Latest news with #DakotaConstitution
Yahoo
20-03-2025
- Politics
- Yahoo
Is tougher constitutional signature process flawed?
PIERRE, S.D. (KELO) — A group is urging that Gov. Larry Rhoden veto legislation that would require proposed amendments to the South Dakota Constitution to have a substantial number of signatures from all 35 of the state's Senate districts in order to reach the statewide ballot. The legislation in question is House Bill 1169. It says petitions proposing constitutional amendments must have signatures from voters 'equal in number to at least five percent of the total votes cast for Governor in the senatorial district at the last gubernatorial election.' Impeaching judges 'unusual, unique' law school dean says The legislation keeps the current requirement from the South Dakota Constitution that the total number of signatures on the petition equals at least 10% of the total votes cast for governor in the last gubernatorial election. Josie Harms, who is press secretary for the Republican governor, told KELOLAND News in an email on Thursday, 'The Governor has about 60 bills left to sign, and he will announce his decision on that specific bill in the coming days.' The group, Voter Defense Association of South Dakota, issued a statement on Thursday pointing out what its chairman, Matthew Schweich, says is a fatal flaw. Schweich, who led unsuccessful ballot measures to legalize recreational marijuana in 2022 and 2024, told KELOLAND News that the 2022 gubernatorial election results weren't reported for each Senate district. 'Results were only reported on a precinct and county basis,' the group's statement said. 'Therefore, it is currently impossible to know the exact number of signatures required in each state senate district for a proposed 2026 initiated amendment. This would create a severe and unfair hardship for South Dakotans seeking to exercise their rights under Article 23 of the state constitution.' Article 23 is the constitutional provision allowing voters to petition for constitutional amendments. The VDA statement continued, 'Furthermore, it is unclear how the South Dakota Secretary of State's office would evaluate petitions submitted for proposed 2026 initiated amendments given that the 2022 gubernatorial results were never officially reported by the legislative district.' KELOLAND News emailed a request for additional information on Thursday morning to South Dakota Secretary of State Monae Johnson, as well as her deputy and the state elections directors. We'll let you know more when we receive a response. HB 1169's prime sponsors are Republican Rep. Rebecca Reimers and Republican Sen. Tom Pischke. Among the co-sponsors were the House speaker and speaker pro tem, Republicans Jon Hansen and Karla Lems, as well as the Senate's top three Republicans, Chris Karr, Jim Mehlhaff and Carl Perry. Lawmakers can override a governor's veto. To do so requires a two-thirds majority in each chamber: 47 in the House and 24 in the Senate. HB 1169 raced through the House 60-9, then met resistance in the Senate but eventually passed 19-15 after being amended. The House ultimately agreed with the Senate version 63-6. So far, Gov. Rhoden has vetoed one piece of legislation, House Bill 1132, that sought to expand eligibility for child care workers to receive federally-funded assistance for care of their children. The House sustained the veto. The Legislature is scheduled to return to the Capitol on March 31 to consider any additional vetoes or handle other unfinished business. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
18-03-2025
- Politics
- Yahoo
Lawmakers approve ballot measure putting single subject rule to statewide vote
Staff count packets of signed petitions in the Secretary of State's Office on Feb. 9, 2024, in Bismarck. (Mary Steurer/North Dakota Monitor) The House of Representatives on Tuesday approved a proposed constitutional amendment that, if approved by voters, would require all future amendments to the state constitution to only have one subject. The North Dakota Constitution holds that 'no bill may embrace more than one subject, which must be expressed in its title,' but proponents of Senate Resolution 4007 say this should be amended to include changes to the constitution. This includes those proposed by the Legislature and through voter-initiated petitions. More 2025 legislative session coverage 'It is important for people to know what they're voting on,' Rep. Steve Vetter, R-Grand Forks, said while speaking in support of the resolution. 'Having multiple subjects in one amendment can be misleading and confusing for voters.' Under the resolution, the Secretary of State's Office would have to certify that each proposed amendment complies with this rule. The Secretary of State's Office could only approve petitions to gather signatures for proposed amendments if the amendments do not contain more than one subject. Vetter said Secretary of State Michael Howe testified previously that he would consult with the Attorney General's Office on these decisions. Sponsors of the resolution include Senate Majority Leader David Hogue and House Majority Leader Mike Lefor. Rep. Austen Schauer, chair of the House Government and Veteran Affairs Committee, said his committee forwarded the bill to the floor because they trust the judgement of the secretary of state and attorney general. 'They are the subject matter experts for North Dakota when it comes to election language and election integrity,' he said. Critics have raised concerns that the amendment would give the officials a disproportionate amount of power to approve or deny changes to the constitution. It could also lead to more legislative and litigation-related costs to the state, opponents said. Voters in 2024 rejected Measure 2, which sought to limit future constitutional ballot measures to a single subject, along with other provisions including raising the voter threshold to 60% and requiring a measure to be passed with two votes. The North Dakota Supreme Court found that the Office of Management and Budget's 2023-2025 budget violated the North Dakota Constitution's single subject rule and vacated the law. The budget was challenged in court by the North Dakota Public Employees Retirement System board. The state held a special session in late 2023 to pass a new budget. The resolution previously passed the Senate. In order for the amendment to be adopted, it would need to be approved by voters on the 2026 general election ballot. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
