Draft Ballot Explanations
What are Ballot Explanations
State law requires the Attorney General to 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. See SDCL 12-13-9 & 12-13-25.1.
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. SDCL 12-13-9 & 12-13-25.1. Each explanation is limited to 200 words.
The public can comment on draft Attorney General explanations. Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The Attorney General must review all accepted comments and may revise the draft explanation as deemed necessary. The final explanation from the Attorney General must be filed with the Secretary of State no later than 20 days after filing the draft explanation.
For more information regarding ballot measures, please visit the Secretary of State's website
State law may be reviewed by visiting the Legislative Research Council webpage.
How to File Comments
To file written comments on a draft Attorney General's explanation please use one of the following methods. Copies of all received comments will be posted on this website.
Hand delivery or mail:
Comments may be submitted via mail, or through hand delivery, to the Attorney General's Office at the following address:
Office of the Attorney General
1302 E. Hwy. 14, Suite 1
Pierre, SD 57501
Comments that are hand delivered must be received by the close of business on the day the deadline to accept comments expires. Comments that are mailed must be received by the Attorney General's Office before the deadline to accept comments expires.
Email submission:
Comments may also be emailed to atgballotcomments@state.sd.us. Emailed comments must be received by the Attorney General's Office before the deadline to accept comments expires. Your 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.
This email address is only monitored for the receipt of ballot explanation comments. To submit other information to the Attorney General's Office that is not related to a pending investigation or lawsuit please see "Contact Us" at the bottom of this page or call 605-773-3215.
Proposed Measures and Draft Statements
General Title or name of Measure | Sponsors Name | LRC Letter/Date Received | Final Language Submitted by Sponsor to ATG and Date Received | ATG Draft Statement/date posted | Comments |
---|---|---|---|---|---|
Proposed Constitutional Amendment re: Vaccine or Medication Mandates | Arthur Taylor | LRC Review: April 20, 2022 | |||
Proposed Constitutional Amendment re: Elections | Arthur Taylor | LRC Review: April 20, 2022 | |||
Proposed Constitutaional Amendment re: Reserve Certain Parental Rights | Arthur Taylor | LRC Review: April 20, 2022 | |||
Initiated Measure Concerning Legalization of Recreational Marijuana | Matthew Schweich | LRC Review: December 21, 2022 | June 14, 2023 | August 11, 2023 |
August 11 - 14, 2023; August 14 - 15, 2023; August 17, 2023; August 20 - 21, 2023 |
Iniated Measure repeals SDCL ch. 34-20G, Medical Cannabis | Travis Ismay | LRC Review: May 10, 2023 | |||
Initiated Measure will not allow legalization of federally band (sic) substances on our ballot | Travis Ismay | LRC Review: May 10, 2023 | |||
Initiated Measure to Legalize the Adult Use and Sale of Marijuana | Emmett Reistroffer | LRC Review August 24, 2023 | September 19, 2023 |