South Dakota General
November 05, 2024
Presidential Candidates
Republican
Democrat
U.S. Rep. (At Large)
5th Supreme Court District (retention)


Scott Myren
Non-Partisan | S.D.
Amendment G - Abortion
Alert regarding SD Amendment G: The trial for the lawsuit filed by Life Defense Fund regarding the legality of the signed petitions for Amendment G has yet to be rescheduled. A motion has been filed by Life Defense Fund asking the judge to decide the case without a trial, and the hearing for that motion has been scheduled for December 2. Depending on the judge's decision, the measure could be invalidated. However, vote as if your vote will count.
This initiated amendment (p. 5) establishes a constitutional right to an abortion and provides a legal framework for the regulation of abortion. This framework would override existing laws and regulations concerning abortion.
The amendment establishes that during the first trimester a pregnant woman's decision to obtain an abortion may not be regulated nor may regulations be imposed on the carrying out of an abortion.
In the second trimester, the amendment allows the regulation of a pregnant woman's abortion decision, and the regulation of carrying out an abortion. Any regulation of a pregnant woman's abortion decision, or of an abortion, during the second trimester must be reasonably related to the physical health of the pregnant woman.
In the third trimester, the amendment allows the regulation or prohibition of abortion except in those cases where the abortion is necessary to preserve the life or health of the pregnant woman. Whether an abortion is necessary during the third trimester must be determined by the pregnant woman's physician according to the physician's medical judgment.
Judicial clarification of the amendment may be necessary. The Legislature cannot alter the provisions of a constitutional amendment.
Measure 29 - Recreational Marijuana
This initiated measure (p. 8) allows individuals 21 years of age or older to possess, grow, ingest, and distribute marijuana or marijuana paraphernalia. Individuals may possess up to two ounces of marijuana in a form other than marijuana concentrate or other marijuana products. Individuals may possess up to six marijuana plants with no more than twelve plants per household. The measure also places limits on the possession of other forms of marijuana and marijuana products.
Under the measure, the possession, ingestion, and distribution of marijuana and marijuana paraphernalia remains illegal for individuals under the age of 21.
Driving under the influence of marijuana remains illegal.
The measure restricts where individuals may possess or consume marijuana, such as schools or where tobacco is prohibited.
The measure allows employers to restrict an employee's use of marijuana.
Property owners may also regulate the use of marijuana on their property.
The measure does not affect State laws dealing with hemp. It also does not change laws concerning the State's medical marijuana program.
The measure legalizes marijuana-derived substances considered felony controlled substances under State law. Marijuana remains illegal under federal law.
Judicial or legislative clarification of this measure may be necessary.
Fiscal Note: The state and municipalities would collect minimal additional sales tax revenue, as the measure would not decriminalize the sale of cannabis but would decriminalize the sale of cannabis accessories. Counties could see incarceration expenses reduced by $581,556 every year.
Amendment H - All Party Primary Election
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.
OTHER RACES AND ISSUES ON YOUR BALLOT
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