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South Dakota · Through 2026-08-31

SDCL § 2-1-18: Court challenge to petition.

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Where this section sits in the code
  1. TITLE 2. LEGISLATURE AND STATUTES
  2. CHAPTER 2-1. INITIATIVE AND REFERENDUM

Nothing in §§ 2-1-15 to 2-1-18, inclusive, prohibits any interested person who has researched the signatures contained on a validated petition from challenging in circuit court the validity of any signature, the veracity of the petition circulator's attestation, or any other information required on a petition by statute or administrative rule, including any deficiency that is prohibited from challenge under § 2-1-17.1. The results of the process of signature verification by the Office of the Secretary of State under chapter 2-1 shall be presumed valid as applied to all signatures for purposes of considering any additional ground for disqualifying petition signatures, including any ground listed in subdivisions 2-1-17.1(1) to 2-1-17.1(4), inclusive, and cumulating total valid signatures to determine the results of an appeal under § 2-1-17.1. The summons and complaint for a challenge under this section shall be served on each petition sponsor as a party defending the validated petition being challenged. Any appearance by the attorney general at a challenge under this section shall be limited to the process of signature verification by the Office of the Secretary of State under chapter 2-1. For purposes of determining whether a sufficient number of valid signatures has been submitted, the interested person may elect to proceed with a challenge limited to the sample generated in accordance with § 2-1-16, with the resulting valid sample percentage applied to the entirety of the petition signatures.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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