Earlier this month, HB1169 failed to become law in South Dakota. It would have required initiatives that would change the state Constitution to collect the signatures of 5% of the last gubernatorial vote in each of the state’s 35 legislative districts.
HB1169 passed the SD House and Senate in March, but was vetoed by Governor Larry Rhoden on March 31. The House had passed it by a wide margin, but the Senate passed it by only a 19-15 vote in March. Consequently, the Senate vote in April to override the Governor’s veto failed, and the bill died.
Governor Rhoden appears to have been concerned about the constitutionality of the proposed statute.
The South Dakota Constitution sets the current standard of 10% of statewide voters (voted in previous gubernatorial election).
While the legislature might be able to set implementing legislation (e.g. size of petition sheets, use blue ink, etc.) it is dubious whether the legislature could dictate where the signatures are gathered given the constitutional requirement.