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Attorney General Marty Jackley

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Attorney General Jackley Releases Final Explanations for Proposed “Top Two Primary” Constitutional Amendment

FOR IMMEDIATE RELEASE: Monday, March 20, 2023

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has released the final ballot explanation for a proposed constitutional amendment regarding top two primary elections.

Language for the constitutional amendment can be found here. The constitutional amendment will be placed on the 2024 general ballot. A majority of the votes cast in the general election will be needed to pass the measure.

The Attorney General’s explanation was drafted after a review of all the comments received during the proposed amendment’s 10-day comment period. A total of 29 comments were received.

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 must remain neutral when drafting explanations for all such proposed measures.

Joe Kirby of Sioux Falls was the prime sponsor of the proposed amendment.

For more information regarding ballot measures, please visit the Secretary of State’s website.