HB 1094

Ballot Initiative Law Declared Illegal; State Appeals

Dec 13, 2020

A legal challenge to a dead law goes before the Eighth Circuit Court of Appeals on Wednesday, Dec. 16.

In 2019, the South Dakota legislature put restrictions on proponents of ballot initiatives.

In January 2020, a federal judge found the law to be unconstitutional.

The 2020 legislature replaced it with a new law, but the state still appealed the judge's ruling on the old one.

Victoria Wicks has more of this story for SDPB. Listen here:

Federal Judge Strikes Petition Circulator Registry Bill

Jan 10, 2020
Melissa Hamersma Sievers / SDPB

A federal judge is ruling that a new state law is invalid and violates the first amendment of the United States Constitution.

South Dakota lawmakers passed a bill in 2019 that requires petition circulators to register and Secretary of State create a directory of circulators.

In his ruling on Thursday, District Judge Charles Kornmann says HB 1094’s—the law in question—has a  primary purpose of severely regulating the process through which those who wish circulate a petition may do so.

News: Dec 7 - 13

Dec 13, 2019
SDPB

In this week’s South Dakota news, a civil trial at the Aberdeen federal courthouse challenges the implementation of HB 1094, and reports from counties in Minnesota and North Dakota show communities divided over refugee resettlement. Is the quarrel soon coming to South Dakota?

SDPB

In The Moment ... December 11, 2019 Show 717 Hour 2

Does legislation requiring registration of people circulating petitions chill free speech in South Dakota? A civil trial at the Aberdeen federal courthouse challenges the implementation of HB 1094.  Reports from counties in Minnesota and North Dakota show communities divided over refugee resettlement. Is the quarrel coming to South Dakota?  The Dakota Political Junkies join us to discuss the top political topics of the day. We're joined by Mike Card and Jon Schaff. 

SDPB

In The Moment ... July 3, 2019 Show 609 Hour 2

Scyller Borglum will challenge Senator Mike Rounds next summer and a petition drive for a referendum on House Bill 1094 has failed.

Madison Daily Leader publisher Jon Hunter joins Lori Walsh for In The Moment's weekly Dakota Political Junkies segment. 

A South Dakota blogger hoping to refer a state law that requires petition circulators submit information about themselves to the state…did not receive enough signatures.

Cory Heidelberger writes for Dakota Free Press. He had 90 days to gather almost 17,000 signature to refer the law to the voters.

Heidelberger says House Bill 1094—the law passed this last session—is unconstitutional. He points to case law out of Colorado about anonymity of circulators and violations of prior restraint.

Chris Laughery

In The Moment ... June 20, 2019 Show 600 Hour 2

A political blogger and former candidate for the state legislature is seeking to refer South Dakota House Bill 1094 to voters. Cory Heidelberger of Aberdeen chairs SD Voice, an organization committed to protecting the ballot question process in South Dakota.