U.S. District Court Invalidates Law Requiring Initiative Petitioners to Register with State Before Initiative Begins to Circulate

On January 9, U.S. District Court Judge Charles B. Kornmann, a Clinton appointee, struck down a South Dakota 2019 law that requires initiative circulators to register with the Secretary of State. The register must include the circulator’s address, all phone numbers, and all email addresses. The circulator must also reveal where he or she is registered to vote, and whether the circulator is a registered sex offender.

All of this material would be publicly available. The law also required circulators to wear a badge with their circulator ID number.

Here is the 15-page decision in SD Voice v Noem, 1:19cv-1017.

The first part of the opinion explains that the law is worded not only to apply to circulators, but to any person who urges any other person to sign an initiative petition. That probably is not what the legislature intended, but the law says it applies to “anyone who solicits petition signatures”. The opinion says that could even include a newpaper editorial writer.


Comments

U.S. District Court Invalidates Law Requiring Initiative Petitioners to Register with State Before Initiative Begins to Circulate — 1 Comment

  1. One more very rotted State with an ANTI-Democracy gerrymander legislature to be liberated.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.