South Dakota
Rhoden vetoes ‘misguided’ petition bill, signs off on tougher South Dakota residency law
Gov. Larry Rhoden issued his second veto while making law a slew of legislation focused on South Dakota’s elections and its citizen-led petition process.
Rhoden on Tuesday signed 20 “election bills” largely aimed at tightening the state’s residency and voting requirements.
The most notorious includes House Bill 1208. According to the bill’s language, people who claim residency at a mail forwarding address or post office “without providing a description of the location of the individual’s habitation” are not considered residents of the state and can only vote in the federal election, if eligible. The bill works in tandem with the standing requirement that prospective voters must live in South Dakota for 30 consecutive days to be considered a resident and able to vote in state elections.
Opponents of the legislation have said the bill unfairly restricts the voting rights of full-time travelers from South Dakota and the state’s homeless population.
“South Dakota continues to be an example of free and fair elections. Our election system has integrity, and these bills improve our already strong system,” Rhoden stated in a Tuesday press release. “America is founded on the principle of freedom, and I am proud that we live in a nation and a state where we can choose our leaders.”
Other bills signed by Rhoden include laws prohibiting and penalizing the use of deepfakes in an election, requiring South Dakota driver’s licenses to indicate citizenship status, and banning people who aren’t registered as in-state voters from circulating petitions on ballot measures.
House Bill 1169, brought by State Rep. Rebecca Reimer, R-Rapid City, was the only one of the batch to receive the governor’s veto brand. The bill would have required groups circulating petitions for South Dakota Constitutional Amendments to obtain no less than 5% of signatures for all 35 legislative districts in the state, based on that district’s total votes in the last gubernatorial election, in order to placed on an election ballot.
The statute as it stands only requires circulators to receive a number of signatures equal to 5% of votes cast in the last gubernatorial election for the whole state.
Rhoden stated in a Tuesday press release that HB 1169 has a “worthy goal” in raising the bar for petitioning for constitutional amendments in the state but could prove a legal problem. He explained in a letter to the State House that if a court determines the proposed law infringes on the ability to engage in free speech, it would undergo “strict scrutiny,” or the highest standard of judicial review.
“I am concerned that this bill will not withstand scrutiny in the courts. This bill attempts to change the South Dakota Constitution in statute, and I believe that approach to be misguided,” Rhoden stated.
The governor’s veto was announced after Voter Defense Association of South Dakota, a group focused on the state’s ballot process, held a Friday press conference in which they and supporters threatened to put the bill through the referendum process.
Matthew Schweich, president of VDA, told the Argus Leader the bill would have hamstrung future citizen ballot initiatives in South Dakota by implementing “the most extreme geographic distribution requirement in the U.S.”
Former State Sen. Reynold Nesiba, a Sioux Falls Democrat, planned to sponsor the referendum petition to reject the legislation.
“It will effectively end the constitutional amendment process initiated by citizens in South Dakota,” Nesiba said. “We have to remember our state motto is, ‘Under God the People Rule.’”
Schweich also challenged the bill from a practicality standpoint by sharing concerns that petition gatherers would need to carry multiple versions of their petitions and clipboards for voters that may not live where they’re encountered. He also said the bill would make South Dakota’s petition process more vulnerable to outside influence, as smaller groups would be unable to financially support a statewide campaign that some out-of-state groups could still afford.
Rhoden echoed this in his letter to the State House.
“The additional burden of collecting signatures from each of the 35 senatorial districts, each on a separate petition sheet, risks creating a system where only those with substantial financial resources can effectively undertake a statewide petition drive. This undermines the bill’s intent by putting South Dakotans at a disadvantage to dark money out-of-state groups,” Rhoden wrote.
Other bills signed by Rhoden on Tuesday include:
- SB 68: Requires an individual be a citizen of the United States before being eligible to vote and to provides a penalty therefor.
- SB 73: Requires that an individual registering as a voter when applying for a driver’s license be a resident of the state for the purposes of voting.
- SB 89: Repeals the requirement that judicial officers be listed on a separate nonpolitical ballot.
- SB 91: Revises the requirements for a petition to initiate a measure or constitutional amendment or to refer a law.
- SB 92: Requires that the director of the Legislative Research Council and the secretary of state review an initiated measure and determine if the measure embraces more than one subject.
- SB 173: Revises the process by which a recount may be requested.
- SB 185: Amends provisions pertaining to the process by which the qualifications of a registered voter are verified.
- HB 1062: Amends provisions pertaining to the maintenance and publication of the statewide voter registration file.
- HB 1066: Revises residency requirements for the purposes of voter registration.
- HB 1126: Modifies provisions pertaining to the compensation of a recount board.
- HB 1127: Requires that notice of a county’s canvass, post-election audit, and testing of automatic tabulating equipment be posted to the secretary of state’s website.
- HB 1130: Provides permissible dates for municipal and school district elections.
- HB 1164: Revises the process for nominating candidates for lieutenant governor.
- HB 1184: Amends the deadline for filing a petition to initiate a measure or constitutional amendment.
