal: placing safeguards on the process to add constitutional amendments to the ballot in South Dakota, however, I am concerned that this bill will not withstand scrutiny in the courts,” Rhoden said in his letter issuing the veto. “This bill attempts to change the South Dakota Constitution in statute, and I believe that approach to be misguided.”
There was another issue with HB1169, on how to enforce the 5% per Senate district. Currently, the South Dakota Secretary of State office doesn’t report election results from the 35 districts, only by county and precinct. Because they don’t release that information, people won’t know how many signatures they need to collect to reach 5%.
Rhoden signs other election bills
Rhoden has signed 177 bills and issued two vetoes this legislative session. Here’s the list of the 20 election-related bills signed into law:
- SB 68 requires an individual be a citizen of the United States before being eligible to vote and to provides a penalty therefor.
- SB 73 requires that an individual registering as a voter when applying for a driver license be a resident of this state for the purposes of voting.
- SB 75 requires an indication of United States citizenship status on a motor vehicle operator’s license or permit, and on a nondriver identification card.
- SB 89 repeals the requirement that judicial officers be listed on a separate nonpolitical ballot.
- SB 91 revises the requirements for a petition to initiate a measure or constitutional amendment or to refer a law.
- SB 92 requires that the director of the Legislative Research Council and the secretary of state review an initiated measure and determine if the measure embraces more than one subject.
- SB 106 requires an individual be registered as a voter of this state before being eligible to be a petition sponsor for a ballot measure.
- SB 164 prohibits the use of a deepfake to influence an election and provides a penalty therefor.
- SB 173 revises the process by which a recount may be requested.
- SB 185 amends provisions pertaining to the process by which the qualifications of a registered voter are verified.
- HB 1062 amends provisions pertaining to the maintenance and publication of the statewide voter registration file.
- HB 1066 revises residency requirements for the purposes of voter registration.
- HB 1126 modifies provisions pertaining to the compensation of a recount board.
- HB 1127 requires that notice of a county’s canvass, post-election audit, and testing of automatic tabulating equipment be posted to the secretary of state’s website.
- HB 1130 provides permissible dates for municipal and school district elections.
- HB 1164 revises the process for nominating candidates for lieutenant governor.
- HB 1184 amends the deadline for filing a petition to initiate a measure or constitutional amendment.
- HB 1208 designates an individual using the address of a mail forwarding service or post office box when applying to register as a voter or vote by absentee ballot as a federal voter.
- HB 1256 requires the inclusion of certain information on a candidate’s nominating petition or on a ballot question petition.
- HB 1264 requires the disclosure of an outstanding loan balance on a campaign finance disclosure report.
