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Attorney General Marty Jackley

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Draft Explanations Released For State Constitutional Amendments Proposed by South Dakota Legislature

FOR IMMEDIATE RELEASE: Friday, April 26, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota legislators adopted two potential constitutional amendments during the last two legislative sessions. Explanations for those two proposed constitutional amendments now have 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 proposed constitutional amendments to help assist the voters. 

Senate Joint Resolution 501, if approved, would authorize the state to impose a work requirement on individuals who are eligible for expanded Medicaid benefits. https://atg.sd.gov/docs/April%2026,%202024Consti.%20Ballot%20Ini.%20Measure%20501.pdf

Senate Joint Resolution 505, if approved, would update the text of the State Constitution regarding gender references for certain office holders and persons. https://atg.sd.gov/docs/April%2026%202024Consti.%20Ballot%20Ini.%20Measure%20505.pdf

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 April 26 and the deadline for comments on this explanation is May 7 at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on May 26, 2024.

The initiated measure would require 17,509 valid petition signatures to qualify for this November’s 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 the Attorney General’s 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 May 7. 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 ATGballotcomments@state.sd.us by May 7. 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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