Laws governing local ballot measures in South Dakota

Laws Governing Local Ballot Measures

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A guide to local ballot initiatives

Ballot Law Portal

Laws Governing Ballot Measures

All South Dakota cities and counties have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in South Dakota. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 66 counties, 1,207 cities, towns, and villages, and 487 special districts.

School districts

See also: School bond and tax elections in South Dakota

Under South Dakota law, school districts are required to hold elections for bonding issued through capital outlays. However, South Dakota does not require elections for school districts seeking to exceed the levy cap. South Dakota requires a three-fifths (60%) super-majority vote in order to approve a bond measure. Also, school districts that have voter approved capital outlay certificates are required to follow a five year plan. South Dakota strictly mandates a five year plan that discloses how school districts will spend capital outlay funds if the measure is approved by the voters.

Local recall rules

In South Dakota, the right of recall extends to "the mayor, any commissioner, any alderman, or any member of the board of trustees" in municipal jurisdictions. Recall is governed by Sections 13(29) through 13(35) of Chapter 9 of South Dakota Codified Law (SDCL).

For additional detail, see: Laws governing recall in South Dakota

Initiative process availability

All incorporated local governments have mandated initiative and referendum.

Authority

Constitution

Article IX, Section 2 of the South Dakota Constitution mandates charter amendment through initiative and referendum.

Statutes

South Dakota Code of Laws 9-20-1 mandates initiative and referendum for ordinances in all cities.

Initiative process features

The initiative process for general law municipalites is detailed in the South Dakota Code of Laws 9-20-01 through 9-20-19.

Charter cities must have an initiative process for charter amendments at least as restrictive as that of general law cities.

City Initiative Process   Subject matter restrictions Ordinances may not be initiated by petition to nullify bond purposes. (SDCL 9-20-3) Petition text approval There is no process for approval prior to circulation of the petition. Signatures required For approval of both initiative and referendum petitions you need signatures from 5% of the registered voters in your municipality. The number of registered voters is determined by your county auditor from the master registration file. (SDCL 9-20-1 and 9-20-8) Circulation For initiatives: you have 6 months from the date of the first signature to circulate your petition. There is no specific day limit, but your collected signatures expire 6 months after the signing date. For referendums: you have 20 days from the publication of the ordinance in question to circulate your petition. All circulators must be 18 years of age and residents of the state of South Dakota. (SDCL 9-20-2 and 9-20-9) Petition appearance and content Every signer's residence address, county of voter registration, and date of signing must be on the petition. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. Any person circulating an initiative or referendum petition shall verify that each person signing the petition is a resident and qualified voter of the municipality. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the format for an initiative and referendum petition and its verification. (SDCL 9-20-2) Scheduling an election and adoption of measure The election is held at the next annual municipal election or county general election unless the governing body chooses to conduct a special election. The special election date must be set within ten days of the filing of the petition and the election must be on a Tuesday not less than 30 days from the day it was set. A simple majority determines the outcome of the election. (SDCL 9-20-4 and 9-20-11)

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

Individual city provisions   Sioux Falls Population as of the July, 2011 census update: 156,592 Charter city Sioux Falls has its own initiative process for charter amendments. There are no subject restrictions mentioned. Signatures are required from 5% of all registered voters at the last regular city election. There were no time restraints on petition circulation or circulator requirements mentioned. The clerk in conformance with the city code determines the layout of the petition. The only pre-circulation approval process is registration. After approval, the measure goes straight to the ballot and a simple majority determines the outcome of the election. Rapid City Population as of the July, 2011 census update: 69,200 General law city Follows the state mandated initiative process for ordinances, which can be found above. Aberdeen Population as of the July, 2011 census update: 26,297 Charter city Follows the state mandated initiative process for ordinances, which can be found above. Brookings Population as of the July, 2011 census update: 22,228 Charter city Follows the state mandated initiative process for ordinances, which can be found above. Watertown Population as of the July, 2011 census update: 21,658 Charter city Follows the state mandated initiative process for ordinances, which can be found above. Mitchell Population as of the July, 2011 census update: 15,368 General law city Follows the state mandated initiative process for ordinances, which can be found above. Yangton Population as of the July, 2011 census update: 14,564 General law city Follows the state mandated initiative process for ordinances, which can be found above. Pierre Population as of the July, 2011 census update: 13,860 Charter city Follows the state mandated initiative process for ordinances and charter amendment, other than the turning in of signatures which is done to the finance officer rather than the clerk. Huron Population as of the July, 2011 census update: 12,706 General law city Follows the state mandated initiative process for ordinances, which can be found above. Vermillion Population as of the July, 2011 census update: 10,706 General law city Follows the state mandated initiative process for ordinances, which can be found above.

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, South Dakota
• Counties in South Dakota

External links

• Ballotpedia Research Document, Local Initiative in South Dakota
• South Dakota Municipal League
• South Dakota Municipal Initiative and Referendum