On the final day of the 100th legislative session, lawmakers upheld the veto killing a bill changing the petition gathering process for constitutional amendments.
The two chambers split in the vote to overturn that veto.
The legislation would have required signatures from every legislative district, and how many is determined by the calculation of the number of votes cast in each district in the last gubernatorial election.
Proponents of HB 1169 say it gives rural South Dakotans more of a voice in the Constitutional Amendment process, likening the process to the electoral college model.
Opponents say it hurts the citizen-led constitutional amendment process, making it nearly “impossible” to gather the necessary signatures.
Gov. Larry Rhoden vetoed the bill, saying he believed changing the state’s constitution through statute wouldn’t hold up in court.
Rep. Rebecca Reimer asked legislators to override the veto Monday on the House floor.
"The governor is wrong about precedent; the 8th Circuit has not banned all distribution requirements," Reimer said. "It has struck down a few, but it has upheld others. The bill protects small towns and rural communities, and it gives them a seat at the table before election day."
The House went on to override the veto. But to complete the process, both chambers must agree.
Sen. Michael Rohl opposed the bill on the Senate floor. He said the Constitutional Amendment process is a check on the legislature, and HB 1169 undermines that.
“You can’t say you’re a Constitutionalist, if you’re just going to enforce the parts of the Constitution that you personally agree with. That’s not a Constitutionalist. A Constitutionalist is somebody that actually supports the Constitution even when it doesn’t exactly line up with exactly what they want," Rohl said. "This is the citizens’ ability to be able to change that, to be able to have their input in that. At the end of the day, the people of South Dakota support their right to change their Constitution, if they wish to do so."
The Senate voted 16-16-3 and failed to get the 2/3 majority needed to override Rhoden’s veto.
Matthew Schweich is the President of the Voter Defense Association of South Dakota, an organization who opposed the bill. He called it a win for voters.
"This is a major victory for the ballot initiative process in South Dakota," Schweich said. "We once again thank Gov. Rhoden for exercising his veto authority against HB 1169 and we thank those legislators who voted to respect his decision."
He said he believes a large reason the veto upheld is because voters called Gov. Rhoden and legislators to oppose it.
