WILL GOVERNOR RHODEN SIGN OFF ON A HIGHER CONSTITUTIONAL AMENDMENT HURDLE?
PIERRE, S.D. (Joe Sneve / The Dakota Scout) – Gov. Larry Rhoden isn’t yet saying whether he’ll sign off on an overhaul of South Dakota’s ballot initiative rules that is prompting threats of referendums and lawsuits.
The South Dakota governor faces growing pressure from citizens, special interest groups and stakeholders on both sides of the debate around House Bill 1169 a measure that seeks to raise the bar for putting proposed amendments to the state constitution to a public vote.
“The governor has about 60 bills left to sign, and he will announce his decision on that specific bill in the coming days,” Rhoden spokeswoman Josie Harms told The Dakota Scout Thursday when asked if he intends to sign or veto the legislation. If adopted, the bill would require organizers of ballot initiatives attempting to change the state constitution to collect signatures from registered voters in every corner of the state.
South Dakota law says petition circulators must gather signatures from about 35,000 registered voters to put a constitutional amendment proposal on the ballot — 10 percent of the total votes cast in the state’s most recent gubernatorial election. Those signatures can belong to registered voters from anywhere in South Dakota.
However, should the governor give HB 1169 his endorsement, signatures of registered voters from the state’s 35 legislative districts would also be a requirement for petition circulators behind constitutional amendments.
The legislation comes after South Dakota voters have been presented with a slew of citizen-led constitutional amendments in recent elections, including amendments seeking to legalize abortion, marijuana and Medicaid expansion work requirements, as well as a failed attempt to overhaul the state’s primary election system.
Proponents of HB 1169 say that’s indicative of a liberal ballot initiative process in South Dakota — the first state to allow citizens to alter laws and state constitutions at the polls — that’s ripe for abuse.
And because changes to the constitution cannot be undone without another public vote, putting proposed amendments on the ballot should come with a higher hurdle, Sen. Tom Pischke said.
The Dell Rapids Republican, who co-authored the measure, said HB 1169 also ensures that any attempt to change the state constitution has buy-in from citizens all over the state.
“If they change the constitution, the legislature can’t fix anything if it needs tweaked later,” said Pischke, whose measure has the backing of South Dakota Right to Life, South Dakota Farm Bureau Federation and the National Rifle Association. “And there should be buy-in from all across the state — instead of just signature gatherers standing out in front of the courthouse in Rapid City and Sioux Falls.”
Pischke said about 600 registered voters from each “senatorial district” — 5 percent — would have to sign a petition under HB 1169, noting that the total number of signatures necessary would not change.
The distinction of senatorial districts, Pischke said, is necessitated by some legislative districts in South Dakota having one House seat instead of two due to a system called “single-member districts,” which applies to certain areas with significant Native American populations. The system is designed to comply with the federal Voting Rights Act by ensuring fair representation for minority communities.
But HB 1169’s requirement that signatures be collected from 5 percent of registered voters in senatorial districts is fueling some of the criticism it’s facing from voter advocacy groups and legislators alike.
That’s because the Secretary of State — South Dakota’s head election supervisor — does not traditionally report gubernatorial election results based on senatorial districts, according to the Voter Defense Association of South Dakota. And that makes the measure unworkable for citizens, who would be forced to determine the number of signatures they’d need to collect in single-member districts by calculating precinct or county election results, the group says.
“This would create a severe and unfair hardship for South Dakotans seeking to exercise their rights under Article 23 of the state constitution,” the organization said in a statement provided to The Dakota Scout. “Furthermore, it is unclear how the South Dakota Secretary of State’s office would evaluate petitions submitted for proposed 2026 initiated amendments given that the 2022 gubernatorial results were never officially reported by legislative districts.”
Sen. Mike Rohl, among 14 senators to oppose the bill before it was sent to Rhoden’s desk, said his primary concerns are creating too high of a hurdle for signature collectors and allowing one district of the state to block a proposal from being placed on the ballot.
