South Dakota Constitutional Amendment C, 60% Vote Requirement for Ballot Measures Increasing Taxes or Appropriating $10 Million Measure (June 2022)

South Dakota Constitutional Amendment C
Election date June 7, 2022
Topic Supermajority requirements and Direct democracy measures
Status d Defeated
Type Constitutional amendment	Origin State legislature

South Dakota Constitutional Amendment C, the 60% Vote Requirement for Ballot Measures Increasing Taxes or Appropriating $10 Million Amendment, was on the ballot in South Dakota as a legislatively referred constitutional amendment on June 7, 2022. It was defeated.

A "yes" vote supported requiring a three-fifths (60%) supermajority vote for the approval of ballot measures placed on the ballot through citizen initiative or referred to the ballot by the state legislature that increase taxes or fees or that would require the state to appropriate $10 million or more in the first five fiscal years.

A "no" vote opposed requiring a three-fifths (60%) supermajority vote for the approval of ballot measures that increase taxes or fees or that would require the state to appropriate $10 million or more in the first five fiscal years, thereby continuing to allow such measures to be adopted by a simple majority vote.

Election results

South Dakota Constitutional Amendment C
Result		Votes	Percentage
Yes		59,125	32.57%
No		122,417	67.43%

Results are officially certified.

Source

Overview

What would Amendment C have changed?

See also: Text of measure and constitutional changes

The measure would have required a three-fifths (60%) supermajority vote for the approval of ballot measures that would increase taxes or fees or that would require the state to appropriate $10 million or more in the first five fiscal years. The requirement would have applied to constitutional amendments and state statutes that are placed on the ballot through citizen initiative or that are referred to the ballot by the state legislature. As of 2021, ballot measures in South Dakota required a simple majority vote (50%+1) to be adopted.

How would have Amendment C impacted other ballot measures in South Dakota?

Any ballot measure that would have increased taxes or fees or that would have required the state to appropriate $10 million or more in the first five fiscal years would have required a three-fifths (60%) supermajority vote from voters rather than a simple majority (50%+1) vote. The higher threshold of votes required would have impacted future ballot measures, including the Medicaid expansion initiative, which was on the November 2022 ballot in South Dakota.

What did supporters say about Amendment C?

See also: Support

Supporters of Amendment C argued that the voting threshold should be raised from a simple majority (50%+1) to a three-fifths supermajority (60%), because the Legislature already has a higher threshold to pass legislation relating to tax dollars. Supporters, such as the bill sponsor, Rep. Jon Hansen (R), argued that "it should be a little more difficult to raise your taxes and spend your money", and that "we should keep taxes low and keep our government from growing out of control".. Americans for Prosperity, the largest donor to the South Dakotans Against Higher Taxes campaign, which led this ballot measure, stated that "Amendment C will preserve the limited role of government in South Dakota", and that the measure "will protect South Dakota from tax-and-spend groups who want to use the ballot process to bypass the elected legislature."

What did opponents say about Amendment C?

See also: Opposition

Some opponents of Amendment C argued that the passage of Amendment C would have taken away majority rule, arguing that while new spending in the Legislature requires a 60% vote, the state's budget is approved by a simple majority. Brendan Johnson, an attorney for South Dakotans for Fair Elections, the campaign that led the opposition against Amendment C, argued that the passage of Amendment C would change South Dakota's legacy of ballot initiatives. “This is our right that we’ve had, as South Dakotans, since the beginning of our state’s history," Johnson stated to the Yankton Daily, "For the first time, we have a Legislature that wants to take it away from the people of South Dakota so badly that they’re putting it on a June primary ballot when they know that the smallest percentage of South Dakota voters will come out to vote.”

Health organizations, like Sanford Health, argued that Amendment C would have thwarted efforts to expand healthcare. "Medicaid Expansion, for example, is on the general election ballot this November to expand access to care and it would be at significant risk. Requiring a 60% vote to pass a citizen-backed initiative limits the power of South Dakota voters by creating such a high bar," the organization stated, according to Keloland Media Group.

How did this measure get on the ballot?

