South Dakota

Overview

South Dakota Redistricting Process

Congressional

As of the 2010 U.S. Census, South Dakota only has one at-large congressional district.

Legislative

Legislative maps are enacted by the State Legislature. The Governor can veto the plans.

The Legislature can override a veto with a two-thirds vote. Republicans currently have veto-proof majorities in both chambers.

Source: S.D. Const. art. III, § 5.


Ballot Measure Process

Kinds of Ballot Measures
Direct initiatives and referendums are permitted to amend statutes. Direct initiatives are permitted to amend the state Constitution. Legislatively initiated ballot measures may amend both statutes and the Constitution.

Single-Subject Rule
There is a single-subject rule.

Initiative Subject Restrictions
The following are not permitted: Granting divorces; Changing the names of persons, places, or constituting one person the heir at law of another; Locating or changing county seats; Regulating county and township affairs; Incorporating cities, towns and villages or changing or amending the charter of any town, city or village, or laying out, opening, vacating or altering town plats, streets, wards, alleys and public ground; Providing for sale or mortgage of real estate belonging to minors or others under disability; Authorizing persons to keep ferries across streams wholly within the state; Remitting fines, penalties or forfeitures; Granting to an individual, association or corporation any special or exclusive privilege, immunity or franchise whatever; Providing for the management of common schools; Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed.

Signature Requirements
The signature requirement for constitutional amendments is 10% of all votes cast for all candidates for governor in the previous gubernatorial election, 5% for all other initiatives, and 5% for a veto referendum. 339,214 people voted for a candidate for governor in the 2018 General Election in South Dakota, so 33,921 signatures are required for constitutional amendments, 16,961 signatures are required for any other initiative, and 16,961 signatures are required for a veto referendum.

Submission Deadlines
Constitutional amendments and statutory initiatives must be submitted at least one year prior to the election in which it is to appear on the ballot (November 3, 2019). Referendums must be submitted within 90 days after the end of the legislative session.

Circulation Period
The circulation period for initiative petitions is one year.

Ballot Title and Summary
The Ballot Title and Summary are written by the proponents and reviewed by the State Board of Elections. Expedited reviews for Titles and Summaries are not permitted.

Other Requirements
A fiscal impact statement is not required. Circulators are required to be a resident of the state and cannot be a sex offender unless they are under supervision. There are no supermajority requirements. The Legislature can amend or repeal a statutory initiative through a majority vote. The Legislature can amend or repeal an amendment by sending it to voters through a majority vote in each chamber of the Legislature. Referendums cannot target emergency laws or laws needed for the support of the state government and its existing public institutions. Initiatives are permitted on general election ballots, but not on primary, special, and odd-year election ballots.

Source: S.D. Const. art. III, XXIII. S.D. Codified Laws § 2-1; §12-13 (2020). South Dakota Secretary of State Website


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