require the disclosure of whether a ballot question was proposed by initiative or by the Legislature.

26.38.11 101st Legislative Session 5

2026 South Dakota Legislature
Senate Bill 5
ENROLLED

AN ACT

ENTITLED An Act to require the disclosure of whether a ballot question was
proposed by initiative or by the Legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-13-9 be AMENDED:
12-13-9. The attorney general shall deliver a statement for each amendment to
the South Dakota Constitution proposed by the Legislature and referred law from an odd
year to the secretary of state before the third Tuesday in May, in the year of the election.
The attorney general shall deliver a statement for each referred law from an even year to
the secretary of state before the second Tuesday in July, in the year of the election. The
attorney general's statement must be written by the attorney general and must cons ist
of:
(1) The title of the proposed amendment to the constitution or referred law;
(2) A disclosure indicating that the amendment was proposed by the Legislature or the
law was referred after enactment by the Legislature;
(3) An objective, clear, and simple explanation that:
(a) Educates the voters on the purpose and effect of the proposed amendment
to the constitution or referred law; and
(b) Describes the legal consequences of the proposed amendment to the
constitution or referred law, including any likely exposure of the state to
liability if the proposed amendment to the constitution or referred law is
adopted; and
(4) A recitation:
(a) For a proposed amendment to the constitution, stating "Vote 'Yes' to adopt
the amendment" and "Vote 'No' to leave the Constitution as it is"; or
(b) For a referred law, stating "Vote 'Yes' to allow the Act of the Legislature to
become law" and "Vote 'No' to reject the Act of the Legislature".
26.38.11 2 5
SB5 ENROLLED
The explanation may not exceed two hundred words in length.
On the printed ballots, the title of the proposed amendment to the constitution or
referred law must be followed by the disclosure, the attorney general's explanation, the
most recent fiscal note prepared pursuant to § 2-9-32 or 2-9-30.2, and the recitation. The
title, disclosure, explanation, fiscal note, and recitation must be printed on the ballot in
the order provided by this section.
Section 2. That § 12-13-25.1 be AMENDED:
12-13-25.1. Following receipt of the written comments of the director of the
Legislative Research Council, the sponsors shall submit a copy of the proposed initiated
measure or initiated amendment to the South Dakota Constitution in final form to the
attorney general, the secretary of state, and the director of the Legislative Research
Council.
The attorney general shall prepare a draft statement that consists of:
(1) The title, which is a concise statement of the subject of the proposed measure or
amendment to the constitution;
(2) A disclosure indicating that the measure or amendment to the constitution was
proposed by a citizen-initiated petition; and
(3) An objective, clear, and simple explanation that:
(a) Educates the voters on the purpose and effect of the proposed measure or
amendment to the constitution; and
(b) Describes the legal consequences of the proposed measure or amendment
to the constitution, including any likely exposure of the state to liability as
the result of the proposed measure or amendment to the constitution.
The explanation may not exceed two hundred words in length.
The attorney general shall file the draft statement with the secretary of state, post
the draft statement on the attorney general's website, and release a press release
announcing a draft statement has been posted for comment within sixty days of receipt
of the proposed measure or amendment to the constitution. The attorney general shall
accept comments for ten days from the date the draft statement was filed. The attorney
general shall review all comments submitted and revise the statement in response to t he
comments as deemed necessary.
Once the comment period has expired and any revisions have been completed, the
attorney general shall file the final statement with the secretary of state and shall provide
a copy to the sponsors within twenty days of the filing of the draft statement.
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If the signatures on a petition for a proposed initiated measure or initiated
amendment to the constitution are filed pursuant to § 2-1-1.1 or 2-1-1.2, the attorney
general must deliver a recitation to the secretary of state before the third Tuesday in May.
The recitation for an initiated amendment to the constitution must state "Vote 'Yes' to
adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for
an initiated measure must state "Vote 'Yes' to adopt the initiated measure" and "Vote 'No'
to leave South Dakota law as it is".
On the printed ballots, the title of the proposed initiated measure or initiated
amendment to the constitution must be followed by the disclosure, the attorney general's
explanation, the most recent fiscal note prepared pursuant to § 2-9-30 or 2-9-30.2, and
the recitation. The title, disclosure, explanation, fiscal note, and recitation must be printed
on the ballot in the order provided by this section.
26.38.11 4 5
SB5 ENROLLED
An Act to require the disclosure of whether a ballot question was proposed by initiative or by
the Legislature.

I certify that the attached Act originated in
the:

Senate as Bill No. 5

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 5
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State