See also: Path to the ballot

This amendment was introduced as House Joint Resolution 5003 by Republican Speaker Pro Tempore Jon Hansen on February 2, 2021. The measure was passed in the House on February 16, 2021, in a vote of 56-12. The original resolution as passed by the House was set to be presented to voters at the November 2022 election date. Senate president pro tempore Lee Schoenbeck (R) amended the resolution to place the question on the June 2022 primary ballot rather than the November general election ballot. The Senate passed the amended bill on March 2, 2021, by a vote of 18-17. The House concurred with the Senate's amendments and gave final approval to the amended resolution on March 4, 2021, by a vote of 51-17. All Democratic legislators voted against the bill while the votes of Republican legislators were split.

The original bill passed by a vote of 80% in the House. The amended version of the bill containing the June primary election date was passed in the House by a vote of 73%. Seven Republican Representatives were in favor of the question appearing on the November ballot and later voted against the amended bill containing the June primary election date.

What was the conflict surrounding the election date?

Senator Lee Schoenbeck (R) said he was motivated to place the question on the June ballot rather than the November ballot because of the Medicaid expansion initiative sponsored by Dakotans for Health targeting the November 2022 ballot. If the constitutional amendment would have been approved in June, it would have applied to November 2022 ballot measures that increased taxes or appropriated $10 million or more.

Dakotans for Health filed a referendum petition in an attempt to require the constitutional amendment to appear on the November general election ballot rather than the June primary ballot. Secretary of State Steve Barnett rejected the petition after finding that the constitutional amendment resolution was not subject to referendum petitions. Dakotans for Health filed a complaint with the South Dakota Supreme Court seeking to require Barnett to approve the petition for circulation. Dakotans for Health co-founder Rick Weiland said, "This is another assault by a one-party-dominated state legislature with no checks and balances, to thwart the will of the voters and intentionally stop our grassroots effort. Placing a constitutional amendment on a primary ballot when only a third of registered voters cast ballots, that would require Medicaid expansion to pass in the general election by 60%, is nothing more than a cynical attempt to take from South Dakotans their traditional right to enact measures such as Medicaid expansion by a simple majority."

Do other states require supermajority voter approval for certain ballot measures?

See also: Background

Florida requires a two-thirds (66.67%) vote for the approval of constitutional amendments creating a new tax or fee. The requirement was implemented through voter approval of Amendment 5 of 2018. Washington requires a three-fifths (60%) supermajority vote of approval from all voters casting a ballot on initiatives or referendums related to gambling while other initiated measures require a simple majority vote of approval to be enacted. Utah requires a two-thirds (66.67%) supermajority vote for the approval of any initiatives concerning the taking of wildlife.

Constitutional amendments require approval by voters in a statewide election to become a part of the state's constitution in all states except in Delaware. In 11 states, voters must approve a proposed constitutional amendment by more than a simple majority or by some rule that combines different criteria. As of 2021, South Dakota was one of 38 states that required a simple majority vote (50%+1) for a proposed constitutional amendment to be adopted.

Text of measure

Ballot title

The ballot title was as follows:

“

A Constitutional Amendment Requiring Three-Fifths Vote for Approval of Ballot Measures Imposing Taxes or Fees or Obligating over $10 Million.

”

Ballot summary

The ballot summary was as follows:

“

Currently the constitution requires that any new tax or tax increase must be approved either by voters or by two-thirds of the members of each legislative branch. To be approved by voters, such a measure must obtain a majority of the votes cast. This constitutional amendment requires that any initiated measure, proposed constitutional amendment, or referred measure imposing or increasing taxes must obtain three-fifths of the votes cast to be approved. This constitutional amendment also adds the requirement that any initiated measure, proposed constitutional amendment, or referred measure obligating the state to appropriate $10 million or more in any of the first five fiscal years must obtain three-fifths of the votes cast to be approved. This constitutional amendment additionally requires any initiated measure, proposed constitutional amendment, or referred measure which imposes or increases fees to obtain three-fifths of the votes cast to be approved.

