Attorney General Jackley Announces Full Federal Appeals Court Grants Hearing on State’s Ballot-Question Petition Law

 FOR IMMEDIATE RELEASE: Friday, Oct. 2, 2026

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that the U.S. Court of Appeals for the Eighth Circuit will hear oral arguments in January 2027 on the state’s appeal of a lower federal court ruling that prohibits the state from enforcing a new law that moved the election-year filing deadline for b allot-question petitions from May to February.

“I appreciate the full 11-member Appeals Court granting the State’s request to hear arguments on South Dakota’s election law,” said Attorney General Jackley. “In South Dakota, the right of our citizens to govern ourselves through the Election Petition process is our right. The South Dakota Legislature and our Governor reached a fair solution to our petition process and the ballot-question petition deadline.”

The 2025 South Dakota Legislature passed, and the Governor signed a bill moving the filing deadline for ballot-question 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.

A South Dakota federal court ruled for Dakotans for Health. That ruling was upheld by a 2-1 panel decision of the U.S. Court of Appeals for the Eighth Circuit. Attorney General Jackley then requested a hearing before the full Appeals Court.

The January oral arguments will be held in St. Louis, Mo.

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