Attorney General Jackley Announces State to Request Further Review Of Federal Ruling on State’s Ballot-Question Petition Deadline

FOR IMMEDIATE RELEASE: Tuesday, Aug. 11, 2026

Contact: Tony Mangan, Communications Director, 605-773-6878   

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that the state will seek further review of a 2-1 panel decision of the U.S. Court of Appeals for the Eighth Circuit that upheld a lower federal court ruling that prohibits the state from enforcing a new law that moved the election-year filing deadline for ballot-question petitions to nine months, from May to February.

Attorney General Jackley said the state plans to request that the entire 11-member Eighth Circuit Court of Appeals hear the case.

“While we respect the panel’s decision, we still believe the South Dakota Legislature reached a fair solution to our petition process, without infringing on the First Amendment,” said Attorney General Jackley. “We believe this case is worthy of being heard by the full court. As stated by Judge Lonken in his dissent, ‘the Constitution does not authorize the federal court’s micromanagement of state elections.’”

A bill passed by the 2025 South Dakota Legislature and signed by the Governor moved the filing deadline for ballot-questions petitions from May to February. Dakotans for Health had appealed that bill on the grounds that it reduced the circulation window for gathering petitions by three months. That appeal was upheld by a South Dakota federal court.

In its appeal to the Court of Appeals, the state argued that the February deadline allowed enough time for ballot measure supporters to gather signatures and for the Secretary of State’s Office to determine the signatures were valid.

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