On June 13, South Dakota Elections Director Aaron Lorenzen confirmed that out-of-state circulators may work in South Dakota, if they are working on the petition to recognize a new, or previously unqualified, party. The previous South Dakota Elections Director had come to the same conclusion.

South Dakota laws forbid out-of-state circulators for initiatives, for independent candidates, and for petitions to place a candidate on the primary ballot of a party. These bans on out-of-state circulators for most kinds of petition were passed in 2007. Probably if the legislature had thought to outlaw out-of-state circulators for petitions to recognize a new party, they would have done that also.

Mr. Lorenzen is to be thanked for making a determination. The Constitution Party asked California’s Secretary of State, Debra Bowen, in April 2011, whether out-of-state circulators are permitted for independent presidential candidate petitions. She still has not responded to the inquiry.