An Act to authorize legislative intervention into certain cases pertaining to election law.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   15-6-24(c) be AMENDED:

15-6-24(c). A person desiring to intervene shall serve a motion to intervene upon the parties as provided in   15-6-5. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene.

When the constitutionality of an act of the Legislature affecting the public interest is drawn in question in any action to which the state or an officer, agency, or employee of the state is not a party, the party asserting the unconstitutionality of the act shall notify the attorney general thereof within such time as to afford him the attorney general the opportunity to intervene.

When the constitutionality of a statute in title 12, or the construction or validity of a statute in title 12 is drawn in question in any action to which the Legislature is not a party, the party asserting the constitutionality or construction of a statute in title 12 shall serve notice upon the director of the Legislative Research Council, who shall notify the Executive Board of the Legislative Research Council thereof within such time as to afford the Executive Board the opportunity to intervene pursuant to section 2 of this Act.

Section 2. That chapter 12-1 be amended with a NEW SECTION:

The Executive Board of the Legislative Research Council has the unconditional right to intervene when the constitutionality of a statute in title 12, or the construction or validity of a statute in title 12, is drawn in question in any action to which the Legislature is not a party. The intervention is in the name of the Executive Board of the Legislative Research Council on behalf of the Legislature. Nothing in this section constitutes an expressed waiver of legislative immunity or legislative privilege of any member, officer, or staff of the Legislature.

Section 3. That chapter 12-1 be amended with a NEW SECTION:

If the Executive Board of the Legislative Research Council on behalf of the Legislature intervenes in an action described in section 2 of this Act and finds that the attorney general cannot adequately represent the interests of the Board, then, notwithstanding   1-11-5, the Board may obtain legal counsel other than the attorney general, with the cost of representation paid from funds appropriated for this purpose, to represent the Board.