Title 2, LEGISLATURE AND STATUTES

All measures proposed by initiative must be presented by petition. A petition to propose a measure by initiative must be signed by not less than five percent of the qualified electors of the state. All proposals requiring that a law enacted by the Legislature be submitted to a vo…

A petition sponsor shall file, in a physical and electronic copy format, a petition for an initiated amendment to the South Dakota Constitution, as it is to be circulated, with the secretary of state before the petition may be circulated and at least one year before the next gene…

A petition sponsor shall file, in physical and electronic copy format, a petition for an initiated measure, as it is to be circulated, with the secretary of state, before the petition may be circulated and at least one year before the next general election at which the initiated …

Terms used in this chapter mean: (1) "Circulates," either: (a) Physically presents or otherwise makes available a ballot measure petition to another person for that person's signature; or (b) Solicits from another person, personally and in the presence of such other person, a sig…

Before filing a petition to initiate an amendment to the Constitution, for an initiated measure, or for a referred law, with the officer in whose office the petition is required to be filed, each petition circulator shall sign a verification attesting that: (1) The circulator per…

The petitions herein provided for shall be liberally construed, so that the real intention of the petitioners may not be defeated by a mere technicality. Source: SDC 1939, § 55.0406.

No initiated measure may embrace more than one subject, which shall be expressed in the title. Source: SL 2018, ch 23 , § 1.

Each constitutional amendment, initiated measure, or referred law that is approved by a majority of all votes cast is effective on the first day of July after the completion of the official canvass by the State Canvassing Board. Source: SL 1979, ch 11 , § 2; SL 2017, ch 11 , § 1.

All signatures secured in a manner contrary to the provisions of state law shall not be counted. Source: SL 1988, ch 23 , § 2; 1st SS 1991, ch 1, §§ 3, 4; SL 2019, ch 15 , § 1.

Upon receipt of a petition to initiate an amendment to the South Dakota Constitution, initiate a measure, or refer a law to a vote of the electors of the state, the secretary of state shall promptly examine and catalogue the petition and petition signatures and make them availabl…

The secretary of state shall verify the signatures pursuant to § 2-1-15 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample. The secr…

If the random sample indicates that a sufficient number of qualified electors have signed the petition, the secretary of state shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure or amendment on the nex…

Not more than thirty days after a statewide petition for an initiated amendment to the Constitution, initiated measure, or referred law has been validated and filed, any interested person who has researched the signatures contained on the petition may submit a sworn affidavit to …

Nothing in §§ 2-1-15 to 2-1-18 , inclusive, prohibits any interested person who has researched the signatures contained on a validated petition from challenging in circuit court the validity of any signature, the veracity of the petition circulator's attestation, or any other inf…

An individual who has signed a petition to initiate a constitutional amendment or measure, or to refer a law, may submit a written notification to the secretary of state stating that the individual's name be withdrawn from the petition. A signature may be withdrawn as provided in…

If a challenge to a validated petition is filed pursuant to § 2-1-17.1 or 2-1-18 , the secretary of state must provide to each party to the proceeding all written notifications, submitted under § 2-1-18 .1, that pertain to the validated petition being challenged. If a signature i…

A petition of the voters proposing an amendment to the Constitution may be withdrawn within the meaning of section 3 of article XXIII of the Constitution not later than one hundred twenty days prior to the next general election, if not less than two - thirds of the named sponsors…

A petition of the voters proposing an initiated measure may be withdrawn not later than one hundred twenty days prior to the next general election, if not less than two-thirds of the named sponsors file with the secretary of state, in writing, their request for withdrawal of the …

If any petition sponsor, or any person or entity compensated by the petition sponsor or a ballot question committee for purposes of petition circulation, knowingly or with reckless disregard commits multiple violations of the law regarding petition circulation, residency of a pet…

Any law which the Legislature may have enacted, except one that may be necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, shall, upon the filing of a petition as provided in thi…

A petition sponsor shall file, in physical and electronic format, a petition to refer a law, as it is to be circulated, with the secretary of state before the petition may be circulated. The petition must: (1) Contain, in fourteen-point font, the title of the referred law; (2) Co…

A petition of the voters referring a law to the vote of the electors pursuant to § 2-1-3 may be withdrawn no later than one hundred twenty days prior to the next general election, if no less than two-thirds of the petition sponsors file with the secretary of state, in writing, th…

The total number of votes cast for Governor at the last preceding gubernatorial election, shall for the purposes of this chapter, be the basis for determining the number of petitioners required. Source: SDC 1939, § 55.0404; SL 1976, ch 105 , § 78.

Every person who is a qualified voter may sign a petition to initiate a constitutional amendment or other measure or to refer a law. If a person, knowing he or she is not a qualified voter of the state or knowing that he or she has already signed the same petition, signs a petiti…

Every petition proposing a measure shall be signed in person by the petitioners. Source: SDC 1939, § 55.0403; SL 1957, ch 278 , § 3; SL 2009, ch 64 , § 7, eff. July 1, 2010.

A single petition may be made up of one or more papers, each having the requisite heading and verification. Source: SDC 1939, § 55.0403; SL 1957, ch 278 , § 3; SL 1986, ch 114 , § 2.

The Legislature, in making the 2021 redistricting, determines, as a matter of policy, that the following principles are of primary significance: (1) Adherence to standards of population deviance as established by judicial precedent and to standards of population deviance as presc…

The state shall be divided into thirty-five senatorial districts, as specified in § 2-2-43.1 , and the Senate shall consist of thirty-five members. Source: SL 2011 (SS), ch 1 , § 2, eff. Jan. 23, 2012; SL 2021 (1SS), ch 1 , § 4, eff. Feb. 9, 2022.