”

Constitutional changes

See also: Article XI, South Dakota Constitution

The ballot measure would have added a new section, Section 16, to Article XI of the South Dakota Constitution. The following underlined text would have been added:

§ 16. Initiated constitutional amendments or measures--Taxes or fees--Certain funding obligations--Vote required. Any initiated constitutional amendment, initiated measure, constitutional amendment proposed and submitted to the people by the Legislature, or measure referred to the people by the Legislature that imposes or increases taxes or fees, and any initiated constitutional amendment, initiated measure, constitutional amendment proposed and submitted to the people by the Legislature, or measure referred to the people by the Legislature that obligates the state to appropriate funds of ten million dollars or more in any of the first five fiscal years after enactment, to be annually adjusted for inflation as determined by the Legislature, shall become part of the Constitution or statute only if approved by three-fifths of the votes cast thereon.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 16, and the FRE is 13. The word count for the ballot title is 20, and the estimated reading time is 5 seconds. The FKGL for the ballot summary is grade level 17, and the FRE is 24. The word count for the ballot summary is 147, and the estimated reading time is 39 seconds.

Support

South Dakotans Against Higher Taxes led the campaign in support of Constitutional Amendment C.

Supporters

Officials

• State Sen. Lee Schoenbeck (R)
• State Rep. Tim Goodwin (R)
• State Rep. Jon Hansen (R)

Organizations

• Americans for Prosperity
• Opportunity Solutions Project
• South Dakota Coalition for Responsible Taxation
• South Dakota Farm Bureau

Arguments

• State Sen. Lee Schoenbeck (R-5): "On a ballot issue, some special interest goes out and gets the signatures and then they run ads in support of it. Who’s got the interest to spend the money on the other side? Usually nobody. It’s about special interests putting their spending issues or their tax issues on the ballot without regard to what the whole financial picture for the state looks like and that’s dangerous. There are consequences that they don’t tell people when they do that."
• State Rep. Jon Hansen (R-25): "If higher taxes and bigger government spending were the answer, then Washington D.C. would be the fiscal model for America. Clearly, that’s not the case. That’s not working. We’re in trillions of dollars of debt. In South Dakota, I think it’s incumbent upon us to maintain our leadership role as being fiscal responsibility for the rest of the country."
• Linn Hendrickson, region director for the South Dakota Republican Party: “We in the Republican Party believe in keeping government under control, small, and at the local level. We believe the best way to spend money is at the lowest level possible.”

Opposition

South Dakotans for Fair Elections led the campaign against Constitutional Amendment C.

Opponents

Former Officials

• Former U.S. Attorney for South Dakota Brendan Johnson

Political Parties

• Democratic Party of South Dakota

Unions

• South Dakota Farmers Union

Organizations

• American Cancer Society Cancer Action Network
• American Heart Association
• Avera Health
• Dakotans for Health
• Democracy Forward
• Greater Sioux Falls Chamber of Commerce
• League of Women Voters
• Leukemia & Lymphoma Society
• Monument Health
• Sanford Health
• South Dakota Chamber of Commerce and Industry
• South Dakota Education Association
• South Dakota Municipal League
• South Dakota Nursing Association
• South Dakota State Medical Association

