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Code · South Dakota · Title 2 · Chapter 2-1

2-1-18. Court challenge to petition.

239 words·~1 min read·/sd/title-2/chapter-2-1/2-1-18

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Nothing in §§ 2-1-15 to 2-1-18 , inclusive, prohibits any interested person who has researched the signatures contained on a validated petition from challenging in circuit court the validity of any signature, the veracity of the petition circulator's attestation, or any other information required on a petition by statute or administrative rule, including any deficiency that is prohibited from challenge under § 2-1-17.1 . The results of the process of signature verification by the Office of the Secretary of State under chapter 2-1 shall be presumed valid as applied to all signatures for purposes of considering any additional ground for disqualifying petition signatures, including any ground listed in subdivisions 2-1-17.1
(1)to 2-1-17.1 (4), inclusive, and cumulating total valid signatures to determine the results of an appeal under § 2-1-17.1 . The summons and complaint for a challenge under this section shall be served on each petition sponsor as a party defending the validated petition being challenged. Any appearance by the attorney general at a challenge under this section shall be limited to the process of signature verification by the Office of the Secretary of State under chapter 2-1 . For purposes of determining whether a sufficient number of valid signatures has been submitted, the interested person may elect to proceed with a challenge limited to the sample generated in accordance with § 2-1-16 , with the resulting valid sample percentage applied to the entirety of the petition signatures.
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