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An Overview of South Dakota Elections

South Dakota has a near record number of ballot propositions this year: seven in total. There are four constitutional amendments, two initiated measures and a referred law. 

Spanning three pages, some voters may feel fatigued after reading every question and unsure how to vote. Here is the rundown of each issue.

A constitutional amendment changes the South Dakota Constitution permanently. The legislature cannot undo a constitutional amendment, but voters may vote to undo an amendment in future years. They require 50% of the vote to pass and are put on the ballot either by gathering signatures or referral of the legislature.

Constitutional Amendment E would change the text of the South Dakota Constitution to gender-neutral language. This amendment was referred to the voters by the legislature last year.

Constitutional Amendment F would authorize the state to impose a work requirement on individuals that qualify for expanded Medicare benefits. This was referred to by the legislature during this year’s legislative session.

Constitutional Amendment G would add the right to an abortion into the constitution. The state may not regulate abortions during the first trimester of pregnancy. Abortions during the second trimester would need to be reasonably related to the physical health of the pregnant woman, and third trimester abortions would be allowed to preserve the life of a pregnant woman.

We encourage voters to read the full text of the amendment and the attorney general explanation for greater clarification.

Constitutional Amendment H would establish a top-two primary system, whereby voters of any political party could vote for any candidate. Currently, one must be a member of a political party in order to vote in that party’s primary election.

An initiated measure does not amend the state constitution but rather codified law. 

Initiated Measure 28 would prohibit the state from imposing a sales tax on goods that can be consumed by humans (alcohol and prepared food excluded). The estimated fiscal impact is estimated to be a reduction in revenue of $123.9 million annually if passed.

Initiated Measure 29 would legalize recreational use and possession of marijuana. IM 29 does not decriminalize the sale of marijuana, thus not adding revenue to the state budget. However, the average county could see a decrease in incarceration expenses of over $500,000 annually if passed.

A referred law is a citizen referendum on a bill that the legislature has already passed. A yes vote allows the legislature’s decision to become law, and a no vote prevents such action.

Referred Law 21 sets requirements for regulating carbon dioxide pipelines across the state. The law requires operators of carbon dioxide pipelines to provide annual payment to landowners who have a pipeline across their property, and allows counties to impose surcharges on the pipelines. Referred Law 21 also preempts counties from imposing stricter setback requirements than the Public Utilities Commission.

Depending on your county, there may be local elections such as county commissioners. South Dakota voters will also vote for state representatives and state senators, as well as for United States Representative and retention of a Supreme Court justice.

Sample ballots may be viewed by visiting vip.sdsos.gov.