Here’s what all those ballot numbers and letters are referring to for this fall’s election. A quick guide to what you’re going to see on the ballot.

Maybe it’s because I’ve been on the run lately, but I hadn’t really noticed a guide that simply states the constitutional amendments and ballot measures that will be on the ballot this fall in order by their assigned letters, so I created this one for the sake of my own knowledge:

AMENDMENT E – An amendment to the Constitution of the State of South Dakota, updating references to certain officeholders and persons. (Updating Constitutional language to include women)

AG’s Explanation: The South Dakota Constitution became effective upon the State joining the United States in 1889. The generic male pronouns he, his, and him are used in the text of the state constitution to reference certain officeholders or individuals. This amendment changes the text of the State Constitution to remove the use of generic male pronouns when referencing certain officeholders or individuals. For example, when referencing the Governor, instead of saying “he shall be commander-in-chief of the armed forces of the state,” the text will be changed to read ‘the Governor shall be commander-in-chief of the armed forces of the state.” The amendment makes similar changes to other references to the Governor, as well as to references to other officeholders including Lieutenant Governor, supreme court Justices, and circuit court Judges. The amendment also makes similar changes to references in the Constitution to general classes of people such as persons, electors, and public officers.

AMENDMENT F – An amendment to the Constitution of the State of South Dakota, authorizing the state to impose work requirements on certain individuals who are eligible for expanded Medicaid. (self-explanatory, allowing work requirements to be imposed)

AG’s Explanation: The Medicaid program is funded by the State and the federal government to provide medical coverage for certain low-income people who qualify for the program. ln 2022, the voters approved a Constitutional provision that expanded Medicaid eligibility for any person over age 18 and under 65 whose income is at or below 133% of the federal poverty level, plus 5% of the federal poverty level for the applicable family size. This constitutional amendment authorizes the State to impose work requirements on any person eligible to receive benefits under the expanded Medicaid program, except for those persons who are physically or mentally disabled. The amendment does not identify any specific work requirement that may be imposed on those receiving expanded Medicaid benefits. Any work requirement proposed by the State must be approved by the federal government prior to implementation.

AMENDMENT G – An Amendment Establishing a Right to Abortion in the State Constitution. (self – explanatory)

AG’s Explanation: This initiated amendment establishes a constitutional right to an abortion and provides a legal framework for the regulation of abortion. This framework would override existing laws and regulations concerning abortion. The amendment establishes that during the first trimester a pregnant woman’s decision to obtain an abortion may not be regulated nor may regulations be imposed on the carrying out of an abortion. In the second trimester, the amendment allows the regulation of a pregnant woman’s abortion decision, and the regulation of carrying out an abortion. Any regulation of a pregnant woman’s abortion decision, or of an abortion, during the second trimester must be reasonably related to the physical health of the pregnant woman. In the third trimester, the amendment allows the regulation or prohibition of abortion except in those cases where the abortion is necessary to preserve the life or health of the pregnant woman. Whether an abortion is necessary during the third trimester must be determined by the pregnant woman’s physician according to the physician’s medical judgment. Judicial clarilication of the amendment may be necessary. The Legislature cannot alter the provisions of a constitutional amendment.

AMENDMENT H – An amendment to the South Dakota Constitution Establishing Top-Two Primary Elections. (Jungle Primary Measure)

AG’s Explanation: Currently, to appear on the general election ballot, major party candidates for the following offices must participate in a partisan primary election: Governor, State Legislature, U.S. Senate and House of Representatives, and elected county offices. Only members of the candidate’s party may vote for that candidate unless that party has opened the primary to voters not affiliated with the party. Minor party candidates may be chosen by primary or party convention. Unaffiliated candidates (independents) are only required to file nominating petitions to appear on the general election ballot. For the listed offices, this amendment requires one primary election wherein all candidates run against each other in their respective races, including major and minor party and unaffiliated candidates. A candidate may list any party next to their name on the ballot regardless of party affiliation or registration. All voters may vote for any candidate. The two candidates receiving the most votes advance to the general election. If there is more than one candidate to be elected to an office, the number of candidates advancing to the general election is twice the number to be elected. Primary elections may be held for other offices. The amendment may be challenged on constitutional grounds.

INITIATED MEASURE 28 – An Initiated Measure Prohibiting Taxes on Anything Sold for Human Consumption. (Removal of Food Tax)

AG’s Explanation: Currently, the State collects tax on the sale or use of certain goods, including foods and drinks. Many municipalities also collect these taxes. This initiated measure prohibits the State from collecting sales or use tax on anything sold for human consumption. The measure eliminates these sources of revenue for the State. Human consumption is not defined by state law. However, its common definition includes more than foods and drinks. The measure does not prohibit the collection of sales or use tax on alcoholic beverages or prepared food. Prepared food is defined by law to include food that is sold heated or with utensils. The measure may affect the State’s obligations under the tobacco master settlement agreement and the streamlined sales tax agreement. The master settlement agreement resulted from multi-state lawsuits against cigarette manufacturers for the public health effects of smoking. South Dakota’s annual share of the master settlement agreement is approximately $20 million. The streamlined sales tax agreement is a multistate program designed to simplify the collection of sales and use tax for companies selling in multiple jurisdictions. Judicial or legislative clarification of the measure will be necessary.

INITIATED MEASURE 29 – An Initiated Measure Legalizing the Recreational Use, Possession, and Distribution of Marijuana. (self – explanatory)

AG’s Explanation: This initiated measure allows individuals 21 years of age or older to possess, grow, ingest, and distribute marijuana or marijuana paraphernalia. Individuals may possess up to two ounces of marijuana in a form other than marijuana concentrate or other marduana products. Individuals may possess up to six marijuana plants with no more than twelve plants per household. The measure also places limits on the possession of other forms of marijuana and marijuana products. Under the measure, the possession, ingestion, and distribution of marijuana and marijuana paraphernalia remains illegal for individuals under the age of 21. Driving under the influence of marijuana remains illegal. The measure restricts where individuals may possess or conslrme marijuana, such as schools or where tobacco is prohibited. The measure allows employers to restrict an employee’s use of marijuana. Property owners may also regulate the use of marijuana on their property. The measure does not affect State laws dealing with hemp. It also does not change laws concerning the State’s medical marijuana program. The measure legalizes marijuana-derived substances considered felony controlled substances under State law. Marijuana remains illegal under federal law. Judicial or legislative clarification of this measure may be necessary

Have you figured out your votes yet?