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Ballot Question Petition Validated for 2018 General Election Ballot

FOR IMMEDIATE RELEASE: Wednesday, April 11, 2018
CONTACT: Kristin Gabriel at (605) 773-3537 or Kristin.Gabriel@state.sd.us

PIERRE, S.D. – Today, Secretary of State Shantel Krebs announced that the petition submitted for an initiated measure to establish a cap on the price a State agency may pay for a prescription drug was validated and filed by her office. It is the sixth ballot question to be placed on the November 6, 2018 General Election Ballot. It will be titled Initiated Measure 26.

“We reviewed the random sample of signatures, and 71.83 percent were found to be valid,” stated Secretary Krebs. An Initiated Measure requires 13,871 valid signatures to be placed on the ballot. This initiated measure petition included 22,091 signatures.

(22,091 x 71.8310 = 15,868 valid signatures)

Any citizen may challenge the Secretary of State’s approval of a ballot measure and must submit an original, signed affidavit to the South Dakota Secretary of State’s office within 30 days of validation. Electronic submission of affidavits will not be accepted. The deadline for a challenge to Initiated Measure 26 would be Friday, May 11, 2018 by 5 p.m. central time.

The office will review the initiated measure to legalize marijuana for medical use next. South Dakota citizens also have the ability to submit a referendum petition concerning laws passed during the 2018 Legislative session.

For more detailed information on potential 2018 Ballot Questions, click here.


2-1-17.1.   Submission of affidavit challenging petition to secretary of state--Appeal. Within thirty days after a statewide petition for an initiated constitutional amendment, initiated measure, or referendum has been validated and filed, any interested person who has researched the signatures contained on the petition may submit an affidavit to the Office of Secretary of State to challenge the petition. The affidavit shall include an itemized listing of each specific deficiency in question. Any challenge to the following items is prohibited under this challenge process:

             (1)      Signer does not live at address listed on the petition;

             (2)      Circulator does not live at address listed on the petition;

             (3)      Circulator listed a residence address in South Dakota but is not a South Dakota resident;

             (4)      Circulator did not witness the signers;

             (5)      Signatures not included in the random sample; and

             (6)      Petition that was originally rejected.

     Any challenge by the same person or party in interest shall be included in one affidavit.

     The original signed affidavit shall be received by the Office of Secretary of State by 5:00 p.m. central time on the deadline date. If the affidavit challenges any item that is prohibited by this section, only that line item shall summarily be rejected. A challenge to a line item is not a challenge to the petition as a whole.

     The secretary of state's decision regarding a challenge may not be challenged a second time with the secretary of state, but may be appealed to the circuit court of Hughes County. If a person fails to challenge a petition pursuant to this section, it does not deny that person any other legal remedy to challenge the filing of an initiative or referendum petition in circuit court. A challenge to a petition in circuit court may include items prohibited in this section.

Secretary of State Shantel Krebs accepting petitions from Drey Samuelson