Individuals

• Rick Weiland (D) - Former Democratic Candidate for U.S. Senate

Arguments

• Dr. Pamela Carriveau, associate professor of Political Science and Sociology at Black Hills State University: "Most initiatives involve some kind of spending, and none of them pass with 60% of the vote. So, it would significantly thwart, I guess, the ability of people to use the initiative or referendum process to try to get policies changed in South Dakota. ... It’s one other way for courts to invalidate initiatives. They can say, ‘Well, it doesn’t directly spend $10 million, but by means of this, this, and this, in the end, it will have that effect.’ It will be one other way that courts can invalidate initiatives that do pass or get the 50%, but not the 60%."
• Former U.S. Attorney Brendan Johnson: "This is the Legislature trying to say to the people that anytime that there is a tax or fee that they have to have 60%. That is not the same rule that applies to the Legislature. They do their appropriation and that’s what this would be, an appropriation. This is our right that we’ve had, as South Dakotans, since the beginning of our state’s history. For the first time, we have a Legislature that wants to take it away from the people of South Dakota so badly that they’re putting it on a June primary ballot when they know that the smallest percentage of South Dakota voters will come out to vote."
• State Rep. Ryan Cwach (D-18): "We know primary turnouts are lower. We know people aren’t going to show up. That’s not fair." Cwach also questioned the constitutionality of the measure, saying the 60% supermajority requirement conflicts with Section 3 of Article XXIII of the South Dakota Constitution, which provides that constitutional amendments "shall become a part of the Constitution only when approved by a majority of the votes cast thereon."
• Yvonne Taylor, Executive Director for the South Dakota Municipal League: "It’s unfair for 41% of the electorate to be able to thwart the other 59% on tax policy. Amendment C limits the citizens’ ability to implement important public projects - even if the majority of voters want them funded. We’re talking law enforcement, rural hospitals, nursing homes, schools – just a few voters would be able to shut those all down. When you amplify the voice of the few, you silence the voice of the many."

Campaign finance

See also: Campaign finance requirements for South Dakota ballot measures

South Dakotans Against Higher Taxes led the campaign in support of the initiative. The committee reported $905,988 in contributions.

South Dakotans For Fair Elections led the campaign in opposition to the initiative. The campaign reported a total of $1.83 million in contributions.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$905,988.14	$905,988.14	$0.00	$905,988.14
Oppose	$1,666,210.00	$159,621.31	$1,825,831.31	$1,666,210.00	$1,825,831.31

Support

The following table includes contribution and expenditure totals for the committee in support of Amendment C.

Committees in support of Constitutional Amendment C
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
South Dakotans Against Higher Taxes	$0.00	$905,988.14	$905,988.14	$0.00	$905,988.14
Total	$0.00	$905,988.14	$905,988.14	$0.00	$905,988.14

Donors

Americans for Prosperity was the highest donor to the committee. South Dakota Coalition For Responsible Taxation and Opportunity Solutions Project were also donors to this committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Americans for Prosperity	$0.00	$836,488.14	$836,488.14
Opportunity Solutions Project	$0.00	$50,000.00	$50,000.00
South Dakota Coalition For Responsible Taxation	$0.00	$19,500.00	$19,500.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.

Committees in opposition to Constitutional Amendment C
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
South Dakotans for Fair Elections	$1,666,210.00	$159,621.31	$1,825,831.31	$1,666,210.00	$1,825,831.31
Total	$1,666,210.00	$159,621.31	$1,825,831.31	$1,666,210.00	$1,825,831.31

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
National Education Association	$605,960.00	$0.00	$605,960.00
The Fairness Project	$250,000.00	$135,191.33	$385,191.33
Avera Health	$250,000.00	$0.00	$250,000.00
Sanford Health	$250,000.00	$0.00	$250,000.00
American Cancer Society Cancer Action Network Inc	$150,000.00	$23,790.54	$173,790.54
Monument Health, Inc	$150,000.00	$0.00	$150,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Requirements for ballot measures in South Dakota

See also: Laws governing the initiative process in South Dakota and Signature requirements for ballot measures in South Dakota

Citizens of South Dakota may initiate legislation as either a state statute or a constitutional amendment. South Dakota residents also have the power to repeal legislation via veto referendum. The South Dakota State Legislature may place measures on the ballot as legislatively referred constitutional amendments or legislatively referred state statutes with a simple majority vote of each chamber. Going into the election, ballot measures in South Dakota required a simple majority vote of approval to be adopted.

Legislative supermajority requirements for tax increase bills

As of 2021, South Dakota was one of eight states that required a two-thirds (66.67%) vote for the approval of bills to impose a new tax or increase an existing tax. An additional four states require a three-fifths (60 percent) supermajority vote. Oklahoma requires a three-fourths (75 percent) supermajority vote for such bills. Arkansas requires a supermajority vote for all tax increase bills except sales and alcohol taxes. Michigan requires a three-fourths supermajority vote for state property tax increases. In Colorado, all tax increases or new taxes must be referred to voters under the state's Taxpayer's Bill of Rights.

