Latest news with #HouseBill1169
Yahoo
15-04-2025
- Politics
- Yahoo
Some South Dakota lawmakers want to subject ballot questions to a tyranny of the minority
State Rep. Rebecca Reimer, R-Chamberlain, speaks on the South Dakota House floor on March 6, 2025. (Makenzie Huber/South Dakota Searchlight) Getting an initiated constitutional amendment on the ballot in South Dakota is plenty tough for citizens. House Bill 1169 would have made it almost impossible. HB 1169 required that signatures representing 5% of the votes cast for governor in the most recent election be collected from each of the state's 35 Senate districts to get an initiated constitutional amendment on the ballot. Current law calls for collecting signatures totaling 10% of the votes cast for governor in the last election. Those signatures can come from anywhere in the state. HB 1169 would have been something of a jobs program for accountants. Not only would petition carriers have needed to figure out 5% of the votes cast for governor in each Senate district, but they would also have had to make sure that their overall total of signatures equaled 10% of the vote total for governor. The good news about HB 1169 is that it was vetoed by Gov. Larry Rhoden. In his veto message to the Legislature, Rhoden said he feared that the geographic requirement for the collection of signatures would be workable only for big-money groups that have the resources to canvass the entire state. Legislature sustains veto of geographic signature requirement for constitutional amendment petitions To override a veto, a two-thirds vote is needed in both chambers in the Legislature. That's 24 votes in the 35-member Senate and 47 votes in the 70-member House. Fortunately, the Senate vote of 16-16 was not enough to override the veto. The governor's veto stands, and that's the good news. However, there's plenty of bad news to go around. Part of the bad news is the wide-ranging support that such an onerous change had in the Legislature. Bills with such success are usually destined to become law. HB 1169 flew through the House State Affairs Committee on a vote of 10-1 and through the House on a vote of 60-9. In the Senate State Affairs Committee, it fared just as well, earning passage on a 7-1 vote. It was only in the Senate where the bill met some resistance, but still passed, 19-15. There was more bad news on the last day of the legislative session as the House voted 50-18 to override the veto. Fortunately, both chambers need to override the veto for the bill to become law. Clearly, HB 1169 has plenty of backers in the Legislature. The bill's main sponsor, Rep. Rebecca Reimer, a Chamberlain Republican, recognizes that and said in a South Dakota Searchlight story that she would work on the language in the legislation and bring it back next year. In her testimony to the House State Affairs Committee, Reimer said passage of HB 1169 would ensure that rural voices are heard rather than letting petitioners set up shop in only Rapid City or Sioux Falls to collect signatures. She said the bill 'ensures fairness, strengthens voter representation, protects the integrity of our constitutional amendment process.' Maybe that's one way to describe the bill. Another would be to say that it's a cynical, bordering on sinister, attempt to cut citizens out of the initiated amendment process. This isn't the Legislature's only accomplishment when it came to making it tougher for citizens to get their measures on the ballot. Already the subject of a lawsuit, legislators endorsed a bill that would cut the amount of time for gathering signatures by three months. Another measure they placed on the 2026 ballot would raise the threshold for approving a constitutional amendment to 60% rather than relying on a simple majority of voters. It's easier for lawmakers to get something on the ballot. They only have to convince a majority of their colleagues. If you're not lucky enough to be in the Legislature, you have to collect 17,508 signatures for an initiated measure or referred law, or 35,017 signatures for an initiated constitutional amendment. The bill that was so popular with lawmakers didn't take into consideration the eccentric nature of legislative districts, the borders of which can veer off in odd directions. It would take a cavalry scout and a GPS for petitioners to figure out if they're collecting their signatures in the right Senate district. If one legislative district is stingy with its signatures, the entire effort fails. The state Supreme Court in Idaho struck down a similar law, saying it amounted to giving each legislative district veto power and calling it 'tyranny of the minority.' If Reimer has her way, that tyranny will make its way back to the Legislature in the next legislative session. Here's hoping the governor has his veto pen ready. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
31-03-2025
- Politics
- Yahoo
