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Attorney General Marty Jackley

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Attorney General Jackley Releases Draft Explanation For Proposed Constitutional Amendment On Amending, Repealing Ballot Measures

FOR IMMEDIATE RELEASE: Wednesday, June 28, 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 that would prohibit the State Legislature from amending or repealing ballot measures for seven years. The measure is proposed by Brian Bengs of Aberdeen.

The Attorney General takes no position on any such proposal. He has provided a fair and neutral explanation on the proposed constitutional amendment to help assist the voters.

This proposed constitutional amendment states that a ballot measure approved by the voters may not be amended or repealed by the Legislature for seven years from the date the measure is enacted. The ballot explanation can be found here.

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 today (Wednesday, June 28), and the deadline for comments on this explanation is July 8, 2023, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on July 18, 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 July 18, 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 by July 18, 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.