Supermajority requirements for ballot measures

Supermajority requirements for certain topics:

• Washington requires three-fifths (60 percent) supermajority approval from all voters casting a ballot on initiatives or referendums related to gambling. Other questions require simple majority approval to be enacted.

• Utah requires a two-thirds (66.67%) vote for the approval of any initiatives concerning the taking of wildlife.

• Florida requires a 60% vote for the approval of constitutional amendments, whether citizen initiated or legislatively referred.

Supermajority requirements by type of measure:

Constitutional amendments require approval by voters in a statewide election to become a part of the state's constitution except in Delaware. As of 2021, 38 states required a simple majority vote (50%+1) for a proposed constitutional amendment to be adopted. In 11 states, voters must approve a proposed constitutional amendment by more than a simple majority or by some rule that combines different criteria. For more information on supermajority requirements for constitutional amendments, click here.

Ballot measures concerning supermajority requirements, 2022

The table below shows ballot measures concerning supermajority requirements that may appear or were certified to appear on the 2022 ballot.

Ballot Measure:	Status:
Arizona 60% Vote Requirement for Ballot Measures to Approve Taxes Amendment (2022)	Approved
Arkansas Issue 2, 60% Supermajority Vote Requirement for Constitutional Amendments and Ballot Initiatives Measure	Defeated

South Dakota ballot measures historical facts

See also: History of Initiative & Referendum in South Dakota and List of South Dakota ballot measures

A total of 67 measures appeared on statewide ballots during the 20-year from 2000 through 2020 in South Dakota.

• From 2000 through 2020, an average of six measures have appeared on the ballot during even-numbered election years in South Dakota.
• The number of measures appearing on statewide ballots from 2000 through 2020 ranged from three to 11.
• From 2000 through 2020, about 43% (29 of 67) of statewide ballot measures were approved by voters, and about 57% (38 of 67) were defeated. One measure was approved by voters but subsequently overturned by the courts, and one 2016 measure was approved but then repealed by the state legislature.

South Dakota ballot measures, 2000-2020
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
67	29	43.28%	38	56.72%	6	6	3	11

Path to the ballot

See also: Amending the South Dakota Constitution

In South Dakota, a constitutional amendment needs to be passed by a simple majority vote in both chambers of the state legislature to be certified for the ballot.

This amendment was introduced as House Joint Resolution 5003 by Republican House Speaker Pro Tempore Jon Hansen on February 2, 2021. The resolution was passed on February 16, 2021, in a vote of 56-12. All eight House Democrats voted against the bill. Of 62 House Republicans, 56 voted in favor, four voted against, and two were excused. The original resolution as passed by the House was set to be presented to voters at the November 2022 election date.

Senate president pro tempore Lee Schoenbeck (R) amended the resolution to place the question on the June 2022 primary ballot rather than the November general election ballot. The Senate passed the amended bill on March 2, 2021, by a vote of 18-17. All three Senate Democrats voted against the bill. Of the 32 Senate Republicans, 18 voted in favor and 14 voted against.

The House concurred with the Senate's amendments and gave final approval to the amended resolution on March 4, 2021, by a vote of 51-17. Among the eight House Democrats, seven voted against and one was absent. Among the 62 House Republicans, 51 voted in favor, 10 were opposed, and one was absent.

The chart below shows the final legislative votes on the amended version of the bill.

Vote in the South Dakota State Senate March 2, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 18  a
	Yes	No	Not voting
Total	18	17	0
Total percent	51.42%	48.57%	0.00%
Democrat	0	3	0
Republican	18	14	0

Vote in the South Dakota House of Representatives March 4, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 36  a
	Yes	No	Not voting
Total	51	17	2
Total percent	72.85%	24.28%	2.86%
Democrat	0	7	1
Republican	51	10	1

Vote changes in the House

The original bill passed by a vote of 80% in the House. The amended version of the bill containing the June primary election date was passed in the House by a vote of 73%.

