I. THE INITIATIVE AND REFERENDUM I. SOUTH DAKOTA Constitutional Amendment 1 [The following constitutional provision was passed by the legis lature in 1897. The amendment was ratified at the general election held November 8, 1898. The Supreme court of South Dakota held the amendment constitutional in the case of State ex rel. Lavin et al. vs. Bacon et al., 14 S. D. 394. On March 3, 1899, the legislature elaborated the machinery for working the system. These laws provide for state-wide and local use of the initiative and referendum.] § 1. The legislative power shall be vested in a legislature which shall consist of a senate and house of representatives. Except that the people expressly reserve to themselves the right to propose measures, which measures the legislature shall enact and submit to a vote of the electors of the state, and also the right to require that any laws which the legislature may have enacted shall be submitted to a vote of the electors of the state before going into effect (except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions). Provided, that not more than five per centum of the qualified electors of the state shall be required to invoke either the initiative or the referendum. This section shall not be construed so as to deprive the legislature or any member thereof of the right to propose any measure. The veto power of the executive shall not be exercised as to 1 Constitution of South Dakota, Revised Codes of South Dakota, 1903, p. I. measures referred to a vote of the people. This section shall apply to municipalities. The enacting clause of all laws approved by vote of the electors of the state shall be: "Be it enacted by the people of South Dakota." The legislature shall make suitable provisions for carrying into effect the provisions of this section. Elaborating Law-State-Wide 1 § 21. All measures proposed to the legislature under the initiative shall be presented by petition, which petition shall be signed by not less than five per cent of the qualified electors of the state, and each elector shall add to his signature his place of residence, his business, and his post office address. The petition shall be filed in the office of the secretary of state, and upon the convening of the legislature the secretary of state shall transmit to the senate and house of representatives certified copies of all of said petitions which may be on file in the office of the secretary of state at the convening of said legislature, and whenever a measure is proposed during the session of the legislature it shall be transmitted by the secretary of state forthwith to the senate and house of representatives, and the legislature shall enact and submit all of such proposed measures to a vote of the electors of the state at the next general election. 22. If a majority of all the votes cast both for and against the measure so enacted and submitted be for the measure, it shall then become a law of the State of South Dakota, and shall go into effect and be in force immediately after the result shall have been determined by the officers authorized by law to determine the same. 23. Any laws which the legislature may have enacted, except laws which may be necessary for the immediate preservation of the public peace, health and safety, support to the state government and its existing institutions, shall, upon the filing of a petition as hereinafter provided, be submitted to a vote of the 1 Revised Codes of South Dakota, 1903, pp. 5 f. electors of the state at the next general election. Said petition shall be signed by not less than five per cent of the qualified electors of the state, and each elector shall add to his signature his place of residence, his business and post-office address, which petition shall be filed in the office of the secretary of state within ninety days after the adjournment of the legislature which passed such laws, and if a majority of all the votes cast both for and against the law be for the law, it shall then become a law of this state, and shall go into effect and be in force immediately after the result shall have been determined by the officers authorized by law to determine the same. § 24. Whenever a measure or law of the legislature is submitted to the electors, the said measure or law shall be printed upon a separate ballot from that upon which the names of the candidates for office are printed, but all measures and laws of the legislature to be voted upon at the same election shall be printed upon one ballot, and each measure and law shall be followed by the words: "Shall the above measure or law (as the case may be) become a law of this state?" Immediately to the left of which shall be printed the words "Yes" and "No," each preceded by a square in which the elector may place a cross within such square to indicate his vote. Each elector desiring to vote "Yes" may place a cross within the square before the word "Yes," and those desiring to vote "No" may place a cross within the square before the word "No," and the secretary of state shall prepare and certify to the county auditor of each county the measures and laws to be voted upon at such general election in the manner and at the same time he certifies to said auditor certificates of nominations for general elections, and it is hereby made the duty of the board of state canvassers to canvass the returns of votes cast for these measures and laws, and to declare the result, in the same manner and at the same time as other returns are canvassed, and the result declared by said board of state canvassers for state officers. § 25. The total number of votes cast at the last preceding gen eral election shall be, for the purpose of this article, the basis upon which the five per cent of the electors shall be determined, and the vote upon which said basis shall be made shall be the vote cast for governor at such general election. § 26. Every petition to propose a measure must contain the substance of the initiative law desired, and must be signed in person by the petitioners; and every petition to submit a law to a vote of the electors of the state must be signed in person by the petitioners and must describe in said petition the law desired to be submitted by setting forth its title, together with the date of its passage and approval. 827. Every person who is a qualified elector may sign a petition to propose a measure or submit a law, and any person signing any name other than his own to said petition, or any person signing such petition who is not a qualified elector of this state, shall, upon conviction therefor, be fined in any sum not to exceed five hundred dollars or may be imprisoned in the state penitentiary for a term not to exceed five years; and the court may, in its discretion, impose both such fine and imprisonment. 1214. No law, ordinance or resolution, having the effect of law, for the government of any city or town passed by the legislative body or bodies thereof, except such as are for the immediate preservation of the public peace, or the public health, or safety, or expenditure of money in the ordinary course of the administration of the affairs of such public corporation, shall go into effect until twenty days after the passage of such law, ordinance, or resolution, and the words law, ordinance or resolution used in this article mean ordinances, resolves, orders, agreements, contracts, franchises, and any measure which it is in the power of the lawmakers or the electors of any municipality to enact. 1215. The qualified electors residing in any city or town 1 Revised Codes of South Dakota, 1903, pp. 205 ff. may within the said twenty days file a petition with the auditor, or other proper officer or clerk thereof, requiring him to submit any such law, ordinance, or resolution, to a vote of the electors of the political subdivision affected thereby for its rejection or approval, at a special election to be held within thirty days immediately following the filing of said petition. Provided, that in all cases where such petitions are filed at any time, not more than three months immediately prior to any election held for the purpose of electing the officers of said city or town, such law, ordinance or resolution shall be submitted at such election, provided such petitions are filed within sufficient time to give the notice above prescribed. § 1216. If the matter intended to be covered by said petition is the whole of said law, ordinance or resolution, said petition shall contain the title of the said law, ordinance or resolution to be voted on by the electors, and the date of the passage of said law, ordinance or resolution by the legislative body of said municipal corporation; but if a portion of said law, ordinance or resolution is only intended to be covered by the said petition, then the said petition shall contain the title of said law, ordinance or resolution, the date of its passage, following which that portion of said law, ordinance or resolution intended to be covered by said petition shall be set out at length, and said petition, to be mandatory, shall be signed by at least five per centum of the legal voters residing in such city, or town, the percentage to be based on the whole number of votes cast for the highest executive officer in said city or town, at the election immediately preceding the filing of said petition, which said petition shall conform substantially to the provisions of the preceding section, and each elector signing the same, shall after his name state his occupation, residence and post-office address. § 1217. An oath shall be made before a duly qualified officer by at least five voters signing said petition, or if more than one, each petition, to the effect that said petition is made in good faith, and that the affiant verily believes all the signatures to be |