South Dakota Administrative Rules
Title 5 - Secretary of State
Article 5:02 - State Board of Elections
Chapter 5:02:08 - Petitions
Section 5:02:08:16 - Municipal referendum petition

Universal Citation: SD Admin Rules 5:02:08:16
Current through Register Vol. 50, page 114, March 25, 2024

The municipal referendum petition must be in the following form:

MUNICIPAL REFERENDUM PETITION

IN THE MUNICIPALITY OF ______________

WE, THE UNDERSIGNED qualified voters of the municipality of ____________________, the state of South Dakota, petition that the following (ordinance) (resolution), as passed by the governing board of the municipality, be submitted to the voters for their approval or rejection pursuant to law.

(Here insert the title of the (ordinance) (resolution) and date of its passage. However, if only a portion of the (ordinance) (resolution) is intended to be covered by the petition, that portion shall be set out at length.)

(Here insert the instructions to voters and signature blanks prescribed in § 5:02:08:00.03.)

VERIFICATION BY PERSON CIRCULATING PETITION

INSTRUCTIONS TO CIRCULATOR: This section (bold) must (unbold) be completed following circulation and before filing.

Print name of the circulator Residence Address City State

I, under oath, state that I circulated the above referendum petition, that each signer personally signed this petition in my presence, that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration, that I attest the legality of the signatures and that each person signing this petition is a resident and qualified voter of the municipality of ________________________.

________________________________

Signature of Circulator

Sworn to before me this _____ day of __________, ______.

(Seal)

________________________________

Signature of Officer Administering Oath

My commission expires _________.

________________________________

Title of Officer Administering Oath

General Authority: SDCL 12-1-9(7).

Law Implemented: SDCL 9-20-7, 9-20-8, 9-20-9.

Court Decision: The board of elections had no authority to authorize the circulator of municipal initiative petitions to add the mailing address and date of signing, when SDCL 9-20-8 required the signer to do so; however, failure to add the state and municipality behind the signers' names would not invalidate signatures since the title of petitions contained that information. (Opinion issued before the 1979 amendment of SDCL 9-20-8.)Bjornsonvs City of Aberdeen, 296 N.W. 2d 896 (Sept. 17, 1980).

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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