030618_YKBP_A7.pdf
Broadcaster Press 7
March 6, 2018 www.broadcasteronline.com
Open Primary Elections Ballot Question Petition
Rejected By Secretary Of State
PIERRE, S.D. – Secretary of State Shantel Krebs announced March 2 that the
petition submitted for an initiated amendment to the South Dakota Constitution
establishing open primary elections was
rejected by her office.
“My staff have been working diligently
to review petitions,” stated Secretary
Krebs. “An Initiated Constitutional
Amendment requires 27,741 valid signatures in order to be placed on the ballot.
This initiated constitutional amendment
petition included 37,197 signatures. We
reviewed a random sample of signatures,
and only 68.57 percent (37,197 x 68.57% =
25,505 valid signatures, not meeting the
27,741 signatures required) were found to
be valid.”
A rejected petition cannot be challenged to the office of the Secretary of
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State, however that does not prohibit a
citizen from challenging the rejection of a
ballot question petition in circuit court.
The remaining four petitions will be
reviewed by the Secretary of State’s
office in the order in which they were
received. The South Dakota Legislature
also has the ability to include constitutional amendments on the 2018 ballot and
South Dakota citizens have the ability to
submit a referendum petition concerning
laws passed during the 2018 Legislative
session.
2-1-17.1. Submission of affidavit challenging petition to secretary of state--Appeal. Within thirty days after a statewide
petition for an initiated constitutional
amendment, initiated measure, or referendum has been validated and filed, any
interested person who has researched
the signatures contained on the petition
may submit an affidavit to the Office of
Secretary of State to challenge the petition. The affidavit shall include an itemized listing of each specific deficiency in
question. Any challenge to the following
items is prohibited under this challenge
process:
(1) Signer does not live at address listed
on the petition;
(2) Circulator does not live at address
listed on the petition;
(3) Circulator listed a residence address
in South Dakota but is not a South Dakota
resident;
(4) Circulator did not witness the signers;
(5) Signatures not included in the random
sample; and
(6) Petition that was originally rejected.
Any challenge by the same person
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or party in interest shall be included in
one affidavit.
The original signed affidavit shall be
received by the Office of Secretary of
State by 5:00 p.m. central time on the
deadline date. If the affidavit challenges
any item that is prohibited by this section, only that line item shall summarily
be rejected. A challenge to a line item is
not a challenge to the petition as a whole.
The secretary of state's decision
regarding a challenge may not be challenged a second time with the secretary
of state, but may be appealed to the circuit court of Hughes County. If a person
fails to challenge a petition pursuant to
this section, it does not deny that person
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