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Attorney General Marty Jackley

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Attorney General Jackley Releases Draft Explanations for Proposed Constitutional Amendment and Initiated Measure

FOR IMMEDIATE RELEASE: Tuesday, Feb. 7, 2023

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has released draft ballot explanations for a proposed Constitutional Amendment and a proposed Initiated Measure, both entitled: Prohibiting Taxes On Anything Sold for Human Consumption. 

Both draft explanations can be found on the Draft Ballot Explanations page on the Attorney General’s website. The proposed Constitutional Amendment can be found here. The proposed Initiated Measure can be found here.

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.

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.  The deadline for comments on this amendment explanation is Feb. 17, 2023, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on Feb. 27, 2023.

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

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, on the day the time to accept comments expires.  Comments that are mailed must be received by the Attorney General’s Office before the deadline expires to accept comments.  Comments may also be emailed to  Emailed comments must be received by the Attorney General’s Office before the deadline expires to accept comments.  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.