“It makes it virtually impossible to do a constitutional amendment as a citizen,” said the Aberdeen Republican, who this week urged Rhoden to veto HB 1169 during a stop by the governor in Brown County. “And it gives one district veto power over the entire process.”
Initiated measures seeking to change state law — not the Constitution — would not be affected by HB 1169.
RHODEN SIGNS BILLS REGULATING TRANSGENDER BATHROOM USE AND REQUIRING OBSCENITY APPEAL PROCESS
PIERRE, S.D. (South Dakota Searchlight) – South Dakota Republican Gov. Larry Rhoden’s latest batch of bill signings includes one prohibiting transgender people from using public restrooms or changing rooms aligned with their gender identity, and another one requiring public schools and libraries to have appeal processes in place for decisions about obscene materials.
The bathroom bill requires state-owned properties and other public entities, such as schools, to designate multi-occupancy changing rooms, restrooms or sleeping quarters exclusively for females or males.
The legislation defines “female” as “an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes eggs for fertilization,” and has a similar definition for “male” referencing “the reproductive system that produces, transports, and utilizes sperm for fertilization.”
The bill empowers people who encounter “a member of the opposite sex in a restroom or changing room” to seek a court order against allowing it. A complaint would have cause for legal action if a public entity provided permission for a transgender person to use a bathroom matching their gender identity or failed to take reasonable steps to prohibit it.
The library bill started as an attempt to repeal the affirmative defense for libraries, schools, museums and universities against charges of distributing obscene material to children. Legislators supporting that version of the bill alleged that children are being exposed to pornographic books available at schools and public libraries.
A wave of opposition to the legislation resulted in a wholesale amendment. That version, which ultimately passed, converted the bill into a requirement that school and public libraries have appeal processes in place for people who disagree with determinations about what does or doesn’t constitute obscene material that should be inaccessible to children.
Rhoden has signed 154 bills and vetoed one so far. The annual legislative session is over accept for a day on March 31 for lawmakers to consider his vetoes.
NEBRASKA GOVERNOR DECLARES EMERGENCY FOR COUNTIES IMPACTED BY WINTER STORM
LINCOLN, NE (KOLN) – Gov. Jim Pillen declared a state of emergency on Friday for more than 20 counties impacted by this week’s winter storm.
The blizzard resulted in closures across multiple roadways, including Interstate 80. Conditions also did considerable damage to trees and power lines, resulting in a loss of electricity across the state.
According to governor’s office, the heaviest damage occurred along the eastern part of the state.
Since Wednesday, the public power districts have received assistance from crews in other states, through mutual aid agreements. According to the U.S. Department of Energy, the peak outage was reported Thursday afternoon with 119,199 customers without power. That has now been reduced to just over 29,000 customers.
The governor has received regular updates from the utilities, as well as from leadership within the Nebraska Emergency Management Agency, while storm recovery has continued over the last few days. His proclamation will allow Nebraska’s adjutant general to take any steps necessary and to utilize funds for protecting lives and property impacted by the storm.
Counties covered by Friday’s emergency declaration include Burt, Butler, Cass, Clay, Colfax, Cuming, Dodge, Douglas, Fillmore, Gage, Jefferson, Lancaster, Platte, Polk, Nuckolls, Saline, Sarpy, Saunders, Seward, Thayer, Thurston, Washington, Wayne and York.
According to governor’s office, it is possible the list of counties will change as NEMA continues to receive damage assessment data from local emergency management agencies. If so, an additional declaration may be issued by the governor.
Initial damage estimates currently exceed $21 million.
Pillen repeated his appreciation to those who have been managing aspects of storm.
“From state troopers who assisted stranded motorists, to snow removal crews and now those involved in repairing downed lines to re-establish our power grid – a lot of people have stepped up very quickly to ensure that our safety has been the number one priority,” said Gov. Pillen.
Once all damage assessments are completed, steps will be undertaken to seek a federal disaster declaration.
Pillen also issued an executive order waiving the use of dynamic pricing for the remainder of the emergency order.
