South Dakota Direct Democracy Restrictions Challenge

A pro-voting lawsuit challenging a South Dakota law that makes the signature collection process for ballot initiatives more difficult.

Background

Dakotans for Health is suing the South Dakota Secretary of State over House Bill 1184 (H.B. 1184), which moves the deadline to file a ballot measure ahead by three months. Currently, South Dakotans have until May of an election year to file, but H.B 1184 would bring that deadline back to February. Plaintiffs argue that the earlier filing deadline makes it less likely that they will garner the number of signatures necessary to place a matter on the ballot, and they are requesting a court order barring South Dakota from enforcing HB 1184.

Why It Matters

The rollback of the filing deadline means that petition circulators must seek final signatures nine months before an election instead of six months before an election, when there is less interest in political matters. An earlier deadline in the harsher winter weather is also significant because most signature gathering requires at least some travel, and signatures generally must be sought outdoors. In recent years, South Dakotans have used the initiative process to pass several popular progressive measures opposed by the GOP-controlled legislature, including expanding Medicaid and legalizing marijuana.

Latest Updates

April 1, 2025: Dakotans for Health filed its complaint.