Seven Republican Representatives were in favor of the question appearing on the November ballot and later voted against the amended bill containing the June primary election date: Roger Chase, Sydney Davis, Taylor Rae Rehfeldt, Lynn Schneider, Richard Thomason, Mike Weisgram, and Nancy York. Reps. Dean Wink (R) and J. Sam Marty (R) were excused for the first vote but voted in favor of the amended bill. Representative Peri Pourier (D) voted against the original bill but was excused from voting on the amended bill. Representative Kaleb Weis voted in favor of the original bill but was excused from voting on the amended bill.

Conflict and arguments concerning the election date change

Support for June primary election date:

• Representative Tim Goodwin (R) said that placing the question on the June primary ballot would spread out ballot questions and make it so that older people wouldn’t be as intimidated by the voting process. Goodwin said, “If somebody doesn’t go vote, shame on them, not shame on us."

• Representative Jon Hansen (R) said, "Every voter across the state will have the same opportunity to vote on it regardless of when the measure is placed on the ballot. No one is denied their right under the law to go vote in our state."

• Senator Caleb Finck (R) said placing the question on the June ballot would give people a reason to vote in the primary even if there were no other contests on the ballot in their area. Finck said people have a constitutional duty to vote "because that’s what we as citizens do."

Opposition to June primary election date:

• Dakotans for Health, sponsors of the Medicaid expansion initiative targeting the November 2022 ballot, filed a referendum petition in an attempt to require HJR 5003 to appear on the November general election ballot rather than the June primary ballot. Secretary of State Steve Barnett rejected the petition after finding that the constitutional amendment resolution is not subject to referendum petitions. Dakotans for Health filed a complaint with the South Dakota Supreme Court seeking to require Barnett to approve the petition for circulation. Dakotans for Health co-founder Rick Weiland said, "This is another assault by a one-party-dominated state legislature with no checks and balances, to thwart the will of the voters and intentionally stop our grassroots effort. Placing a constitutional amendment on a primary ballot when only a third of registered voters cast ballots, that would require Medicaid expansion to pass in the general election by 60%, is nothing more than a cynical attempt to take from South Dakotans their traditional right to enact measures such as Medicaid expansion by a simple majority." The South Dakota Supreme Court unanimously ruled on May 6, 2021, that the referendum against the referred amendment was not valid. The court said, "HJR 5003 is not a law enacted by the Legislature. It does not contain an enacting clause and was not submitted to the Governor for signature or veto. It is a joint resolution proposing an amendment to Article XI to the voters of the state pursuant to Article XXIII, § 1. Only if approved by the voters will Article XI, § 16 become a part of the Constitution...The Secretary of State correctly determined that HJR 5003 does not constitute a law subject to referral and that he had no authority to file the petition."

• Representative Ryan Cwach (D) said, "We know primary turnouts are lower. We know people aren’t going to show up. That’s not fair."

• Senator Troy Heinert (D) said, "It does not belong in the primary. It’s way too important... We are cutting our people off at the knees. We all get elected by a simple majority. All you have to do is win by one vote. This is bad legislation. I urge this body to stop the movement of this."

• Senator Michael Diedrich (R) said he opposed the election date change because it would become effective on July 1, 2021, and apply to ballot measures that are certified to appear on the November 2022 general election ballot. Diedrich said, "This is bad faith to cut off the process they entered into in good faith. It’s unfair to the people who are following the laws."
  • Initiatives regarding Medicaid expansion and an independent redistricting commission were filed targeting the 2022 ballot.

Lawsuit

Lawsuit overview
Issue: Is the ballot measure composed of more than a single subject?
Court: South Dakota Circuit Court
Plaintiff(s): David Owen and James Holbeck	Defendant(s): South Dakota Secretary of State Steve Barnett and Minnehaha County Auditor Ben Kyte

  Source: Dakota Free Press

On January 18, 2022, David Owen and James Holbeck filed a lawsuit naming South Dakota Secretary of State Steve Barnett and Minnehaha County Auditor Ben Kyte as defendants. Plaintiffs alleged that HJR 5003 is unconstitutional and must be removed from appearing on the 2022 ballot because it contains more than a single subject.