Legislature sustains veto of geographic signature requirement for constitutional amendment petitions
State Sen. Michael Rohl, R-Aberdeen, speaks on the South Dakota Senate floor on March 3, 2025. (Makenzie Huber/South Dakota Searchlight) Petitioners hoping to put state constitutional amendments on the ballot won't need signatures from each of South Dakota's legislative Senate districts. After the governor vetoed a bill containing the requirement last week, the state Senate sustained the veto Monday at the Capitol in Pierre. The House voted earlier Monday to override the veto, but agreement from both chambers is required to overturn the governor's action. Michael Rohl, R-Aberdeen, was among the senators who opposed the bill and supported the veto. While the bill's sponsors said it would force more inclusion of rural areas in the political process, Rohl said the bill could harm rural voters. 'It gives every district veto power,' Rohl said. 'That means that we, as a small community, don't have a voice unless we get Sioux Falls to agree.' Governor vetoes effort to restrict constitutional amendment process with geographic rule The legislation, House Bill 1169, would have required constitutional amendment petitions to have signatures from registered voters in each of the 35 Senate districts spread across the state. Petitions would have needed a number of signatures from each district equal to 5% of the total votes cast for governor in that district during the last general election. That would have been an addition to the existing requirement that petitions have a total number of signatures — from anywhere in the state — equal to at least 10% of the votes cast statewide for governor in the last general election. House Bill 1169's main sponsor, Rep. Rebecca Reimer, R-Chamberlain, said Monday she's willing to work on the legislation's language and bring it back next year. Reimer and other lawmakers who wanted to override the veto said voters are tired of the number of constitutional amendments showing up on their ballots, that the state constitution should be reserved for matters pertaining to the structure and powers of government and not for specific policies, and that the constitution should be harder to amend. Multiple lawmakers referenced an amendment last year, rejected by voters, that would have inserted abortion rights into the constitution. Legislators considered numerous bills this year to restrict citizen lawmaking. Among those that passed into law were a bill to move the deadline for submitting petition signatures for citizen-initiated ballot measures from May to February, which will shorten the signature-gathering window by three months. Legislators also sent a measure to the 2026 ballot that will ask voters to raise the approval threshold for constitutional amendment ballot questions from a simple majority to 60%. Monday was the last day of this year's legislative session, set aside to consider any remaining vetoes from Gov. Larry Rhoden. Earlier this month, legislators sustained Rhoden's only other veto, which would have offered additional child care tuition assistance to child care workers for their own children. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
28-03-2025
- Politics
- Yahoo
A look ahead to 2025 legislative session Veto Day
PIERRE, S.D. (KELO) — Here's a look at some of the events scheduled at the state Capitol for Monday, March 31, the 38th and final scheduled day of the 2025 session of the South Dakota Legislature. TenHaken unsure when mayoral term ends due to new law , 10 a.m. CT in room 362. , 1 p.m. CT, consideration of governor's veto of House Bill 1169, an attempt to modify the signature requirement for a petition to initiate a constitutional amendment, so that signatures would need to be gathered from every county. The veto letter from Gov. Larry Rhoden can be found here. , 1 p.m. CT, consideration of any vetoes of governor. Thirteen bills remained on the governor's desk as of Friday morning for his decisions whether to have them become law or receive a veto intended to block the Legislature's passage. A two-thirds majority in each legislative chamber is necessary to override a governor's veto. , 3 p.m. CT, room 414. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
25-03-2025
- Politics
- Yahoo
Rhoden vetoes petition signature bill
