South Dakota's deadline for voter-initiated petitions to change laws is unconstitutionally long. That's the decision of Federal Circuit Judge Charles Kornmann issued on Monday, Aug. 30.
Current law requires petitions to be filed with the Secretary of State a year before they appear on the ballot.
Judge Kornmann has upheld the year-long deadline for amendments to the state constitution.
In 2019, the South Dakota legislature passed a bill restricting the initiated measure process by lengthening deadlines and putting restrictions on circulators carrying petitions.
Cory Heidelberger, under the banner of South Dakota Voice, sued the Governor, the Attorney General and the Secretary of State, saying the restrictions were intended to keep out-of-state ideas out of South Dakota.
Judge Charles Kornmann agreed the law restricted free speech and enjoined it. In the meantime, the legislature passed a new law to replace the 2019 law.
During litigation, SD Voice challenged the one-year deadline for petitions. Judge Kornmann did not address that question in his first order, but now he has.
Judge Kornmann has restored the deadline of the first Tuesday in May that was applied in state law up until 2006, and he found that six months is the constitutional limit for how remote a deadline may be set.
The judge says a shorter filing deadline is needed to raise the level of public discussion, keep potential petition circulators engaged, and generate interest for potential donors.
That order applies only to petitions to change state laws, which are more likely to be topical and to respond to actions taken by the legislature.
But Kornmann left in place the one-year deadline for petitions calling for amendments to the state Constitution. He notes that a one-year deadline leaves a significant amount of time to make sure the amendments are well thought out. He says stakes are higher for amendments, which can’t be changed without a new ballot measure.
The federal judge has enjoined the Secretary of State, the Attorney General, and the Governor and their agents from implementing the one-year deadline for ballot initiative petitions to add or change legislation.