History
South Dakota has the distinction of being the first state in
the Union to provide for popular initiative and referendum for enacting and
rejecting statewide legislation. This was accomplished by constitutional
amendment approved in 1898. This same amendment provided for initiative and
referendum at the municipal level.
Initiative and referendum for county ordinances and
resolutions was provided by statute in 1975.
Municipal Initiative and
Referendum (SDCL 9-20)
Municipal Initiated Measure: This
is a petition to propose or amend an ordinance or resolution. Petitions are filed
with the municipal finance officer. The petition must have signatures of
registered voters equal to five percent of the registered voters in the
municipality. Any signature signed more than six months before the petition
is filed is not valid. A petition form has been prescribed by the State
Board of Elections for this purpose. The initiative may not be used to
nullify the purpose for which bonds have been sold. An initiated ordinance
or resolution may not be amended or repealed by the governing body for one
year following its effective date.
Municipal Referendum: This is a
petition requiring the submission of an ordinance or resolution which has
passed the governing body to a vote of the people before the measure may
become effective. Petitions are filed with the municipal finance officer.
The petition must have signatures of registered voters equal to five percent
of the registered voters in the municipality. A petition form has been
prescribed by the State Board of Elections for this purpose. The petition
must be filed within 20 days after the publication of the passage of the
ordinance or resolution
The Election: The election will be
held at the next annual municipal election or county general election unless
the governing body chooses to conduct a special election. If a special
election is opted for, the election date must be set within ten days of the
filing of the petition and the election must be on a Tuesday not less than
30 days from the day it was sent.
County Initiative and
Referendum (SDCL 7-18A)
County Initiated Measure: This is
a petition to propose or amend an ordinance or resolution. Petitions are filed with
the county auditor. The petition must have signatures of registered voters
equal to five percent of the registered voters in the county at the time of
the last general election. There is no limit on the amount of time to
circulate the petition. A petition form has been prescribed by the State
Board of Elections for this purpose. There are certain limits on what an
initiative may be used for as outlined in SDCL 7-18A-10. No initiated
question may be again voted on for one year from the date of the first
election on the question.
County Referendum: This is a
petition requiring the submission of an ordinance or resolution which has
passed the county commission to a vote of the people before the measure may
become effective. Legislative decisions are subject to referendum.
Administrative decisions are not subject to referendum. Petitions are filed
with the county auditor. The petition must have signatures of registered
voters equal to five percent of the registered voters of the county at the
time of the last general election. A petition form has been prescribed by
the State Board of Elections for this purpose. The petition must be filed
within 20 days after the publication of the passage of the ordinance or
resolution.
The Election: A special election
will be held within 60 days of filing the petition unless the petition is
filed within three months preceding a primary, general or statewide special
election which would allow the measure to be included on that election
ballot.
Circulating an Initiative or
Referendum Petition
1. The heading on the petition must be completed prior to
circulation.
2. The petition circulator must personally witness each
signature on the petition being circulated. The petition's verification
must be completed following circulation and must include the circulator's
printed name, address, city, state and be signed under oath before a notary
public or other officer authorized to administer oaths.
3. Each petition signer must be a registered voter in the
state of South Dakota in the jurisdiction for which the petition is
circulated.
4. Signers must sign their names as they are registered to
vote or as they usually sign their names.
5. The signer's printed name must appear below the
signature.
6. Each signature line must show a complete residence
address. This can be street and house number or rural route and box number
in addition to the city or town. Zip codes are optional.
If the signer is a resident of a second or third class
municipality, a post office box number may be used in lieu of a street
address. Second and third class municipalities are those with less than
5000 population. They would include all municipalities except the following
which are first class municipalities:
Aberdeen, Belle Fourche, Box Elder,
Brandon, Brookings, Huron, Madison, Mitchell, Pierre, Rapid City, Sioux
Falls, Spearfish, Sturgis, Vermillion, Watertown and Yankton.
7. Each signature line must show the month, day and year it
was signed.
8. Numbers to designate the month are permissible.
Abbreviations commonly used are also acceptable.
9. The county of the signer's voter registration must be
included.
10.
The date,
address, county of registration, and printed name may be added by the
circulator prior to the petition being filed. Ditto marks may not be used.
11.
Each petition
must be a self-contained sheet with the heading, declaration of candidacy,
instructions to signers, signature lines and circulator’s verification on a
single sheet.
It is prudent to submit any petition to the filing authority
with ample time prior to the deadline to allow you to collect additional
signatures if there are not sufficient valid signatures presented on your
initial petition.
For additional information or petition forms, contact your county auditor, municipal finance officer or the Secretary of State's Office.