State lawmakers came up short on efforts to allow county-level petition signature gatherers the ability to correct provisions that could be unlawful.
The last-minute effort was in response to petition drives critics say will be unconstitutional if passed.
At least two counties could see ballot questions that ask voters if all elections should be conducted by paper ballot only and hand counted. The ballot questions also prohibits the use of electronic voting devices.
Critics say that violates federal law because it would disadvantage seeing impaired individuals.
State lawmakers wanted to allow counties the ability to disqualify a petition based on constitutionality and to grant petition circulators the ability to revise their proposed question.
Rep. Jon Hansen, R-Dell Rapids, opposed the move by lawmakers.
“It matters, particularly, on an issue where we’re talking about taking away—well, allowing the exercise of a veto on the right of the people to initiate a law," Hansen said Thursday. "This doesn’t just apply to election law. That’s what we’re talking about here because that’s the issue that spun this up. But this is anything into the future.”
The bill failed in the House.
Some worry not passing this law leaves counties vulnerable if the electronic voting machines ban ballot questions pass in various counties.
Lawmakers spent much of last year and this session working on ways the state can help save counties money.
Representative Rebecca Reimer, R-Chamberlain, said counties can expect challenges.
“Whether it’s financially or whatever the other challenges may be—I’m not sure. There will be challenges, and we know that. Even the state's attorneys were present when we did the conference committee and they’re concerned about this as well. I hope it goes well, but we will see what happens," Reimer said.
State lawmakers adjourned after also failing to update its residency laws for the purposes of voter registration. State law requires someone live in the state for 30 days in a fixed, permanent dwelling. Heading into a presidential election, many view that law as unconstitutional.