Kelly Hall, executive director of the Fairness Project's Ballot Measure Rescue Campaign said, "This proposed amendment is exhibit A in the effort to undermine the ballot measures process by legislatures all over the country. Special interests and extremist politicians understand that if voters can bypass legislatures intent on blocking worker-friendly change, they lose. In South Dakota and elsewhere, they're trying to change the rules in the middle of the game by raising thresholds for changing policy at the ballot box, to give themselves the power to simply ignore the will of the people." Owen and Holbeck said, "In 2018, the people of South Dakota reiterated our approval of the single subject principle by explicitly adding it to our constitution. Overwhelmingly, South Dakotans said they did not want to be forced to vote for multiple policies in one measure, but that's exactly what Amendment C does. We hope the courts will agree."

In South Dakota, initiated constitutional amendments, initiated state statutes, and legislatively referred constitutional amendments must concern only one subject. South Dakota did not have a single-subject rule for ballot measures until 2018. Constitutional Amendment Z was approved on November 6, 2018. It enacted a single-subject rule to initiated constitutional amendments and legislatively referred constitutional amendments and required that constitutional amendments be presented so that multiple proposed amendments to the constitution be voted on separately. In 2018, the state Legislature passed and the governor signed a bill—House Bill 1007—to enact a single-subject rule for initiated state statutes as well.

On April 6, 2022, Owen and Holbeck filed papers in court alleging that the defendants in their lawsuit violated the law by not accepting the service of the lawsuit against Amendment C. According to Brendan Johnson, an attorney for the plaintiffs, Charles McGuigan, the attorney general's chief deputy, said that the state would not accept the lawsuit filed through certified mail but would only accept personal service. Johnson responded to McGuigan, “In other words, we have already personally served the secretary of state in his official capacity. We do not see any provision in the law that allows the attorney general’s office or the secretary to refuse service in the manner required by statute. If you have any factual or legal basis for your position, please let us know today.” McGuigan said, "We have required personal service on some cases for as long as I can recall, so I guess historic practice would be the basis. To the best of my recollection we have never been questioned or challenged on this practice.” On April 19, 2022, Judge Douglas Hoffman ruled that the attorney general was not required to accept service via certified mail.

How to cast a vote

See also: Voting in South Dakota

Click "Show" to learn more about voter registration, identification requirements, and poll times in South Dakota.

How to cast a vote in South Dakota

Poll times In South Dakota, all polls are open from 7 a.m. to 7 p.m. If the polls close while you are still in line, you will be permitted to vote. South Dakota is divided between Central and Mountain time zones. Registration requirements Check your voter registration status here. To register to vote in South Dakota, an applicant must be a citizen of the United States, a resident of South Dakota, and at least 18 years old by the day of the next election. The deadline to register to vote is 15 days before the next election. To register, an applicant may submit a voter registration form to the county auditor. Prospective voters can also register in person at the county auditor's office, driver's license stations, certain public assistance agencies, or military recruitment offices. Automatic registration South Dakota does not practice automatic voter registration. Online registration See also: Online voter registration South Dakota does not permit online voter registration. Same-day registration South Dakota does not allow same-day voter registration. Residency requirements To register to vote in South Dakota, you must be a resident of the state. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States South Dakota does not require proof of citizenship for voter registration. Verifying your registration The South Dakota Secretary of State’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements South Dakota requires voters to present photo identification while voting. Voters can present the following forms of identification: South Dakota driver's license or nondriver ID card U.S. government photo ID U.S. passport U.S. Armed Forces ID Current student photo identification card from a South Dakota high school or South Dakota accredited institution of higher education Tribal photo ID If a voter does not have a photo ID, he or she can sign a personal identification affidavit. The voter will then be given a regular ballot.

See also

2022 measures

• 2022 ballot measures
• Supermajority requirements on the ballot
• Direct democracy measures on the ballot
• State and local government budgets, spending and finance on the ballot
• 2022 legislative sessions

South Dakota

• South Dakota ballot measures
• South Dakota ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Joint Resolution 5003 (2021) information