HB 1323 South Dakota House · 2026 Regular Session

modify the requirements to refer an ordinance or resolution to the voters of a political subdivision.

HB 1323 amends South Dakota law to require that petitions referring county or municipal ordinances/resolutions to voters be filed within **45 days** of the ordinance's adoption, instead of the previous timeframe. This affects **voters** in counties or municipalities who wish to challenge local government decisions through a referendum. The bill specifies that petitions must be signed by **at least 5% of registered voters** (based on the last general election's total), and it updates related sections (like §7-18A-15) to reflect this 45-day deadline. The change streamlines the process but does not alter which ordinances/resolutions can be referred (e.g., those affecting public safety remain excluded).
Bill status failed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
House Passage
Mar 2026
Senate Passage
Governor
Introduced Feb 23, 2026 Last action Mar 10, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

Senate State Affairs Engrossed Senate Engrossed · 5 edits · Mar 10, 2026
MODERATE
This bill modifies how county and municipal ordinances can be referred to voters for approval or rejection. It clarifies when ordinances take effect and establishes petition requirements for citizen-initiated referendums. The changes streamline the process for voters to challenge local government decisions while maintaining exceptions for urgent public safety matters.
Scope change
The bill applies to county commissioners, municipalities, and special annexation precincts, expanding clarity on when ordinances become effective and how citizens can petition for referendums.
REQUIREMENT

Clarified that most ordinances take effect 20 days after publication unless suspended by referendum, with specific exceptions for public safety, elections, assessments, and bids.

Established that county ordinances can be referred to voters via petition signed by 5% of registered voters or 2,500 voters, whichever is fewer.

Added specific exclusions preventing referendum petitions for ordinances related to public safety, county government support, execution of existing plans, or supervision of county programs.

Updated annexation procedures to allow voters to petition for approval or rejection of annexation resolutions within 20 days of publication.

TIMELINE

Standardized the 20-day waiting period for ordinance effectiveness after publication across multiple sections.

Floor votes · House Mar 10, 2026

How they voted

4027
Passed · 3 other
Total votes 70
Mar 10, 2026
D Democratic5
5 Yea
100% Yea
R Republican65
35 Yea 27 Nay 3
53% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
14
Key actions
5
Committee
5
Amendments
3
Mar 10, 2026
House · Passed
House Vote: pass (40-27-3)
house
Mar 9, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 19, NAYS 15 S.J. 504
upper
Mar 9, 2026
Introduced
Senate Motion to amend , Passed, S.J. 499 Amendment 1323G
upper
Mar 4, 2026
Upper · Passed
State Affairs Do Pass Amended , Passed, YEAS 5, NAYS 2 S.J. 39
upper
Mar 4, 2026
Introduced
State Affairs Motion to amend , Passed, S.J. 39 Amendment 1323E
upper
Feb 23, 2026
Introduced
First read in Senate and referred to Senate State Affairs S.J. 357
upper
Feb 20, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 39, NAYS 28 H.J. 392
lower
Feb 20, 2026
Introduced
House of Representatives Motion to amend , Passed, H.J. 391 Amendment 1323A
lower
Feb 18, 2026
Lower · Passed
State Affairs Do Pass , Passed, YEAS 10, NAYS 2
lower
Feb 6, 2026
Committee
Referred to House State Affairs H.J. 247
lower
10 primary · 0 co-sponsors

Sponsors