Action Alert! Calling Members To Ask for a Veto on HB1169

What does HB1169 do? It adds requirements that create roadblocks to citizens getting enough signatures for ballot measures.

Why should Farmers Union members care? To support grassroots policy, there are many years when Farmers Union members work to get issues on the ballot so South Dakotans’ voice can be heard through the voting process. HB1169 makes this more difficult because instead of requiring a certain number of signatures to get a measure on the ballot, it adds the requirement that there be a certain number of signatures from each voting Senate district.

What can Farmers Union members do? Ask Governor Rhoden to Veto House Bill 1169. Contact him via phone at 605-773-3212 or e-mail him by visiting his website: https://governor.sd.gov/ and click on the Contact Tab.

Want more info? Read this letter from SDFU President, Doug Sombke to Governor Rhoden:  

Protect South Dakota’s Initiative Process: Veto HB 1169

For over a century, South Dakota has been a national leader in empowering its citizens through the ballot initiative process. As members of the South Dakota Farmers Union, we take immense pride in this tradition. We have actively supported numerous ballot measures to strengthen rural communities, protect family farms, and improve the lives of working families across our state. HB 1169 threatens to undermine this cherished right, and we urge Governor Rhoden to veto this harmful legislation.

HB 1169 introduces new, burdensome requirements that place unnecessary roadblocks in the way of South Dakota voters. Under this bill, those seeking to place a constitutional amendment on the ballot must gather signatures not only from five percent of voters statewide but also from at least five percent of voters in each individual senatorial district. This change creates an impossible standard that fundamentally alters the citizen initiative process.

This geographic requirement is particularly concerning for rural South Dakotans. As a statewide organization rooted in rural communities, we know firsthand the difficulty of organizing in sparsely populated areas. By requiring petitioners to meet quotas in every district, this bill effectively grants a small number of districts veto power over the entire state. This places disproportionate influence in the hands of a minority and silences the collective voice of South Dakota voters.

HB 1169 also conflicts with the South Dakota Constitution. Article XXIII, Section 1 clearly outlines the process for amending the state constitution by initiative. It requires petitioners to gather signatures from ten percent of qualified voters from the last gubernatorial election statewide—without imposing additional geographical requirements. HB 1169’s new restrictions go beyond what our state constitution allows, effectively adding unconstitutional hurdles to the petition process.

Furthermore, HB 1169 violates the “one person, one vote” principle enshrined in the Fourteenth Amendment of the U.S. Constitution. By requiring signatures from each senatorial district, this bill effectively grants veto power to a minority of voters in select districts, undermining the equal representation guaranteed by the Fourteenth Amendment.

The Idaho Supreme Court recently ruled against a similar law (SB 1110) on constitutional grounds. Justice Gregory W. Moeller stated that “the initiative and referendum powers are fundamental rights… to which strict scrutiny applies.” Moreover, Justice Robyn M. Brody warned that these requirements create “tyranny of the minority” by enabling a small portion of the state to block initiatives supported by a majority of voters.

Beyond the legal concerns, HB 1169 undermines South Dakota’s proud history of citizen-led initiatives. The Farmers Union has played a key role in successful efforts to expand healthcare access, protect family farms, and improve education funding—all through the ballot initiative process. These grassroots victories have been possible because South Dakota voters have had fair access to shape their laws. HB 1169 threatens to take that away.

We urge Governor Rhoden to uphold South Dakota’s proud tradition of direct democracy and veto HB 1169. Protecting the voices of citizens, especially in rural communities, is vital to preserving the strength of our state. We call on all South Dakotans to stand with us in defending our right to be heard.

Doug Sombke

President
South Dakota Farmers Union