Voter guide: 2024 statewide ballot measures

South Dakota Attorney General Marty J. Jackley spoke to a townhall on the seven statewide ballot measures.


South Dakota Attorney General Marty J. Jackley visited Watertown to speak to a townhall on the seven statewide ballot measures. (Photo by Kyle G. Horst, Watertown Current)

Before a scheduled candidate forum Oct. 1, Attorney General Marty J. Jackley visited Watertown to talk to attendees about the seven statewide ballot measures South Dakota residents will vote for Nov. 5.

Jackley, who spoke on the measures, attempted to do so in a non-partisan way explaining how a “yes” or “no” vote for each measure would affect the state and its citizens followed by taking questions from constituents.

The final day to register to vote in the Nov. 5 election is Oct. 21. Early voting began Sept. 20 and ends Nov. 4. Citizens can register to vote in person or by mail through your county auditor’s office, driver’s license office, city finance office, public assistance agencies, the Department of Human Services (if disabled), or a military recruitment office (if enlisted in the armed forces).

Constitutional Amendment E

Purpose: Amend the constitution to change male pronouns in the Constitution to gender-neutral terms or titles

How will this measure change the constitution: this amendment is designed to remove gender-specific language in the state constitution and replace it with gender-neutral language.

Voting “yes” would amend the constitution to use gender-neutral language. Voting “no” would leave it as is.

Constitutional Amendment F

Purpose: Amend the South Dakota Constitution to provide that the state “may impose a work requirement on any person … who has not been diagnosed as being physically or mentally disabled” for eligible individuals to receive Medicaid under the Medicaid expansion that took effect July 1, 2023.

What would this amendment do: this amendment would allow for the state Legislature to establish employment/work requirements for Medicaid-eligible individuals under the 2022 expansion, which expanded Medicaid to adults between 18-65-years-old with an income 138 percent below the poverty level. These requirements would only apply to those not deemed to be mentally incapacitated or physically disabled.

Voting “yes” supports the state imposing a work requirement on individuals in order to receive Medicaid. Voting “no” opposes the imposition of a Medicaid work requirement.

Constitutional Amendment G

Purpose: Guarantee the right to abortion procedures in the state constitution.

How would this amendment change abortion policy in South Dakota: Colloquially known as the “right to abortion initiative,” this amendment would provide for a state constitutional right to abortion within a trimester framework in which abortions are guaranteed during the first trimester, limited to “reasonably” protect the health of the mother during the second trimester, and are generally prohibited during the third trimester except when the mother’s life is in imminent danger accompanied by a physician’s recommendation.

Currently, abortions in the state are generally banned, except to save the life of the mother. There is also a 72-hour waiting period for the procedure starting when the woman first visits her provider. Parents/guardians must also be notified 48 hours before the procedure if the patient is a minor.

A ”yes” vote for this amendment would codify the right to abortion based on trimester as listed above. A “no” vote opposes any state law which guarantees a right to abortion and leaves the constitution as is.

Constitutional Amendment H

Purpose: To establish a singular general primary, instead of separate party primaries, in which the top two candidates by vote move onto the general election, regardless of party affiliation.

How will this affect elections: currently the state has a closed primary system where voters must affiliate themselves with a specific party ahead of time and can then only vote in that party’s primary. This method disenfranchises the roughly 155,000 independent voters in the state. Should this pass, closed primaries would go away, and be replaced with an open primary, which has all candidates from each party competing against each other on one ballot—the top two candidates from each race in the primary would then move onto the general election. The Legislative Research Council estimates that this method of voting would entice an additional 50,000 voters to turn out to the polls.

A “yes” vote would change the constitution by eliminating partisan primaries and create a single primary, in which the top two candidates by vote would proceed to the general election. A “no” vote would leave elections as they currently are.

Initiated Measure 28

Purpose: Prohibit state sales taxes on anything sold for human consumption, not including alcoholic beverages or prepared (heated, ready to eat) food.

How would this change taxes: Currently, there is a flat 4.2 percent state tax on groceries, with some municipalities—like Watertown—charging an extra 2 percent as allowed for by law, commonly called the “first penny” and “second penny” sales tax. Lawmakers and officials alike have decried this initiated measure as written because items for “human consumption” is not clearly or well defined. Parties on both sides of this issue have made strong arguments for why this should be passed or be passed over. On one side, this initiated measure is pro-consumer due to the fact that it will help consumers save precious dollars on their grocery bills and give consumers the same tax benefits as other states. On the other hand, by losing this tax, state, county and city budgets would lose a major source of funding, which will cause significant tax cuts across the board. For example, the City of Watertown is predicting a 10.4 percent shortfall in tax collections if this measure passes which would affect everything from public safety, to snow removal, to library programming, to parks and recreation activities.

A “yes” vote would eliminate the grocery tax on consumables. A vote “no” would leave the tax in place.

Initiated Measure 29

Purpose: To legalize the recreational or personal use of marijuana.

How this would change state law: While the use of marijuana is still illegal on a federal level, this initiated measure would legalize the recreational use of marijuana in the state (without necessitating a medical usage card). Individuals over 21 would be able to use, possess, and distribute marijuana and paraphernalia, and includes personal cultivation of up to 12 plants per household. The law would allow individuals to possess 2 ounces of the raw plant, 16 grams of liquid concentrates or 1,600 milligrams of THC infused products (such as gummies, candy or baked goods). The law would not allow for public usage of THC, usage in a vehicle, or anywhere that also prohibits tobacco usage. The law would also give no protections to workers who must pass a drug test as a condition of their employment. This is the third attempt to pass a recreational marijuana law in four years; Amendment A passed in 2020 by 54 percent, but was overturned in 2021 on a single-subject technicality rule. In 2022, recreational marijuana law Initiated Measure 28 was defeated by voters on a 47 percent to 53 percent margin.

A ”yes” vote would be to support the statewide legalization of recreational marijuana. A “no” vote would keep recreational usage of marijuana illegal.

Referred Law 21

Purpose: To uphold or repeal Senate Bill 201, a law that provides statutory requirements for regulating carbon dioxide pipelines and other transmission facilities, and allows counties to impose a surcharge on certain pipeline companies.

What this referendum entails: Referred Law 21 is a “veto referendum” on Senate Bill 201. A veto referendum is a citizen-initiated ballot measure that asks voters to uphold or repeal an enacted law. SB 201 would provide regulations for a proposed carbon pipeline by Summit Carbon Solutions. The pipeline would transport liquified carbon dioxide (CO2) from 57 ethanol plants in South Dakota and neighboring states to North Dakota, where the carbon dioxide would be stored underground. It would cross five states for more than 2,000 miles. On June 25, the Iowa Utilities Board approved the permit for the pipeline. For construction on the pipeline to begin, permits must be secured in North Dakota and South Dakota. This referendum has nothing to do with eminent domain, nor does it give eminent domain any additional latitude.

A ”yes” vote would allow SB 201 to become an active law and approve the permitting and taxation of $1 per foot for the CO2 pipeline. A “no” vote would be to reject the will of the legislature and send the pipeline permitting back to the drawing board.