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Senate Bill 180

South Dakota state lawmakers are attempting to tweak our state’s petition and circulation law designed to make sure ballot question petition circulators are South Dakota residents.

Rep. Jon Hansen of Dell Rapids told lawmakers that the 2018 bill regarding requirements placed on circulators was too much, so last year's bill paid back on those requirements. A lawsuit followed with a judge ruling last years bill is viewpoint discrimination and unconstitutional, which the state is appealing. Hansen says this year’s SB 180 is a good policy.

"If you are just a volunteer exercising your right under our South Dakota constitution to circulate valid petitions, you are more than welcome to do so , in fact we take out any requirements on those volunteers. But if you are a professional or a paid petition circulator then it’s appropriate, we ask for basic residency up front so that we can know that you are a South Dakota resident.”

Rep. Ryan Cwach reminded lawmakers of a similar law in Colorado that was ruled unconstitutional.

"We still have an unworkable unconstitutional piece of legislation, Colorado tried the same thing in 1999 and they struck it down and I want to focus on that registration for paid too, think about this policy. There may be some bad actors out there but they can be caught through the affidavit process."

Members of the house of representatives approved the bill with a 54 to 11 vote. Its next stop is the governor’s desk.