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Bill

Bill

HB 1267

prohibit the use of paid petition circulators, and provide a penalty therefor.

2025 Regular Session Introduced by Heather Baxter and 17 co-sponsors

South Dakota bill bans paying petition circulators for ballot initiative signatures, potentially restricting citizen access to direct democracy by making signature collection significantly more difficult.

Placed on calendar pursuant to JR 6F-6 , Passed, YEAS 32, NAYS 36 H.J. 398
#ballotmeasures #crimes #legislatureandstatutes #penalty #petitions
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Bill Summary · HB 1267

Legislative bill overview

HB 1267 would prohibit South Dakota from compensating individuals who collect signatures for ballot initiatives and referendums, making it illegal to pay petition circulators. The bill establishes penalties for violations of this prohibition.

Why is this important

Petition circulators are essential infrastructure for direct democracy—they enable citizens to place measures on ballots by gathering required signatures. Banning paid circulators would make it significantly harder for organized groups, advocacy organizations, and ballot measure campaigns to meet signature thresholds, potentially restricting which initiatives reach voters.

Potential points of contention

  • Access to democracy: Critics argue that banning paid circulators disadvantages grassroots campaigns with limited volunteer bases, effectively favoring well-funded interests that can mobilize volunteers or those with existing organizational networks
  • Signature collection feasibility: South Dakota requires substantial signature counts for ballot measures; eliminating paid circulators may make it practically impossible for some legitimate policy proposals to reach the ballot
  • First Amendment concerns: Some legal scholars argue restrictions on paid petition circulation implicate free speech rights, as the Supreme Court has recognized petition-gathering as protected political speech
  • Enforcement challenges: Defining and proving "payment" versus "reimbursement" or "volunteer coordination" could create ambiguous enforcement scenarios

Compiled from official sources — confirm details with the bill’s official record.

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