032018_YKMV_A10.pdf
March 20, 2018 • Page 10
Third Ballot
Question
Petition Validated
For 2018 General
Election Ballot
PIERRE, S.D. – Today,
Secretary of State Shantel
Krebs announced that the
petition submitted for an
initiated measure to increase
the State tobacco tax and
create a postsecondary
technical institute fund for
the purposes of lowering
student tuition and providing financial support to the
State postsecondary technical institutes was validated
and filed by her office. It is
the third ballot question to
be placed on the November
6, 2018 General Election Ballot. It will be titled Initiated
Measure 25.
An Initiated Measure
requires 13,871 valid signatures to be placed on the
ballot. This initiated measure petition included 19,025
signatures.
“We reviewed the random
sample of signatures, and
82.88 percent were found to
be valid,” stated Secretary
Krebs.
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 25 would be Monday,
March 19, 2018 by 5 p.m.
central time.
The remaining five petitions will be reviewed by the
Secretary of State’s office in
the order in which they were
received. The South Dakota
Legislature also has the ability to include constitutional
amendments on the 2018
ballot and South Dakota
citizens have the ability to
submit a referendum petition concerning laws passed
during the 2018 Legislative
session.
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.
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