Before the South Dakota legislature adjourned this year, it passed HB1156, which makes it illegal for petition circulators to work, unless they are “residents” of South Dakota. The bill passed 67-1 in the House and 30-5 in the Senate, and had been signed into law on March 3. Ballot Access News had failed to notice this bill. The new law applies to those who circulate petitions “for the purpose of placing candidates or issues on any election ballot.” This is ambiguous, since it doesn’t specifically include petitions to create a new party. Petitions to create a new party do not list any candidates. Another ambiguity is “resident.” “Resident” and “domicile” are different. “Domicile” is a person’s true home, the place he or she always intends to return to someday. In law, a person may have only one domicile. By contrast, individuals may have many residences.

HB1156 also outlaws paying initiative circulators on a per-signature basis. That part of the bill does not apply to petitions to create a new party, or for an independent candidate.