Signed by Governor Kristi Noem

Vote Smart's Synopsis:

Vote to pass with amendment a bill that amends certain programs regarding transparency of the petition circulation process.

Highlights:

• Defines “petition circulator” as a person who is a resident of South Dakota for at least 30 days prior to registration as a petition circulator, is at least 18 years of age, and circulates, for pay or as a volunteer, petitions, or solicits signatures from members of the public for the purpose of placing a ballot measure on any statewide election ballot (Sec. 1).

• Defines “petition sponsor” as any person who proposes the placement of a statewide ballot measure on a ballot, “paid circulator” as any person who receives money or anything of value as a petition circulator, and “volume circulator” as any person who does not receive money or anything of value as a petition circulator (Sec. 1).

• Requires a petition circulator to submit an application to the secretary of state, obtain a circulator identification number, and be included in a directory of registered petition circulators (Sec. 3).

• Requires that for each ballot measure a petition circulator circulates, the petition circulator shall certify all of the following with the office of the secretary of state, including (Sec. 3):

• The petition circulators name, age, and physical address or prior residence if their current one is less than 1 year;

• Email address, phone number, and state issued driver’s license;

• Occupation, the ballot question committee supporting the measure, and whether the petition circulator will be a volunteer or paid, and their rate of pay; and

• Whether the petition circulator is a registered sex offender.

• Specifies that if any statement included in the petition circulators certification is determined to be false, then any signature gathered by petition gatherer are void and may not be counted (Sec. 3).

• Establishes that the secretary of state will develop and maintain a directory, available upon request and payment of reasonable fees, that contains information provided by each petition circulator (Sec. 4).

• Requires a paid petitioner registered under this act to pay a registration fee of $20, and specifies that this fee shall not apply to volunteers  (Sec. 5).

• Authorizes the secretary of state to issue the petition circulator a circulator identification number and a badge that contains the necessary information (Sec. 6).

• Requires that the badge issued to a petition circulator to be visible at all times while acting as a petition circulator, to contain the words “petition circulator”, and to include the identity of the ballot question committee the petition circulator is working on behalf of (Sec. 7).

• Requires the petition for an initiated constitutional amendment to be filed with the secretary of state prior to the collection of signatures, and to contain the following (Sec. 8):

• The full text of the initiated amendment;

• The date of the general election where the initiated amendment will be submitted;

• The title and explanation as prepared by the attorney general;

• A notarized affidavit form signed by each person who is a petition sponsor that includes their names and addresses; and

• A statement of organization.

• Specifies that this act takes effect July 1, 2020 (Sec. 11).

Full Bill Text