Dakotans for Health Sues to Protect Voter Rights and Defend Direct Democracy
South Dakota’s Continued Attempts to Undermine Citizen Initiatives Challenged in Court
Pierre, South Dakota – April 1, 2025 — Dakotans for Health and its Chair, Rick Weiland, today filed a legal challenge against Secretary of State Monae Johnson, seeking to prevent the enforcement of House Bill 1184, which severely limits the state’s citizen-initiated petition process. This new law is the latest in an ongoing effort by the Republican-dominated South Dakota legislature to undermine direct democracy and block the will of the voters.
“We believe in the power of the people, and the people of South Dakota have consistently used the initiative process to bring about important reforms, from healthcare access to minimum wage increases. This new law is just another effort to silence the voices of South Dakotans and deny them the right to make decisions that impact their lives,” said Rick Weiland, Chair of Dakotans for Health.
The lawsuit, filed in the U.S. District Court for the District of South Dakota, targets HB 1184, which moves the filing deadline for citizen petitions from the first Tuesday in May to the first Tuesday in February, shortening the time available for petition circulators to gather the necessary signatures. It also imposes additional challenges, including harsher winter conditions and decreased voter interest due to the far-removed election date.
The suit argues that HB 1184 violates the First Amendment by infringing on South Dakotans’ right to petition their government. The plaintiffs cite past rulings, including from the Eighth Circuit Court of Appeals, which have consistently found that deadlines for citizen petitions should not be set too far in advance of an election, as it dilutes public participation and limits political speech.
“In a state where one political party controls every branch of government for more than three decades, the citizens’ right to initiate change has never been more important. The legislature’s move to roll back the petition filing deadline is a direct attempt to make it harder for everyday South Dakotans to propose changes to the laws that affect them,” said Weiland.
House Bill 1184, enacted as part of a series of legislative restrictions on the citizen initiative process, is part of an ongoing pattern where the South Dakota Legislature has repeatedly sought to restrict or undermine voters’ ability to directly change state law. These efforts include recent battles over petition circulation rules and campaign finance laws that infringe upon the First Amendment.
The plaintiffs, Dakotans for Health, are fighting to preserve a system that allows voters to have a direct say in their state’s laws. In 2024, they successfully submitted over 54,000 signatures for a constitutional amendment aimed at restoring Roe v. Wade rights for South Dakota women. Their work, alongside other organizations, is being undermined by HB 1184, which shortens the critical window in which petition drives can gather signatures.
The case also highlights the practical challenges faced by petition circulators, who must gather tens of thousands of signatures in harsh weather conditions, while working within tight timeframes that diminish their chances for success. According to the plaintiffs, reducing the time available to circulate petitions makes it less likely that any petition will gather enough valid signatures, discouraging future citizen engagement and activism.
“We are asking the court to protect the right of South Dakotans to engage in direct democracy by issuing an injunction to stop the enforcement of HB 1184. If this law is allowed to stand, it will severely restrict our ability to gather the signatures needed to bring important issues before voters. The people of South Dakota deserve better,” Weiland concluded.
Dakotans for Health and Rick Weiland are seeking both a preliminary and permanent injunction to block the enforcement of the law and protect the First Amendment rights of South Dakota’s citizens.
Attachments:
Full copies of the federal lawsuit and the legal memo for injunction are available on our website. Just scroll to the bottom of the page and you’ll see two downloadable PDF files:
- Dakotans for Health et al. v. Monae Johnson – Complaint
- Memo in Support of Preliminary and Permanent Injunction
Not exactly a fan of Weiland, but I happen to agree with him. Why can’t the legislature leave our initiative and referendum rights alone? They keep trying to fix a system that isn’t broken.
Thank you Dakotans for Health. Our legislature will stop at nothing to stifle and suppress the will of our citizens.
Weiland is the reason the Republicans keep winning. He is the Kamala Harris of South Dakota.
Dakotans for Health should be trying to figure out how to pay for Medicaid expansion when the Federal government rescinds its share of the cost.
Fun fact: Even if the feds cut their portion of funding SD will still get more from the government than it gives. Time pull to pull ourselves up by the bootstraps and take care of our residents. State income tax is going to have to come anyway (property and sales taxes are showing their limits), might as well get on it.
I just read this after posting it.. there’s entirely too much bold type here.