Skip to content
Search

Latest Stories

Follow Us:
Top Stories

South Dakota's ballot petition circulator rules held unconstitutional

South Dakota Gov. Kristi Noem

A federal judge ruled a law signed last year by Gov. Kristi Noem violates the free speech rights of those who gather signatures in favor of ballot measures.

Drew Angerer/Getty Images

South Dakota's new regulation of people who circulate petitions for ballot initiatives is unconstitutional, a federal judge has ruled.

The decision, if it withstands a potential appeal, would be a boon for advocates of direct democracy, which relies on small armies of people gathering signatures to put proposed changes to state laws before the entire electorate. Twenty-six states allow such citizen-led ballot measures.

A law signed by Republican Gov. Kristi Noem last year requires petition circulators to register with the secretary of state and provide personal information including home addresses, phone numbers and email addresses. But those "extensive and burdensome" disclosure requirements discriminate against those advocating for ballot measures in violation of the First Amendment because the same rules didn't apply to people actively opposing the measures, U.S. District Judge Charles Kornmann ruled last week.


The judge also took exception to language in the law that would seemingly apply the registration rules to anyone who tells an acquaintance to support a petition.

"It matters not that an individual does not collect a signature from the listener, nor that the speaker does not work with someone who collects signatures," Kornmann said in his 15-page ruling. "The fact that a person has entreated a member of the public to sign a petition to place a measure on the statewide election ballot is enough to make them a petition circulator under the Act."

SD Voice, a grassroots ballot question committee, filed the complaint challenging the new requirements.

The law is supposed to take effect in July, but that's too late to affect citizen-driven democracy in the state this year. Already on the ballot this November are initiatives to legalize recreational marijuana and establish a medical marijuana program, making South Dakota the first state to vote on both ideas at the same time.

In the dozen elections since 1996, according to Ballotpedia, 74 measures have appeared on the ballot in the state and just 39 percent have been approved. Two years ago, for example, the state rejected a package of campaign finance curbs for candidates but agreed to limit out-of-state donations in future ballot measure campaigns.

Last week's ruling was the second legal setback in less than a year for those seeking new restrictions over the ballot measure process in South Dakota. In May, the same judge ruled that a voter-approved law banning out-of-state contributors from funding in-state signature drives was unconstitutional.


Read More

Avoiding Top 2 Primary Lockouts, Promoting Our Vote, Timely Links
A pole with a sign that says polling station
Photo by Phil Hearing on Unsplash

Avoiding Top 2 Primary Lockouts, Promoting Our Vote, Timely Links

Welcome to the latest edition of The Expand Democracy 3, written this week by Rob Richie with the support of Eveline Dowling and Nivea Krishnan. Every two weeks, we highlight promising pro-democracy ideas and local, national, and global news.

#1. Deep Dive - How California Democrats Could Avoid Top Two Primary Lockouts

The last 5 California governor polls show 2 Republicans ahead. Source: NY Times

Keep ReadingShow less
Trust in Elections Starts at the County Office
person holding white and blue round plastic container
Photo by Manny Becerra on Unsplash

Trust in Elections Starts at the County Office

Two people have been killed in Minneapolis during a confrontation tied to federal immigration enforcement. The state government is resisting the federal government. Citizens are in the streets. Friends of mine who grew up in countries that experienced civil conflict have started texting me, pointing out patterns they recognize.

I don't know how Minnesota will resolve. But I know what it represents: a growing number of Americans do not trust that our disputes can be settled through legitimate institutions. When that trust disappears, force fills the vacuum. This is the context in which we must think about the 2026 elections.

Keep ReadingShow less
A confrontation between ICE agents and Minneapolis residents.

A child of Holocaust survivors draws parallels between Nazi Germany and modern U.S. immigration enforcement, examining ICE tactics, civil rights, and moral leadership.

Getty Images, Stephen Maturen

The Inhumanity of Trump and Its Impact on America

I am a child of holocaust survivors, my parents having fled Germany at the last minute in 1939 before the war started, and so I am well-versed in what life was like for Jews in Germany in the 30s under the Nazi regime. My father and other relatives were hunted by the Gestapo (secret police) and many relatives died in concentration camps.

When I have watched videos and seen photos of the way in which ICE agents treat the people that they accost—whether they are undocumented (illegal) immigrants, immigrants who are here lawfully, or even U.S. citizens—I was reminded of the images of Nazi S.A. men (a quasi-military force that was part of the Nazi party) beating and demeaning Jews in public in the years after Hitler came to power.

Keep ReadingShow less
William H Foege standing next to a bust of Hygeia.

Former Centers for Disease Control (CDC) director William H Foege standing next to a bust of Hygeia, the Greek goddess of health, 1985. Image courtesy Centers for Disease Control.

Getty Images, Smith Collection/Gado

Bill Foege: One of Humanity’s Heroes

At a time when public health is under attack in America, and people without medical expertise are making decisions that are having negative consequences globally, we would do well to remember those who helped achieve what had been remarkable progress in world health. One such person was Dr. William “Bill” Foege, a giant in the public health sector who died recently at the age of 89.

Among his many achievements is the role he played in eradicating smallpox, a disease that had been the scourge of humanity, killing as many as 500 million people. Like many contagious diseases, smallpox remained intractable in parts of the world that lacked effective healthcare systems.

Keep ReadingShow less