The senatorial districts are as follows: (1) District No. 1: (a) Day and Marshall counties; (b) The portion of Brown County consisting of precincts VTD-precinct 14 Oneota-Brnrd-Wstprt-GrlndTwp-WestprtCty, VTD-precinct 17 Highland-NewHope-WarnerTwp-Warner, VTD-precinct 18 Gem-WRon…

The state shall be divided into thirty-five representative districts, which shall be the same as the senatorial districts provided in § 2-2-43.1 , and the House of Representatives shall consist of seventy members. Source: SL 2011 (SS), ch 1 , § 4, eff. Jan. 23, 2012; SL 2021 (1SS…

Each senatorial district as provided for in § 2-2-43.1 is entitled to one senator. Source: SL 2011 (SS), ch 1 , § 5, eff. Jan. 23, 2012; SL 2021 (1SS), ch 1 , § 6, eff. Feb. 9, 2022.

Each representative district as provided for in § 2-2-44 is entitled to two representatives. However, in order to protect minority voting rights, District No. 26 and District No. 28 shall each consist of two single-member house districts as provided in §§ 2-2-47.1 and 2-2-48.1 . …

District No. 26 shall consist of two single-member house districts as follows: (1) District No. 26A: (a) Mellette and Todd counties; (b) The portion of Jones County consisting of precinct VTD-precinct 1; and (c) The portion of Jones County in VTD-5, the blocks of: 460750916001014…

District No. 28 shall consist of two single-member house districts as follows: (1) District No. 28A: (a) Corson, Dewey, and Ziebach counties; and (b) The portion of Perkins County consisting of precincts VTD-precinct 6, VTD-precinct 7, VTD-precinct 8, VTD-precinct 9, VTD-precinct…

The Legislature finds that, for the purposes of §§ 2-2-41 to 2-2-51 , inclusive, the ideal population of a senatorial district, based on the official 2020 federal census, is 25,333 people. For a house district, the ideal population, based on the official 2020 federal census, is 1…

For the purposes of §§ 2-2-41 to 2-2-51 , inclusive, voting district (VTD) boundaries are those boundaries in existence on April 1, 2020, and utilized by the 2020 federal census. Source: SL 2011 (SS), ch 1 , § 10, eff. Jan. 23, 2012; SL 2021 (1SS), ch 1 , § 9, eff. Feb. 9, 2022.

If any area of this state is omitted from the provisions of § 2-2-43.1 , the county auditor of the county containing the area shall attach the area to the district that surrounds it or, if the area is contiguous to two or more districts, the county auditor shall attach it to the …

The Legislature shall meet at the seat of government on the second Tuesday of January at noon. Source: SDC 1939, § 55.0502; SL 1981, ch 15 ; SL 1983, ch 13 , § 2.

An employer shall grant a temporary leave of absence without loss of job status or seniority resulting therefrom, to any employee who is a member of the Legislature in order that such employee may perform any official duty as a member of the Legislature. Such temporary leave of a…

Every person who intentionally, by force or fraud, compels or attempts to compel either branch of the Legislature of this state to pass, amend, or reject any bill or resolution, or to grant or refuse any petition, or to perform or omit to perform any other official act, is guilty…

The conviction of a member of the Legislature of any crime defined in §§ 2-4-6 to 2-4-10 , inclusive, involves as a consequence, in addition to the punishment prescribed therein, a forfeiture of his office and disqualifies him from ever thereafter holding any public office under …

The Senate or the House of Representatives may punish, as a contempt, by imprisonment, a breach of its privileges or the privileges of its members; but only for one or more of the following offenses: (1) Knowingly arresting a member or officer of the Senate or the House of Repres…

Every person who is guilty of contempt of the State Legislature or either branch thereof, as contempt is defined in § 2-4-14 , is guilty of a Class 2 misdemeanor. Source: SDC 1939, § 55.9902; SL 1980, ch 24 , § 21.

The salary of each member of the Legislature is equal to one-fifth of the South Dakota median household income reported by the United States Census Current Population Survey, as ascertained and adjusted each year by the State Board of Finance to take effect on the first day of Ja…

The term, "uncompensated expenses," as used in this chapter, includes, but is not limited to, postage, stationery, printing, office supplies, telephone, incidental costs in the maintenance of a legislative office at home, subscriptions to publications, conference dues, and travel…

The salary or per diem compensation for members of the Legislature serving on legislative committees, boards, or commissions, taking the oath of office, or attending the Governor's budget report required by § 4-7-9 if the report is given in person by the Governor, is equal to the…

The speaker of the House of Representatives and the president pro tempore of the Senate may authorize the payment of a salary or per diem compensation to a person who has been elected or appointed to the House of Representatives or Senate, respectively, but has not yet received t…

If the lieutenant governor is not assigned sufficient duties to require full - time attention, then when carrying out the lieutenant governor's duties as a member of a board, committee, or commission established by the Legislature, the lieutenant governor may receive a per diem n…

The salary of the Legislature and the lieutenant governor shall be payable in the same manner as for other state employees under the provisions of § 3-8-6 , provided, however, that final payment shall be made on or before the last day of a legislative session. Mileage of the memb…

Every person who intentionally, by force or fraud, prevents the Legislature of this state or either of the branches composing it, or any of the members thereof, from meeting or organizing, is guilty of a Class 4 felony. Source: SDC 1939, § 13.1001; SL 1980, ch 24 , § 16; SL 2006,…