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Rule 05:02:08:00.05 Methodology for conducting the random sample for an initiative petition, referred law petition, or initiated constitutional amendment petition.

          5:02:08:00.05.  Methodology for conducting the random sample for an initiative petition, referred law petition, or initiated constitutional amendment petition. Upon receiving any initiative petition, referred law petition, or initiated constitutional amendment petition, the secretary of state shall use the following method for conducting the random sample:

 

          (1)  Each sheet within the petition shall be consecutively numbered;

 

          (2)  The number of eligible signature lines on a petition sheet is based on the highest numbered signature line on the petition sheet that contains information. If a signature line is empty or crossed out within the range of signature lines that contain information the signature line is included. If a signature line is empty or contains only abstract markings and is outside the range of signature lines that contain information the signature line is not included;

 

          (3)  A spreadsheet shall be created and shall list each petition sheet number from subdivision (1) and the number of eligible signature lines on each petition sheet as determined by subdivision (2);

 

          (4)  The sum of the eligible signature lines on each petition sheet is the total number of signatures received;

 

          (5)  The random sampling function (RAND) in the Microsoft Excel spreadsheet shall be used to identify five percent of the eligible signature lines in the petition;

 

          (6)  To determine the number of valid signatures in the five percent sample, each signature line identified in subdivision (5) shall be evaluated pursuant to §§ 5:02:08:00 and 5:02:08:00.01. In addition, no signature line may be counted unless the person is a registered voter in the county indicated on the signature line;

 

          (7)  The number of valid signatures determined in subdivision (6) is divided by the number of signature lines identified in subdivision (5). The resulting decimal is multiplied by the total number of eligible signatures received;

 

          (8)  If the product of subdivision (7) is equal to or greater than the required number of signatures needed to file the petition, the secretary of state shall certify the petition as filed;

 

          (9)  If the product of subdivision (7) is less than the required number of signatures needed to file the petition, the secretary of state shall certify the petition as not filed.

 

          Source: 33 SDR 230, effective July 1, 2007.

          General Authority: SDCL 2-1-16.

          Law Implemented: SDCL 2-1-16.

 


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