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Bill

SB 92

require that the director of the Legislative Research Council and the secretary of state review an initiated measure and determine if the measure embraces more than one subject.

2025 Regular Session Introduced by Bobbi Andera and 8 co-sponsors

South Dakota now requires pre-ballot review of citizen initiatives to ensure they address only one subject, giving officials power to block measures deemed to violate this constitutional requirement.

Signed by the Governor on 2025-03-31 S.J. 539
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Bill Summary · SB 92

Legislative bill overview

SB 92 requires South Dakota's Legislative Research Council director and Secretary of State to jointly review initiated measures (citizen-proposed ballot initiatives) and determine whether they violate the state constitution's single-subject rule. The bill establishes a formal process for this review before measures can appear on the ballot.

Why is this important

South Dakota's constitution requires ballot initiatives to address only one subject to prevent "logrolling"—bundling unpopular policies with popular ones to secure passage. This bill creates an official gatekeeping mechanism that could prevent certain initiatives from reaching voters, while proponents argue it prevents constitutional violations and ensures ballot clarity.

Potential points of contention

  • Subjective interpretation: "Single subject" is inherently ambiguous; two officials' judgment could block legitimate initiatives based on interpretation rather than clear constitutional violations
  • Democratic access concerns: The review process may suppress citizen-initiated measures by setting a high bar for approval, limiting direct democracy mechanisms
  • Appeal process unclear: The bill doesn't specify how initiative sponsors can challenge a determination that their measure violates the single-subject rule before it's blocked from the ballot
  • Implementation timing: Procedural details about when reviews occur and response deadlines could affect initiative campaigns and ballot deadlines

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

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