The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-03-11
THE INITIATIVE
AND REFERENDUM

Following is a copy of the law passed
by the South Dakota legislature for the
purpose of giving effect to the initiative
and referendum, in compliance with the re-
cent amendment of the constitution of the
state:
Section l. All measures proposed to the
legislature under the initiative shall be
presented by petition, which petition shall
be signed by not less than per cent of
the qualified electors of the state, and each
elector shall ada to his signature his place
of residence, his business and his postof1ce
address. The petition shall DO filed in the
office of the secretary of state, and upon
the converting of the legislature the secre-
tary 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 converting of said legislature;
and whenever a measure is proposed dur
ing the session of the legislature it shall be
transmitted by the secretary of state forth
with to the senate and house of repre-
sentatives, 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.
Sec. 2. If majority of all the votes cast
both for and against the measure so en-
acted and submitted be for the measure, 1t
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.
Sec. 8. Any laws which the legislature
may have enacted, except laws which may
be necessary for the immediate preserva-
tion of the public peace, health and safety,
support to the state government and it's
existing institutions, shall, upon the filing
of petition as hereinafter provided, be
submitted to a vote of the electors of the
state at the next general election. Said
petition shall be signed by not less than
per cent. of the qualified electors of the
state, and each elector shall add to his
signature his place of residence, his BUSH
ness and postoffice address, which petition
shall be filed in the Office of the secretary
of state within ninety days after the ad-
journment 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 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.
Sec. A. 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 which the
names of the candidates for office are
printed, but all measures or 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 Gas the case may be- become law OF
this state?" Immediately to the left of
which shall be printed the words, Yes
and mo-" each preceded by square in
which the elector may place 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 mo"
may place a cross within the square before
the word mo-" and the secretary of state
shall prepare and certify to the county aud
itor of each county the measures and laws
to be voted upon at such general election
in such manner and at the same time he
certifies to said auditor certificates of NOM
nations for general elections, and it is
hereby made the duty of the board of state
canyasSerS 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 can
yassed, and the result declared by said
board of state canvassers for state officers.
Sec. s. The total number of votes cast at
the last preceding general election shall
be, for the purpose of this act, 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.
Sec. g. Every petition to propose a meas
ure must contain the substance the initia-
tive law desired, and must be signed in
person by the petitioners, and every petit
ton to submit a law to the vote of the cleo
tors of the state must be signed in person
by the petitioners and must describe in
said petition the law desired to be submit
ted by setting forth it's title, together with
the date of its passage and approval
Sec. T. Every person who is a qualified
elector may sign petition to propose n
measure or submit law, and any person
signing any name other than his own to
said petition. any person signing such
petition who is not a qualified eector of
this state, shall, upon conviction thereof,
be fined in any sum not to exceed $780, 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.
Sec. s. Whereas, There Is no law for car
rying into effect that portion of the consti-
tuition relating to the initiative and refer
endum therefore an. emergency is hereby
declared to exist, and this act shall take
effect and be in force from and after its
passage and approval.