Attorney General Jackley Releases Final Ballot Explanation on Proposal Requiring 60 Percent Approval for Constitutional Amendments and Revisions
PIERRE, S.D. – South Dakota Attorney General Marty Jackley has released the final ballot explanation for a Constitutional Amendment proposed by the State Legislature that would require any future proposed Constitutional Amendment or Revision receive an affirmative vote of at least 60 percent of the votes cast to be approved. The proposed amendment will be on the Nov. 3 general election ballot.
Attorney General Jackley takes no position on any such proposal for purposes of the ballot explanation. As required by law, he has provided a fair and neutral explanation on the initiated Constitutional Amendment to help assist the voters as required by state law. The sponsors of the proposed Constitutional Amendment were Rep. John Hughes and Sen. Sue Peterson which was approved by the 2025 South Dakota Legislature.
The Attorney General’s explanation was finalized after a review of all the comments received during the 10-day comment period on the Attorney General’s draft explanation. Two comments were received by the deadline.
Language for the final initiated ballot measure explanation can be found here.
For more information regarding ballot measures, please visit the Secretary of State’s website.
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60 percent of the body-elect is very meaningful. 60-percent of the body present is maybe a little less meaningful, as the impact will depend on low or high turnout at the polls. But since it’s less impactful, it won’t be radically different to meet 60 percent passage, than 50 percent plus one. It will spur more bad feelings on issues that lose on a 59.9 percent approval margin, for the simple majority that was denied a clear win. Do what feels best, in the past we have not hindered the power of a South Dakota citizen’s vote. That obviously has changed.
Sue Peterson. Once again you show us who you really are.
She wants to empower the legislature, not the people. And she only needs to win ONCE. Then it’s over. It would take fifty percent to pass this, but 60 percent to later remove it. Virtually impossible.
It’s the typical behavior of a politician who has been in office too long. They look out for themselves. Their efforts to deny citizen involvement should anger you. So, please vote no and show them that YOU are in charge.
Just remember… if they win once… it’s over.
There’s a difference between denying citizen involvement and constitutionally enshrining a simple majority vote. There is a reason the founders made amendments so difficult at a federal level.
What is the problem you are trying to solve? The citizens getting in your way? Is that it?
A state constitution can be changed relatively quickly. That is true. But if the voters think they made a mistake, that can be corrected quickly as well. Or the state Supreme Court can handle it.
Again and again, these power hungry legislators keep trying to make it harder for the public to engage in direct democracy.
It also gives constitutional protection to the passions of a rabid public. Look at the state of the American public generally and tell me you think that is a good idea. Republicans think dems are communists who hate America. Dems thinls republicans are facist and one step away from conducting Stalinesque purges. I want to pump the breaks on this insanity.
All that said, I share your distaste for Peterson.
A state constitution and the US Constitution are not even remotely comparable in terms of their impact on our democracy.
Are we just going to keep voting on this same issue every 2 years until the legislature gets its way?
These autocrats are out of control. We can only hope that the voters are awake enough to know that this is not in our best interest. Why do people think we need the government to control every action in our lives?
The SD Constitution should take 75% to change.
Go for it! That idea might get twenty percent of the vote.
Do you people know how hard the US Constitution is to change…the state constitution should be the same way.