South Dakota
Party-specific thresholds and the most litigated rules in the region
South Dakota runs one of the most active — and most legislatively contested — initiative systems in the country, and its candidate petitions are unusual in being keyed to each party’s own gubernatorial vote rather than a common baseline. Every petition sheet requires a notarized circulator verification, and the notary may be neither the circulator nor a signer. Rules here change nearly every legislative session, and at least one core deadline is currently governed by a federal injunction under appeal.
Signature Requirements
| Office / Measure | Requirement |
|---|---|
| Statewide & congressional — Republican | 1% of the 2022 Republican gubernatorial vote — 2,171 (2026 cycle) |
| Statewide & congressional — Democratic | 1% of the 2022 Democratic gubernatorial vote — 1,232 (2026 cycle) |
| Statewide & congressional — Libertarian | 1% of the 2022 Libertarian U.S. House vote — 741 (2026 cycle) |
| Statewide — independent | 1% of the total 2022 gubernatorial vote — 3,502 (2026 cycle) |
| Legislative district & county (SDCL 12-6-7) | Lesser of 1% of the party’s gubernatorial vote in that district/county or 50 signatures |
| New political party candidate petitions | 250 signatures (2026 cycle) |
| Initiated measure (statute) & referred law | 5% of the total gubernatorial vote — 17,508 (2026 cycle) |
| Initiated constitutional amendment | 10% of the total gubernatorial vote — 35,017 (2026 cycle) |
Filing structure
Party candidates file no later than 5 p.m. on the last Tuesday of March before the June primary; independent candidates file no later than 5 p.m. on the last Tuesday of April. Registered mail postmarked by the deadline is accepted. Ballot question petitions are due the first Tuesday in May of the general election year, and referred-law petitions within 90 days of legislative adjournment. Signatures for a ballot question may not be gathered more than 24 months before the election.
Who may circulate
A circulator must be a South Dakota resident who is at least 18 — voter registration is not required. Registered sex offenders are barred except in narrow supervised-employment situations. The residency requirement was reinstated by SB 106 in 2025 after a federal court struck the prior version (SB 180 of 2020) as unconstitutional in 2023, so this is settled-for-now rather than settled law.
The circulator affidavit and notary rules
Every sheet carries a circulator verification sworn before a South Dakota notary or other officer authorized to administer oaths, and the notary must sign, give a complete commission expiration date, and affix a seal. The notary may not be the circulator and may not be a signer — either defect voids the sheet or the line. Ballot question circulators must additionally disclose driver’s license and voter registration state, current and two prior addresses, and residency proof, and must hand each signer an approved form carrying the Attorney General’s title and explanation plus sponsor contact and compensation details.
What invalidates a signature
Lines fail when the signer is not a registered voter in the correct jurisdiction, when a party candidate’s signer is not registered with that party, when the signature falls outside the window between the candidate’s signed declaration and the circulator’s verification, when the registration address, county, or date is incomplete, or when ditto marks are used instead of full information. Ballot question sheets require all six boxes of every signature line completed. Paying circulators per signature is prohibited, though productivity bonuses and minimum quotas are allowed, and paid circulators must wear identifying badges.
Verification and single subject
The Secretary of State verifies ballot question signatures by random sample of at least 5% of the signatures submitted, and statute directs that mere technicalities shall not invalidate a petition. A single-subject rule applies to both constitutional amendments (Amendment Z, 2018) and initiated statutes (HB 1007); SB 92 in 2025 directed the Secretary of State to review compliance and deny non-compliant measures with a written explanation posted online. There is no formal cure period once petitions are filed.
Ballot Measures in South Dakota
South Dakota was the first state to adopt the initiative and still offers the full set: initiated statutes at 5% of the total gubernatorial vote (17,508 for the 2026 cycle), initiated constitutional amendments at 10% (35,017), and referred laws at 5% filed within 90 days of legislative adjournment. Sponsors submit draft text for review, receive an Attorney General title and explanation subject to a public comment period, and may not gather signatures more than 24 months before the election. Contrary to a common misconception, South Dakota has no geographic distribution requirement — HB 1169 in 2025 would have required 5% of the gubernatorial vote from each of the 35 Senate districts for constitutional amendments, but Governor Larry Rhoden vetoed it and the veto was sustained when the Senate deadlocked 16–16, and its sponsor has said she intends to reintroduce it. Verification is by random sample of at least 5% of signatures. Two further items belong on any 2026 planning sheet: Amendment L, a legislatively referred measure on the November 2026 ballot that would raise the approval threshold for constitutional amendments from a simple majority to 60%, and the pending Eighth Circuit appeal in Dakotans for Health v. Johnson over the petition filing deadline.
What Trips Campaigns Up in South Dakota
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South Dakota Ballot Access FAQ
Do South Dakota candidate signature counts change every cycle?
Yes. They are set as 1% of the relevant party’s gubernatorial vote at the last gubernatorial election, so each party has a different number and all of them reset every four years. The 2026 figures come from the 2022 governor’s race.
Does South Dakota require a district distribution for initiatives?
No. A 2025 bill (HB 1169) would have required signatures from each of the 35 Senate districts for constitutional amendments, but it was vetoed and the veto was sustained. Watch for reintroduction in future sessions.
Who can notarize my petition sheets?
Any South Dakota notary or officer authorized to administer oaths, so long as that person is not the circulator of the sheet and did not sign the petition. The notary must include a complete commission expiration date and seal.
Is there a filing fee instead of signatures?
No. South Dakota does not offer a filing fee alternative for candidate ballot access; signatures are the only path, and independents face a substantially higher threshold than party candidates.
Running a Campaign in This State?
Signature requirements are the easy part. Hitting them on deadline is the job.