Attorney General Jackley Releases Draft Explanation For Proposed Constitutional Amendment On Amending, Repealing Ballot Measures

Attorney General Jackley Releases Draft Explanation For Proposed Constitutional Amendment On Amending, Repealing Ballot Measures

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has released a draft ballot explanation for a proposed constitutional amendment that would prohibit the State Legislature from amending or repealing ballot measures for seven years. The measure is proposed by Brian Bengs of Aberdeen.

The Attorney General takes no position on any such proposal. He has provided a fair and neutral explanation on the proposed constitutional amendment to help assist the voters.

This proposed constitutional amendment states that a ballot measure approved by the voters may not be amended or repealed by the Legislature for seven years from the date the measure is enacted. The ballot explanation can be found here.

Ltr. MJJ to Johnson Const Amend Prohibit Legis Repeal or Change Initiated Measure. Darft 6.28.2023 by Pat Powers on Scribd

State law requires the Attorney General draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. The Attorney General’s explanation is meant to be an “objective, clear, and simple summary” intended to “educate the voters of the purpose and effect of the proposed” measure, as well as identify the “legal consequences” of each measure.

Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The explanation was filed today (Wednesday, June 28), and the deadline for comments on this explanation is July 8, 2023, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on July 18, 2023.

The draft amendment would require 35,017 valid petition signatures to qualify for the 2024 general election ballot.

To file written comments on a draft Attorney General’s explanation please use one of the following methods below. Copies of all received comments will be posted on this website.

Comments may be submitted via mail, or through hand delivery, to the Attorney General’s Office at:

Office of the Attorney General
Ballot Comment
1302 E. Hwy. 14, Suite 1
Pierre, SD 57501

Comments that are hand delivered must be received by the close of business in Pierre, South Dakota, by July 18, 2023. Comments that are mailed must be received by the Attorney General’s Office before the deadline expires to be accepted.

Comments may also be emailed to [email protected] by July 18, 2023. Comments should be clearly expressed in the body of the email. The Attorney General’s Office will not open attachments in an effort to prevent malware or other digital threats. Please include your name and contact information when submitting your comment. The title of the comment must be included in the subject line of the email.

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5 thoughts on “Attorney General Jackley Releases Draft Explanation For Proposed Constitutional Amendment On Amending, Repealing Ballot Measures”

  1. This might actually be a good idea. Most initiated measures are crap and full of unintended consequences, and if the voters find it necessary to repeal something they voted for, because they don’t want to wait seven years for the legislature to save them from their own foolishness, they might figure put they need to read those things before they vote for them.

    To get the ball rolling, we should have an initiated measure making No Mow May mandatory because it’s so good for the pollinators. Nobody will be allowed to cut grass during the month of May. They’ll find out about the ticks and mosquitoes later..

  2. Dumb. As. Hell.

    Nice contribution from Brian Bengs.

    This is the kind of stupidity we get from Democrats who cannot win their battles in Pierre, so they also issues on the ballot and get them passed in that arena. “Direct democracy!” they say. And then they wallow in the mess they’ve created until the courts declare their crap unconditional and somebody else fixes it.

    How about the commercials we’re seeing these days that ask, “Lost your South Dakota Medicaid?” The Democrats just convinced everybody seven months ago that Medicaid expansion would be our salvation.

    Long-story-short…Dumb. As. Hell. If Mr. Bengs wants to try to make a difference, maybe he should run for office.

  3. Clowns. You want to get sued, this is a good way to start.

    Ripe for a legal challenge.

    1. As long as the integrity of our elections is in question (after yesterday boy howdy), this type of thing can get us into the ditch even further.

      If it passes or fails, it doesn’t much matter.

      If the ballot boxes don’t ring true, an illegitimate government takeover can happen through either vector.

      I’ll not be voting to hobble the legislature.

      I’m working for election integrity ATM.

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