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From the desk of Kyle Schoenfish

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From the desk of Kyle Schoenfish

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The 100th legislative session came to a close on Veto Day which was held Monday, March 31. The only bill which was vetoed after the regular session was HB 1169 which modifies the requirement to initiate a constitutional amendment. Changes to the constitution must be proposed by a majority vote of legislators, or by gathering signatures of at least 10 percent of the votes cast in the last gubernatorial election. A change to the constitution is then voted on in the election. HB 1169 would have required a measure proposed by initiative to have signatures from five percent of the votes cast for governor in every single legislative district. The total number of signatures would have still had to equal 10 percent of the votes cast for governor statewide. We often have to make difficult decisions as legislators, but there was nothing difficult about the vote on Veto Day. Voting no on that day was as easy as voting no on HB 1169 the first time during session. The way the bill was written, if a proposed initiative fell short in only one legislative district for any reason it would not make the ballot. The 2025 session was full of solutions looking for problems; this was just another example. The governor was correct in his reasoning on his decision to veto HB 1169. Under HB 1169 only then most well-funded groups would be able to initiate constitutional amendments. It would have likely been found unconstitutional. HB 1169 proposed changing constitutional requirements by codified law instead of through the constitution itself. We take an oath to uphold the constitution; that oath takes first priority when deciding how to vote on legislation. It is also very costly to the state financially to violate the constitution. HB 1169 failed in the Senate on Veto Day with a tie vote of 16-16. To override a veto, a bill needs two thirds of the vote in each chamber which would be 24 in the Senate, making it eight votes short of passing. Session may be over for 2025 but there will be plenty of time spent working with my fellow legislators, constituents and education groups in my role as Chairman to get ready for next session. I can be contacted at 605-660-6468 or kyle.schoenfish@sdlegislature.gov