SIOUX FALLS S.D. (KELO) — A bill changing how groups gather signatures for ballot measures has been vetoed by Republican Gov. Larry Rhoden Tuesday. State Supreme Court hears NOPE case Tuesday In a news release, Rhoden announced he signed 20 election-related bills while also vetoing one, House Bill 1169. HB1169 requires ballot measure petitions to receive at least 5% of signatures from each of the 35 senate districts based on the last gubernatorial election turnout. Last week, KELOLAND News highlighted two voter advocacy groups that said HB1169 would make South Dakota home to the most extreme geographic petition signature requirements in the country. Under current laws, to get an initiated measure on the ballot, a petition needs signatures equal to 10% of the vote cast in the last gubernatorial election for the entire state. 'We would go from having no geographic distribution requirement to the worst in the country,' Matthew Schweich, with the Voter Defense Association of South Dakota, said last week. 'Just one state senate district, if they don't like an initiative, could choose not to sign it and block it, even if the entirety of South Dakota wanted an opportunity to vote on that constitutional amendment,' Schweich noted. 'This bill has a worthy goal: placing safeguards on the process to add constitutional amendments to the ballot in South Dakota, however, I am concerned that this bill will not withstand scrutiny in the courts,' Rhoden said in his letter issuing the veto. 'This bill attempts to change the South Dakota Constitution in statute, and I believe that approach to be misguided.' 03-25-2025_HB-1169-VETO-LetterDownload There was another issue with HB1169, on how to enforce the 5% per Senate district. Currently, the South Dakota Secretary of State office doesn't report election results from the 35 districts, only by county and precinct. Because they don't release that information, people won't know how many signatures they need to collect to reach 5%. Minnehaha County Auditor: 'New territory' with new election laws Rhoden has signed 177 bills and issued two vetoes this legislative session. Here's the list of the 20 election-related bills signed into law: SB 68 requires an individual be a citizen of the United States before being eligible to vote and to provides a penalty therefor. SB 73 requires that an individual registering as a voter when applying for a driver license be a resident of this state for the purposes of voting. SB 75 requires an indication of United States citizenship status on a motor vehicle operator's license or permit, and on a nondriver identification card. SB 89 repeals the requirement that judicial officers be listed on a separate nonpolitical ballot. SB 91 revises the requirements for a petition to initiate a measure or constitutional amendment or to refer a law. SB 92 requires that the director of the Legislative Research Council and the secretary of state review an initiated measure and determine if the measure embraces more than one subject. SB 106 requires an individual be registered as a voter of this state before being eligible to be a petition sponsor for a ballot measure. SB 164 prohibits the use of a deepfake to influence an election and provides a penalty therefor. SB 173 revises the process by which a recount may be requested. SB 185 amends provisions pertaining to the process by which the qualifications of a registered voter are verified. HB 1062 amends provisions pertaining to the maintenance and publication of the statewide voter registration file. HB 1066 revises residency requirements for the purposes of voter registration. HB 1126 modifies provisions pertaining to the compensation of a recount board. HB 1127 requires that notice of a county's canvass, post-election audit, and testing of automatic tabulating equipment be posted to the secretary of state's website. HB 1130 provides permissible dates for municipal and school district elections. HB 1164 revises the process for nominating candidates for lieutenant governor. HB 1184 amends the deadline for filing a petition to initiate a measure or constitutional amendment. HB 1208 designates an individual using the address of a mail forwarding service or post office box when applying to register as a voter or vote by absentee ballot as a federal voter. HB 1256 requires the inclusion of certain information on a candidate's nominating petition or on a ballot question petition. HB 1264 requires the disclosure of an outstanding loan balance on a campaign finance disclosure report. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
21-03-2025
- Politics
- Yahoo
Groups pledge referendum if governor signs geographic rule for ballot petitions
Matthew Schweich, of the Voter Defense Association of South Dakota, speaks during a press conference in Sioux Falls on Mar. 21, 2025. (Joshua Haiar/South Dakota Searchlight) SIOUX FALLS — Two voter advocacy groups urged South Dakota Gov. Larry Rhoden to veto a bill that would require citizen-initiated constitutional amendments to gather petition signatures from all state Senate districts, and said they'll refer the measure to a public vote if he signs it. The Voter Defense Association of South Dakota and the League of Women Voters of South Dakota announced the referendum pledge Friday at the Sioux Falls Downtown Library. Matthew Schweich leads the Voter Defense Association. He said the bill creates unfair barriers for grassroots efforts. 'This creates a tyranny of the minority over the petition process,' Schweich said. 