A House committee advanced a bill Monday (Jan. 26, 2026) that would prohibit paying people to circulate ballot petitions in South Dakota, setting up a floor debate over the future of the state’s initiative and referendum process.
The House State Affairs Committee voted 9–4 to send House Bill 1087 to the House floor with a do-pass recommendation.
The bill, sponsored by Rep. Travis Ismay, R-Vale, would bar compensation for circulating petitions for initiated measures, constitutional amendments, or referred laws. If a court finds a violation, the petition would be void.
Supporters argued the measure would restore grassroots control over the ballot process and prevent out-of-state interests from placing measures before voters.
Tonchi Weaver, a lobbyist for South Dakota Citizens for Liberty, told lawmakers paid circulation distorts the initiative process and gives wealthier interests an unfair advantage.
“If you have more money than me, then your speech is bigger than my speech, and the only way to make this an even playing field is to take the money out of it,” Weaver said.
Opponents warned that the bill is unconstitutional and could expose the state to costly litigation.
Republican Rep. Greg Jamison, R-Sioux Falls, questioned whether lawmakers were simply revisiting a settled legal issue.
“I’m just not excited about just throwing it against the wall again to see if it sticks,” Jamison said.
Several committee members said the current system allows money to overwhelm citizen participation.
Rep. Spencer Gosch, R-Glenham, who moved the do-pass motion, said South Dakota pioneered the initiative process to counter concentrated financial power and should now update it.
“I don’t think of it as wasting money or throwing it up against the wall,” Gosch said. “I think of it as us evolving in the very thing that we invented.”
The bill now moves to the House floor for debate. If approved and signed into law, it would almost certainly face a court challenge before taking effect.
By Todd Epp | South Dakota Broadcasters Association.
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