An Act to establish the legal standing of the Legislature to bring suit and be a necessary party in actions involving election law violations by public officials.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That chapter 12-26 be amended with a NEW SECTION:
The Legislature shall have legal standing to bring suit against the secretary of state, the Governor, a state agency or department, or any state, county, or local election official who makes or attempts to make an unauthorized change to the election law or regulation of the state or waives or attempts to waive election law or regulation.
The speaker of the House of Representatives and the president pro tempore of the Senate, by and through counsel of their choice, including private counsel, may jointly bring suit under this section and shall bring suit at the request of a majority of the members-elect of both chambers.
The Legislature is a necessary party in a lawsuit against the secretary of state, the Governor, a state agency or department, or a state, county, or local election official who makes or attempts to make an unauthorized change to the election law or regulation of the state or attempts to waive election law or regulation.