'Just one district could block something the rest of the state wants.' Legislature approves several new restrictions on citizen ballot measures For a citizen-initiated constitutional amendment to reach the ballot, current state law requires petitions to have signatures from registered voters equal to at least 10% of the votes cast statewide for governor in the last general election. The signatures can be from anywhere in the state. House Bill 1169 would add a requirement that petitions have signatures from each of the 35 state Senate districts, in numbers equal to 5% of the total votes cast for governor in each district during the last general election. Josie Harms, spokeswoman for the governor, declined to reveal the governor's thoughts on the bill Friday. 'The governor has about 60 bills left to sign, and he will announce his decision on that specific bill in the coming days,' Harms said. The advocacy groups would have until June 30 to collect 17,508 signatures from South Dakota registered voters to refer the bill to the 2026 general election ballot. If voters rejected the bill, it would not become law. Schweich said that beyond his opposition to the geographic requirement, he also has other concerns about the bill, including the burden of figuring out how many signatures in each district are needed. 'You would have to piece together complex data by hand,' Schweich said. The League of Women Voters also opposes the bill. Amy Scott-Stoltz spoke at the event. 'We are committed to safeguarding direct democracy for all South Dakota,' she said. 'Petition circulators across the state stand ready to begin circulating the referendum petition.' Democratic former state Sen. Reynold Nesiba, of Sioux Falls, plans to help with the referendum effort. He said the bill would overwhelm the state's petition process. 'Petitioners would need 35 clipboards,' he said, referring to one for each district. 'Circulators will have to turn voters away.' Nesiba also warned about the workload for the Secretary of State's Office, which oversees South Dakota elections. 'They would need to validate signatures from 35 separate piles,' he said. 'Each district must meet the mark or the whole thing fails.' Legislative supporters of the bill said it would prevent petitioners from focusing only on places like Sioux Falls and Rapid City. 'This ensures amendments have real statewide support before they go to the voters,' said Rep. Rebecca Reimer, R-Chamberlain, during the legislative session. The bill was one of several passed during the legislative session that would make it more difficult for citizen petitioners to put a measure on the ballot and win its approval. A report from the Voter Defense Association says no state goes as far as South Dakota's proposed geographic rule. Colorado has the closest system. It requires 2% from each district. 'We're going from no requirement to the strictest in the nation,' Schweich said. The report also warns of legal risks. A similar law in Idaho was struck down by the state Supreme Court in 2021. The court ruled that Idaho's law gave every legislative district veto power. The court called it 'tyranny of the minority.' Schweich said South Dakota would likely lose a similar case and 'taxpayers should not pay for this mistake.' The bill requiring signatures from all state Senate districts for constitutional amendment petitions is one of many questions that could appear on South Dakota ballots in 2026. Already placed on the ballot by the Legislature: A constitutional amendment to authorize the termination of Medicaid expansion if federal funding support for the program falls below 90%. A constitutional amendment to raise the approval threshold for constitutional amendments to 60% instead of a simple majority. A constitutional amendment seeking voter permission for the state Investment Council to manage a trust fund for unclaimed property. A constitutional amendment clarifying that an individual must be a citizen of the United States to be eligible to vote. Citizen-backed measures proposed for possible petition circulation: An initiated measure requiring South Dakota public school teachers and students to recite a specific non-denominational prayer daily, with an exemption for students and teachers who object. A constitutional amendment requiring approval from South Dakota voters for legislative changes to initiative and referendum procedures. A constitutional amendment requiring that 'laws may not be enacted to restrict the power of initiative and referendum.' A constitutional amendment requiring a two-thirds vote by the Legislature to change or repeal initiated measures. A constitutional amendment requiring a seven-year wait and a three-fourths vote by the Legislature and vote of the people to make changes to voter-approved initiated measures. An initiated measure rolling back nonagricultural property assessments to 2020 valuations and capping assessment increases to 2.25% annually.
