A State Law that set out a Series of Requirements for People who Circulate Petitions to get Measures on South Dakota Ballots was declared Unconstitutional Thursday.
In his written Ruling, Judge Charles B. Kornmann declared the Measure a Violation of the First Amendment of the U.S. Constitution.
The Law was Passed by the South Dakota Legislature last year and was to take effect in July 2020.
House Bill 1094 would have Required Petition Circulators to Apply with the Secretary of State's Office for an Identification Number and be Included in a Directory of Registered Petition Circulators.
Information required of Ballot Circulators would have included:
- The Person's Identification Number, Age, and the Ballot Measure he or she would have been Circulating Petitions for.
- Name, Current Address and Prior Address.
- Email Address and Phone Number.
- Driver's License State of Issuance.
- State of Voter Registration and Occupation.
- The Ballot Question Committee Supporting the Measure.
- Whether the Circulator is Paid.
- Whether the Circulator is a Registered Sex Offender.
- Circulators Required to Update Information within Seven days if it Changed and Submit Separate Information for each Ballot Measure.
SD Voice, a Grassroots Ballot Question Committee operated by Cory Heidelberger of Aberdeen, filed the Civil Lawsuit in Federal Court. There was a One-day Trial in Aberdeen last month. SD Voice Claimed that Signatures Collected could be Invalidated Months after they were Collected if a Circulator's Information Changed.
Heidelberger said he was thrilled with the Ruling and called it a Victory for the Constitutional Rights of South Dakotans. “I went to court, explained this is a violation of the constitution, and the judge clearly agreed," he said.
The Group argued that HB 1094 placed an Undue Burden on the Circulation Process. The Law did not Apply to Petition Circulation for Candidates, Candidate Committees, Political Action Committees or Political Parties.
“HB 1094 specifically applies a burden to those who ‘solicit’ others to sign ballot measures, but not to those who solicit them not to do so,” Kornmann wrote in his ruling.
“If you favor the status quo and oppose change, you are not regulated. If you favor change of one sort or another, you are extensively regulated," he wrote.
Heidelberger said the South Dakota Legislature Doesn't want the People to Challenge its Power. "The Legislature doesn’t want change, and they want to knock people in the teeth if they want to make change," he said.
Kornmann Ruled that Secretary of State Steve Barnett, Attorney General Jason Ravnsborg, and Gov. Kristi Noem cannot Enforce the Law.
This was the Second Legal Victory for Heidelberger and SD Voice. In May, Kornmann declared Initiated Measure 24 Unconstitutional. It would have Restricted Out-of-State Contributions to Ballot Issues. Kornmann also Ruled that IM 24, which was Approved by State Voters in 2018, Violated the First Amendment. The South Dakota Newspaper Association was among the Groups that Opposed IM 24.
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