On August 29, U.S. District Court Judge Camela C. Theeler, a Biden appointee, struck down South Dakota’s February petition deadline for statewide initiatives. Dakotans for Health v Johnson, 4:25cv-4050. Here is the decision.
In 2023, the Eighth Circuit had struck down South Dakota’s deadline of one year before the election for initiative petitions. In response, the legislature had moved the petition deadline to May. But in 2025, it moved that deadline to February. The state argues that the early deadline is necessary in case the initiative is subject to court challenge, but that argument did not prevail.