This morning, August 11, the U.S. Court of Appeals for the 8th Circuit has once again struck down an effort by the Legislature and Governor of South Dakota to place a burdensome requirement on citizens seeking to enact new laws or amend the state constitution through initiated measures. The restriction in this case was a 9-month pre-election deadline for citizen-initated petitions. In ruling on a Complaint filed by Dakotans for Health and Rick Weiland, U.S. District Judge Camela C. Theeler granted a permanent injunction against the State of South Dakota in regard as to its enforcement. Judge Theeler injunction was entered August 29, 2025, less than two months after it went into effect on July 1, 2025.
There is a history of repeated efforts, and failures, in regard to attempts to restrict citizen-initiated measures in South Dakota. This is described in the opening paragraph of the 8th Circuit opinion as follows:
Three years ago, we struck down South Dakota’s one-year pre-election deadline for filing citizen petitions to enact state laws and amend the state constitution. SD Voice v. Noem, 60 F.4th 1071 (8th Cir. 2023). South Dakota initially responded to that decision by enacting a six-month pre-election deadline. Last year, however, the state enacted a new law that moved the filing deadline to nine months before the general election. [Plaintiffs] sued in the district court for a permanent injunction against the nine-month deadline on First Amendment grounds. Applying Anderson-Burdick “sliding” scrutiny, the district court held that the deadline violated the First Amendment and issued a permanent injunction. We affirm.
This most recent effort evolved in 2025 as House Bill 1184, with Representative Jon Hansen (R, Dell Rapids) as prime sponsor. The prime sponsor in the Senate was Senator Tom Pischke (R, Dell Rapids). Governor Larry Rhoden signed it on March 31, 2025, and it became effective on July 1, 2025.
Judge Theeler’s ruling was assigned to a three judge panel by the U.S. Court of Appeals for the 8th Circuit, consisting of Judges Gruender, Loker and Kelly. Judge Gruender authored the Court’s opinion. Judge Loker dissented.
Prime Sponsor Jon Hansen served as Speaker of the House of Representatives for the 2025-26 term. He unsuccessfully ran for the Republican nomination for Governor thereafter. Senator Tom Pischke served as Majority Whip in the Senate for the 2025-26 term. Larry Rhoden is the current Governor and is also the Republican Candidate for Governor for the 2026 General Election.
A copy of this decision, including the majority opinion and the dissenting opinion may be obtained by sending an e-mail request to rogermbaron@gmail.com
