Here’s an interesting tale related to me from one of my readers:
My son was.. collecting signatures at the Sioux Empire fair (for a different petition). He was telling me about this woman (Circulating petitions for Represent SD) leading three or four other people who were also collecting signatures. He told me that the people he was speaking with (who were in her group) told him that they were all from Nevada.
At one point, she began a discussion with my son and it was obvious to my son that she was not from South Dakota. So he asked her where she was from. Her response: “it doesn’t matter where I’m from.”
On August 15, 2017, I was at the Empire Mall with another son and I could see this woman talking to people at the food court. When she approached me it was obvious she was collecting signatures so I took a picture of her as she talked with me.
She was very friendly with me until I asked her if she had an id on her so I could verify if she was a South Dakota resident. At that point, she physically backed away from me and got up from her chair. I continued to ask her for an ID she told me that it doesn’t matter where she’s from and she doesn’t have to show me any verification. My son confirmed this was the same woman from the fair. Later, I approached mall security and was told that she was asked to leave an was given a trespass warning.
This brings me to the question that I have for you: if this woman is not from South Dakota, are the signatures that she gathered invalid?
As I noted to my correspondent, South Dakota law states:
SDCL 12-1-3 (9) “Petition circulator,” a resident of the State of South Dakota who is at least eighteen years of age who circulates nominating petitions or other petitions for the purpose of placing candidates or issues on any election ballot;
If non-residents are circulating the petition, that’s a no-no according to state law.
How can you prove that the circulator is a resident? It’s not like they stamp your hand at the border.
One very easy way is to demand to see the petitioner’s ID. Why? Because for those petitioners coming from outside the state and establishing residency, once you become a resident of South Dakota, you are required to transfer your out-of-state driver’s license. Which shouldn’t be a problem for anyone who is legitimately a South Dakota resident.
If a petitioner refuses to provide a valid South Dakota ID or Driver’s license, if it were me, I’d seriously call into question their residency.
And their ability to legally circulate the petition they have in their hands.
Can’t you videotape them or record them with audio? Get the proof and turn them in!
So much this. ^^^
Without evidence, you have nothing. If you are going to engage the petitioners and prove they are from out of state, record it! otherwise you are doing no good whatsoever.
I will do that if I get approached again, and then I will tell them, whether in state or not, that I am not signing ANYTHING!!
And VNOE!!
Try to take a picture of the petition also. That will let you know which petition(s) to invalidate and also check to see if the circulator name (I assume it’s listed on the petition) is fraudulent.
The SOS has no enforcement capacity or investigation capacity. We took loads of photos and videos and had KELO and the Argus doing stories on the most shameful and illegal petition drive in SD history, that of Lisa Furlong and her fake 18% rate cap which only made the ballot because the out of state money brought in scores of out of state petitioners to get double the signatures required. There was nothing the AG or SOS could do. We didn’t have moneybas an in state ballot committee to pay for the legal challenge to get every signature ceritified and every circulator verified. SD needs to make it illegal for watchers to sign off as circulators after a dozen out of staters gather signatures at an event. It’s a joke.
I’ve suggested to the ballot initiative task force that the SOS have a hotline like Game Fish and Parks has for poachers. If a violation is seen, a call can be made and the SOS can get a county auditor staffer to show up on the scene. Just as the SOS can deputize notaries, in each county the SOS can deputize deputy auditors to quickly respond to and have authority to issue citations, demand ID and confiscate clipboards. If we can take a rifle from a poacher we can take a clipboard. Three citations to a ballot committee and the petition is revoked.
Isn’t there fraud here somewhere to refer to the Attorney General even if secretary of state can’t act?
If they aren’t collecting signatures for legitimate petitions, we need to point out signing these things amounts to signing up for identity theft. They have your name, address and signature. This is enough to inundate you with junk mail and phone calls about “problems with” your credit cards, computers, auto warranties or student loans.
Don’t sign any of them!