- HB 1256: Requires the inclusion of certain information on a candidate’s nominating petition or on a ballot question petition.
- HB 1264: Requires the disclosure of an outstanding loan balance on a campaign finance disclosure report.
State House and Senate lawmakers will convene in Pierre on Monday. Both chambers will need a two-thirds majority of legislators to override Rhoden’s veto.
South Dakota
Trading property tax for sales tax: Legislature moves forward with parts of homeowner relief package
PIERRE — Two pieces of a property tax reduction package prepared by South Dakota’s legislative leadership and the executive branch are moving forward, but one bill failed during votes on Monday as lawmakers began the final week of the annual legislative session.
The House of Representatives voted
42-27
in support of
Senate Bill 245
, which would pull future revenue from a scheduled sales tax increase from 4.2% to 4.5% next year into a relief fund for homeowner property taxes, and use nearly $56 million in one-time money to seed the fund before the sales tax increase.
The Senate supported
House Bill 1323
, which would reduce the number of petition signatures needed to force an election on a local government’s decision to levy property taxes beyond limits set by the state. The Senate passed the bill 19-15.
Both bills have to return to the opposite chamber for consideration of amendments.
The Senate rejected
House Bill 1253
, which would cap annual assessment growth for owner-occupied homes and commercial properties at 5% annually and reset assessments back to market value every five years. The bill failed with a 9-24 vote.
The bills are part of a broader,
five-bill legislative package
targeted at property tax relief.
Another bill
in the package, which would allow counties to implement a half-percent sales tax with proceeds going to homeowner property tax credits, is awaiting the governor’s signature after he proposed it and it received both chambers’ approval.
The legislative budget committee is scheduled to consider a fifth piece of legislation in the package on Tuesday.
The bill
would reduce maximum property tax levies for school districts.
Sales tax bill overcomes concerns about future budget needs
SB 245 would capture revenue from the impending sales tax increase to deposit into a “homeowner property tax reduction fund” meant to reduce property taxes levied by school districts. The Legislature and then-Gov. Kristi Noem reduced the state sales tax rate three years ago but scheduled the reduction to sunset in 2027.
House Speaker Jon Hansen, R-Dell Rapids, told lawmakers on Monday that the bill would be an “investment in the people,” because it’ll give South Dakota homeowners more money to spend as they choose. Hansen, the bill’s sponsor and a candidate for governor, said that would lead to more spending and, therefore, more sales tax revenue. The state relies on sales taxes, while counties and schools rely on property taxes, and cities receive revenue from property taxes and sales taxes.
Some opponents said the legislation would favor wealthier, property-owning South Dakotans rather than lower-income renters.
(Photo by Makenzie Huber/South Dakota Searchlight)
Rep. Mike Weisgram, R-Fort Pierre, worried that automatically diverting future state revenue to reduce homeowner property taxes would come at the cost of other priorities, such as annual funding increases for state employees, Medicaid providers and public schools — which are known as the “big three” budget priorities. Lawmakers often
aim
to increase funding for the groups by 3% or inflation, whichever is less. An inflationary increase this legislative session would be 2.5%, according to the state Department of Education.
“We are just clawing to get 1.4% for the big three,” Weisgram said. “I don’t think any of us are proud of that.”
Hansen said the decision “is not an either-or” situation.
“We can help the property taxpayers in the state who desperately, desperately need it,” Hansen said, “and then I trust fully that this state is going to continue to grow and that we are going to be able to meet the needs of our core obligations of this state.”
The bill was introduced as an amendment to placeholder legislation last week, and it will head to the Senate for approval. The Senate narrowly rejected a
similar proposal
earlier this legislative session.
Senate approves lower signature threshold to force election on excess taxes
The version of House Bill 1323 that passed the Senate would set the number of petition signatures needed to force an election on an excess tax levy (often called an “opt-out”) for a local government at 2,500 or 5% of registered voters within its jurisdiction, whichever is less. The current threshold to refer decisions by a local government is 5% of registered voters in the district, without a 2,500 signature cap.
The bill’s sponsor, Sen. Taffy Howard, R-Rapid City, said it will still be difficult to refer decisions by a local government to voters.
“You’re talking dozens and dozens of volunteers, weeks of organized effort,” Howard said. “There’s not a lot of people that have been through that and can even organize that kind of effort. So it’s not a trivial bar.”
Because the bill was amended since it last appeared in the House, it’ll now go to the House for approval.
HB 1253 intended to provide South Dakota homeowners and commercial property owners predictable increases in their property assessments, which factor into property taxes they pay, over five year periods.
But opponents said the change would shift the property tax burden onto farmers and ranchers and surprise homeowners every five years when assessments would be re-based on market value, which could lead to double-digit increases in assessments.
This story was originally published on
SouthDakotaSearchlight.com.
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South Dakota
Political Pulse: South Dakota Senate Majority Leader Jim Mehlhaff on data centers, property taxes and more
RAPID CITY, S.D. (KOTA) – State Senate Majority Leader Jim Mehlhaff joined Political Pulse over the weekend.
