Simplified: South Dakota voters this November will weigh in on everything from sales tax on groceries to abortion access to who can vote in the primary elections. Here's your simplified guide to the seven statewide ballot measures, where they came from, and what your vote will mean.
Why it matters
- The November ballot has four constitutional amendments – which, as you might guess, would change the state constitution if passed. Then, there are two initiated measures and one referred law.
- All of these are different ways to affect change in the state through direct democracy. The main difference is that amending the constitution has a higher bar to clear – i.e. twice as many signatures needed – than an initiated measure or a referred law.
Tell me more about the ballot measures
Ok, buckle up, there's a lot of them.
Constitutional Amendment E
What it's all about: Updating gender references in South Dakota's state constitution.
- For example, instead of "he shall be commander-in-chief of the armed forces of the state," the state constitution will instead read "The Governor shall be commander-in-chief of the armed forces of the state."
How it got on the ballot: Gov. Kristi Noem – the first female governor in the state – brought it to lawmakers attention that the state constitution wasn't reflective of a woman in leadership. The constitution cannot be changed without voter approval, and so lawmakers approved a joint resolution to add these changes to the November ballot.
A 'yes' vote means the constitution will be updated to reflect more gender-neutral language.
A 'no' vote means nothing changes, and the "he/him" pronouns remain in reference to a number of state leadership positions.
Constitutional Amendment F
What it's all about: Giving lawmakers the option to impose work requirements on certain people who receive Medicaid benefits.
How it got on the ballot: State lawmakers voted to include it on the ballot.
- A little context helps here. Voters in the state approved expanding Medicaid access in 2022. If approved, the amendment to the constitution would give the state the option to place work requirements on Medicaid recipients who fall into that expanded coverage – i.e. you have to have a job to get Medicaid benefits.
- The amendment doesn't automatically impose work requirements – rather, it opens the door for the state to do so in the future.
A 'yes' vote means lawmakers will have the option to impose work requirements on Medicaid recipients.
A 'no' vote means nothing changes and those eligible for Medicaid benefits will continue to receive them regardless of employment status.
Constitutional Amendment G
What it's all about: Establishing abortion access in the state constitution.
- Per the attorney general explanation, the amendment would mean a pregnant woman's decision to obtain an abortion may not be regulated in the first trimester. It would allow the state to place regulations on abortion in the second and third trimesters, except in cases where the abortion is needed to save the life or health of the pregnant woman.
How it got on the ballot: More than 55,000 South Dakotans – about 20,000 more than needed – signed petitions to get it on the ballot.
A 'yes' vote means the right to an abortion in the first trimester will become part of the state constitution.
A 'no' vote means nothing changes, and abortion remains illegal under state law.
Constitutional Amendment H
What it's all about: Switching up how South Dakota conducts primary elections by putting all candidates, regardless of party, on a single ballot. Then, the top two vote-getters would advance to the general election.
How it got on the ballot: South Dakota Open Primaries received more than 36,000 signatures to get this on the ballot.
A 'yes' vote means the state will switch to a top-two primary election.
A 'no' vote means nothing changes, and Republican primaries remain closed (i.e. you can only vote in Republican primaries if you're a registered Republican.)
Initiated Measure 28
What it's all about: Prohibiting the state from collecting sales tax on "anything sold for human consumption"– commonly referred to as a grocery tax.
How it got on the ballot: At least five percent of registered voters – or about 17,500 people – signed a petition to put this to a statewide vote.
A 'yes' vote means the state would no longer be able to collect sales tax on consumables – a term the state would still have to define more clearly.
- It's worth noting that individual cities/municipalities will still be able to tax groceries and other consumables.
A 'no' vote means nothing changes, and people will continue to pay sales tax on food.
Initiated Measure 29
What it's all about: Legalizing recreational use, possession and distribution of marijuana.
How it got on the ballot: At least five percent of registered voters – or about 17,500 people – signed a petition to put this to a statewide vote.
A 'yes' vote means anyone 21 or older will be allowed to possess, grow, ingest and distribute marijuana in the state. Marijuana remains illegal under federal law.
A 'no' vote means nothing changes. Recreational marijuana is currently illegal in South Dakota, though medical marijuana is legal in the state.
Referred Law 21
What it's all about: Regulating carbon dioxide pipelines.
- Lawmakers earlier this year passed a law that would place certain requirements on CO2 pipelines and to allow counties to tax the pipelines and use the proceeds for tax relief for residents.
How it got on the ballot: Lawmakers passed this into law, and then voters were like, "ope, hang on," and got enough signatures (5% of registered voters) to bring it to a statewide vote.
- Proponents say it's a common sense law that protects landowners. Opponents, though, argue that it doesn't do enough to protect landowners and instead is a win for the pipeline industry.
A 'yes' vote means the law stays as written and adopted by the 2024 legislature – that is to say, the pipeline requirements remain as written.
A 'no' vote rejects the measure passed by the legislature.
