Draft Explanations Released For Proposed 2026 Initiated Measure on Prayer in Schools
PIERRE, S.D. –At the request of the sponsor, an explanation for a proposed initiated measure that would require non-denominational prayer in public schools, which would be on the 2026 general election ballot if approved, has been submitted for public review by the South Dakota Attorney General’s Office.
Attorney General Marty Jackley takes no position on any such proposal for purposes of the ballot explanation. He has provided a fair and neutral explanation on the initiated measure to help assist the voters. The sponsor of the proposed initiated measure is Hillel Hellinger of North Miami Beach, Fla.
This proposed initiated measure would require each public-school teacher, in grades kindergarten through 12, to lead students every morning in prayer. The measure would allow both teachers and students to seek an exemption from participating in the prayer.
The ballot explanation can be found here.
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 Aug. 20, 2024, and the deadline for comments on this explanation is Aug. 30, 2024 at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on Sept. 9, 2024.
The initiated measure would require 17,509 valid petition signatures to qualify for the 2026 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 Aug. 30, 2024.
Comments may also be emailed to [email protected] by Aug. 30, 2024. 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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If this passes, I can’t wait to force them to do Islamic prayer or even prayers to Satan. Its going to be fun cashing in on the lawsuits because of a bunch of religious nutbags.
Wow! No need to get triggered. Under this proposal, absolutely NO ONE is forced to say any Prayer, or participate in any Prayers. No one is FORCING anyone to do anything. You can still pray to Satan and draw your Pentagrams around the firepit, but unfortunately for you, it remains illegal to sacrifice your children to Baal.
Just to be fair, and as your post reflects, there are many Nonreligious nutbags as well.
Must the children of witches be forced to listen to those weak-minded children who oath up with Overgodders? Keep your god out of my public schools or I will put my government in your church.
It forces teachers to lead it you moron.
it forces the teachers
I think it’s fun that teachers and students can opt out for religious reasons, but absolutely no mention of separation of church and state reasons. South Dakota.
I don’t see any Ice Jötun wandering around, if they don’t have a prayer of thanks to Odin there will be consequences!
Let the children pray.
No force.
Let.
Witchery chants might be ok, some harmless chants is all I’m saying. But we shall smite the Overgodders with pretzels and replica Books of Shadows. My good friend Bill is on board with my adjustments.
More out of state interference.
Usually when this happens where one religion is continually forced upon citizens being the Christian version of Iran or Saudi Arabia there is a rapid growth in alternate religions. Wiccans and Satanists will look forward to this to challenge and for growth.
Ha! No. Jackley’s explanation may as well have said “will be challenged in court”.
Also, why is some nobody-busy-body from Florida injecting themselves into how our schools are run? Don’t they have more important things to worry about, like not being able to insure their homes due to insurance companies running from their armpit of a state?
South Dakota has long been a “test” state where corporations try out crazy legislation because it’s easier to pass here than most other states – due to the ineptitude of our legislature and the in-bred corruption. You can bet that many South Dakota lobbyists, attorneys and hang-arounds are bilking the Florida Man to the greatest extent possible.
Would require, eh? Yeah, we’re not big on that sort of crap here in South Dakota.
That’s a weak AG explanation. 12-23-25.1 says “The attorney general shall include a description of the legal consequences of the proposed initiated measure or initiated amendment to the Constitution, including the likely exposure of the state to liability if the proposed initiated measure or initiated amendment to the Constitution is adopted.” He needs to say that it plainly violates the First Amendment under current precedent and it likely exposes the state to liability, including attorney fees, if it is enacted.
Unfortunately South Dakota when it gets sued and loses the Christian Nationalist from Florida will not be paying the legal expenses. It will be South Dakota taxpayers and the taxpayers of the states that subsidize South Dakota since our state is a chronic welfare state.
These ideas are being backtracked across the country because it allows other regions, which isn’t the intent. Consider the Satan statue in the Iowa state capital. Sounds like a great idea until you Karen’s see the antagonist in your story gets a prayer too.
As long as there are pop quizzes and tests, there will be prayer in school.
I am totally in favor of kids praying in school – on their own time – without interference or leadership of faculty or staff.
A group of players want to have a prayer in a locker room before a game – without the coach – go for it. They want to have a prayer after the game? Again, without the coach this is fine.
My problem is when an authority figure is leading or participating. A student run prayer group that meets after school (with a faculty or staff member there to make sure that nobody breaks anything but not participating) – totally cool.
As soon as we have a person in power leading the prayer we are moving from a voluntary activity to one that begins to smack of coercion. I don’t what religious belief system it is – when we allow any of them to be pushed by the people in power we have a system that is ripe for abuse. And abuse WILL happen
As far as people saying that this prayer is voluntary –
A second grader can be told that he doesn’t have to participate, but they are going to be thinking “Ms. Johnson or Mr. Lee won’t like me if I don’t pray like the other kids.” They don’t have the knowledge, experience, or self awareness to know what it is they think, feel, or believe. As parents (or uncles/aunts/cousins/whatever) we teach kids that they should listen to their teachers and that what the teacher tells them is true. They don’t have the maturity to understand it when we say “Believe your teacher, except on this one thing.” Voluntary participation is fine for adults. For children who, by law, lack the maturity to be fully responsible, that’s just a cop out answer.
Looks like ol Hellinger is also terrified of condoms. What a piece of work.
https://law.justia.com/cases/federal/district-courts/FSupp2/67/1359/2375593/
I could easily see the Doeden D1 and 3 Team and local activists get all behind this and push for it! Immediately after Sunday church services with their version of “Traditional Family Values” The family including minors heads over to Legend’s to play video lottery, free beer, purchase snacks, sandwiches, sample new tobacco, vape products, synthetic intoxicants and spend the rest of the day there. If Rec Marijuana passes Doeden would not surprisingly add that to his one stop shop for addictive substances and activities.
1. Requires teachers
2. Public Schools
3.Requires students
4. Repeat each phrase
5. Seek an exemption in writing (by a kindergarten student?)
6. School Principal is deciding factor\
“Our Freedom is a gift from God that no government can take away,” said Governor Kristi Noem. “I believe that South Dakota is the Freest state in America, but we thank the Cato Institute for recognizing the work we’ve done to advance Freedom. And I am proud that our kids and grandkids will inherit a state that respects their rights and liberties.”
We should get the LRC to calculate the amount of wages (and thus, tax money) lost due to shuffling the exception kids and faculty out of the room to do the prayer and then shuffling them back in. And calculate which other thing will have to be cut in order to fit in this prayer.
It may not be one prayer but several that demand to have theirs too from different religions. Hindu and plenty of others. An Atheist should have an opportunity too.
The problem is that religious extremists don’t care about costs to taxpayers unless they are directly affected.
Not true. The prayer is pre-defined in the proposal and does not mention any certain god. I was hoping for a devotional to Flying Spaghetti Monster myself.
Thinking beyond this particular issue — in general, I don’t think out of staters should be able to propose ballot measures for South Dakota. If they really are connected to and care about South Dakota, they could find a South Dakotan to propose whatever they care so much about. I don’t see any reason why South Dakota taxpayer dollars should be spent to have votes on things people who aren’t in South Dakota want us to vote on.