Christensen v. Carson

The proposed ordinance is within the proper scope of the initiative power.

South Dakota Constitution, art. Ill, § 1 provides to the people the right to refer legislative acts to a public vote. Municipalities are specifically subject to initiative and referendum. Id. South Dakota was the first state to reserve legislative powers to its citizens by initiative and referendum. Wyatt v. Kundert, 375 N.W.2d 186, 192 (S.D.1985). “Initiative is the constitutional reservation of power in the people to propose bills and laws and to enact or reject them at the polls independent of the legislative…