FOR IMMEDIATE RELEASE: Monday, Feb.27, 2023

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has released a draft ballot explanation for a proposed Constitutional Amendment regarding top-two primary elections.

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. 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.

The proposed amendment would allow top-two primary elections, regardless of political party, for Governor, legislative office, county office, United States Senator, and United States Representative. The two top vote getters in each primary would advance to the general election.

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. Attorney General Jackley’s draft explanation on this proposed amendment can found here.

Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The deadline for comments on this amendment explanation is March 9, 2023, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on March 29, 2023.

The draft amendment would require 35,017 valid petition signatures to qualify for the 2024 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 March 9, 2023. 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 March 9, 2023.  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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