Mehlhaff weighed in on property tax proposals, data centers, and effort to repeal the death penalty and speculation that Kristi Noem could run for Senate.
The interviewed was taped on Saturday.
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South Dakota
These 15 South Dakota counties will see DUI checkpoints this month
The monthly law enforcement effort helps to reduce alcohol-related deaths on the road.
The reason drinking among adults hit a record low
Fewer Americans are drinking alcohol, and more now see even moderate drinking as a health risk, according to a new Gallup poll.
unbranded – Lifestyle
The South Dakota Department of Public Safety is raising awareness this month on the dangers of drinking and driving.
Sobriety checkpoints take place statewide every month, usually hitting about 15 counties, in hopes of reminding motorists to “make responsible choices and avoid driving after drinking alcohol, whether or not a checkpoint is planned in their area,” says DPS communications director Brad Reiners.
DPS also announces ahead of time which counties will be monitored, most often Codington, Lincoln, Meade, Minnehaha and Pennington counties.
What is a sobriety checkpoint?
A sobriety checkpoint is a law enforcement effort that stops vehicles at pre-determined locations to identify and arrest impaired drivers as necessary.
These police stops are not based on unrelated violations of the law (ie., speeding, reckless driving, no seatbelt). Rather, officers are stopping any vehicle in a set pattern in a highly visible location that a driver will approach and must comply with.
Beyond arrests for driving under the influence (DUIs), including breathalyzer tests (PBTs) to determine blood alcohol level (BAC) as needed, the systematic effort is designed to “reduce impaired driving and improve roadway safety,” Reiners said.
South Dakota counties where checkpoints will take place in March include:
- Beadle
- Brookings
- Brown
- Clay
- Codington
- Day
- Hughes
- Hutchinson
- Jones
- Lawrence
- Lincoln
- Lyman
- Meade
- Minnehaha
- Pennington
How many sobriety checkpoints took place in Minnehaha County in 2025?
Other than confirming counties ahead of time, Reiners says time, day and exact location of each checkpoint cannot be confirmed.
Here’s a look at totals from sobriety checkpoints in Minnehaha County in 2025.
Reiners says the number of vehicle stops is merely based on how many happen to drive through a checkpoint that day:
- January: 30 vehicles stopped, 3 PBTs, no DUI arrests
- February: 18 vehicles stopped, 1 PBT, no DUI arrests
- March: 150 vehicles stopped, 9 PBTs, no DUI arrests
- August: 49 vehicles stopped, 1 PBT, no DUI arrests
- September: 105 vehicles stopped, 14 PBTs, no DUI arrests
- November: 63 vehicles stopped, 2 PBTs, 2 DUI arrests
How many fatal, alcohol-related car accidents are there in South Dakota?
According to the South Dakota Department of Health, among 365 alcohol-related deaths in 2024, 19% were because of a transportation/machinery accident, the second-most common cause.
The leading cause of alcohol-related deaths in 2024 was poisoning/toxic effects, at 24%.
Counties that most often experience overall alcohol-related deaths include Buffalo, Mellette, Corson, Oglala Lakota and Dewey counties.
Overall, males make up 65% of alcohol-related deaths in South Dakota from 2015-2024, almost two times higher than the female rate, with ages 30-69 at the highest risk.
Operation: Prairie Thunder not involved in sobriety checkpoints
DPS officials say the S.D. Office of Highway Patrol, the South Dakota Highway Patrol (SDHP) and local law enforcement agencies support DUI checkpoints, which are funded by the South Dakota Office of Highway Safety (SDHS).
Although Operation: Prairie Thunder (OPT) recently completed its 11th saturation patrol in Watertown on Feb. 26-27 – missions that bring together the SDHP with the city, county and federal law enforcement partners – SDHS officials stated last week that “sobriety checkpoints are not conducted as part of Operation: Prairie Thunder.”
Rather, OPT consists of targeted saturation patrols focused on criminal activity in a variety of communities.
Since its inception in August of last year, here’s a look at where total numbers stand for OPT, provided by the DPS.
Ongoing Operation: Prairie Thunder running totals
- 443 arrests
- 281 individuals in custody with a drug charge
- 162 in custody without a drug charge
- 473 individuals with a drug charge
- 192 charged and released
Operation: Prairie Thunder criminal drug apprehension totals
- 1,109 drug charges
- 318 felony drug charges
- 791 misdemeanor drug charges
- 81 felony warrants
- 168 misdemeanor warrants
Operation: Prairie Thunder ICE contacts
- 93 contacted
- 95 interviewed
- 71 in custody
- 9 apprehended for cartel / gang
- 10 identified for cartel / gang
- No human trafficking arrests
- No recoveries
Operation: Prairie Thunder traffic enforcement
- 42 DUIs
- 5 reckless driving
- 2,244 citations
- 2,725 warnings
The South Dakota governor’s office announced last December that operations will continue into 2026.
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