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Attorney General Marty Jackley

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

FOR IMMEDIATE RELEASE: Tuesday, July 11, 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 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This proposed constitutional amendment states that a ballot measure approved by the voters may not be amended or repealed by the Legislature for seven years from the date the measure is enacted.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 final ballot explanation can be found here.  

If the required 35,017 valid signatures are gathered and approved by the South Dakota Secretary of State’s Office, the proposed 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 two 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. 

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