Amendment H - All Party Primary Election

Ballot Icon Ballot Measure

FAILED

Result Icon Result

CONSERVATIVE

BALLOT LANGUAGE

Amendment H (p. 6). Currently, to appear on the general election ballot, major party candidates for the following offices must participate in a partisan primary election: Governor, State Legislature, U.S. Senate and House of Representatives, and elected county offices. Only members of the candidate’s party may vote for that candidate unless that party has opened the primary to voters not affiliated with the party.

Minor party candidates may be chosen by primary or party convention.

Unaffiliated candidates (independents) are only required to file nominating petitions to appear on the general election ballot.

For the listed offices, this amendment requires one primary election wherein all candidates run against each other in their respective races, including major and minor party and unaffiliated candidates. A candidate may list any party next to their name on the ballot regardless of party affiliation or registration. All voters may vote for any candidate. The two candidates receiving the most votes advance to the general election. If there is more than one candidate to be elected to an office, the number of candidates advancing to the general election is twice the number to be elected.

Primary elections may be held for other offices.

The amendment may be challenged on constitutional grounds.

Fiscal Note: Open primaries would require printing additional ballots at a cost of $0.47 per ballot. The additional cost statewide to counties would currently be approximately $23,667 for each primary election. The share of the total cost for each county will vary. There is no expected cost to state government.

WHAT IT MEANS

Yes

A "Yes" vote means that you desire to change from the current partisan primary election process to a top-two open primary where all candidates run regardless of their party affiliation and the top two candidates, regardless of party affiliation, advance to the general election.

No

A "No" vote will keep the current partisan primary election process.

ARGUMENTS FOR AND AGAINST

Yes

  • “Our ballot initiative gives voters in 2024 a chance to change the state’s constitution to establish a top-two open primary for the offices of governor, all legislative offices, all county offices, the United States Senate or the United States House of Representatives. (For those offices) we would have a nonpartisan primary. What that means is you have one election when everybody from every party is on the primary and every voter whether they’re a Democrat or Republican or Independent, a Libertarian, a Communist -- they can vote in that election and the top-two vote-getters in that election are the ones that go on to the general election.” - Jeanelle Lust, South Dakota Open Primaries

[Source]

  • “South Dakota is known as a one-party state. And it is. But did you know that 50% of South Dakotans are not Republicans? It's true. A quarter of South Dakotans are independents like you and me, and the remainder are Democrats. Independents in South Dakota can't vote in the Republican primaries, but the primary is the whole election in South Dakota. This adds up to a stark reality: independent voters in South Dakota have no power. A ballot measure this year has the potential to change all that, if we help them get there.” - Will Conway, Let Us Vote

[Source]

No

  • “Open Primaries” may seem like a step toward greater inclusivity, but they pose significant risks to the integrity and fairness of our political system. They enable manipulation and give BIG MONEY special interests groups more control. In short, open primaries can do more harm than good, ultimately weakening the democratic process they aim to enhance. Worst of all, candidates will feel more pressure to cater to BIG MONEY special interest groups, making them more beholden to external influences than to the people of South Dakota.” - Vote No on Amendment H

[Source]

  • Vote NO on Amendment “H” (open primaries) in November. Now that true Conservative Republicans are taking back the power in South Dakota, the bad guys want Open Primaries. Why? Because it pushes everyone into the middle and waters down the Republican values we hold near and dear. Our current system works great. Democrats pick a candidate. Republicans pick a candidate. EVERYONE votes in November. Pretty simple deal. - Toby Doeden (Founder, Dakota First Action) Facebook post from July 26

[Source]

  • "Amendment H limits voter’s options, encourages voter deception and makes it harder for the average South Dakotan to run for office. If approved, Amendment H will disenfranchise voters across South Dakota. For these reasons, I ask South Dakota voters to join me in rejecting Amendment H this fall." Dan Ahlers, Executive Director, South Dakota Democratic Party

[Source]

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

Committees formed to SUPPORT South Dakota Constitutional Amendment H, Top-Two Primary Elections Initiative:

SOUTH DAKOTA OPEN PRIMARIES

Selected Contributions TO South Dakota Open Primaries include:

  • John Fisdal
  • Michael Kenig
  • Joe Kirby
  • Janet Brown
  • Richard Brown
  • Dan Kirby
  • Anne McFarland

No

Committees formed to OPPOSE South Dakota Constitutional Amendment H, Top-Two Primary Elections Initiative:

NO ON H

Selected Contributions TO No on H include:

  • As of September 16, 2024, no contributions appear in the SOS Campaign Finance reporting system.  The link above will lead to the "Statement of Organization.

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