Eleanor Finch
The South Dakota Constitution, which was adopted in 1889, has been amended 13 times since 2006. Amendments to the constitution may be proposed in three ways: through a citizen-initiated process, a legislative process, or a state constitutional convention. A citizen-initiated constitutional amendment requires signatures from 10% of the voters from the last gubernatorial election, while a legislative amendment requires a simple majority vote during one legislative session. A constitutional convention can be called through a ballot initiative and popular vote or through a 75% vote in each chamber of the legislature.
| Characteristics | Values |
|---|---|
| Number of amendments since 2006 | 13 |
| Last amendment | November 5, 2024 |
| Number of ways to propose an amendment | 3 |
| Ways to propose an amendment | Citizen-initiated process, legislative process, state constitutional convention |
| Number of signatures required for an initiated constitutional amendment | 10% of votes cast in the last gubernatorial election |
| Type of vote required for voter approval | Simple majority |
| Minimum number of votes required in the South Dakota House of Representatives | 36 |
| Minimum number of votes required in the South Dakota State Senate | 18 |
| Section of the South Dakota Constitution that allows the state legislature to call a state constitutional convention | Section 2 of Article 23 |
| Percentage of vote required in each legislative chamber to call a state constitutional convention | 75% |
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What You'll Learn
Citizen-initiated amendments
The South Dakota Constitution can be amended through three methods: a citizen-initiated process, a legislative process, or a state constitutional convention. Citizen-initiated amendments, also known as initiated constitutional amendments, are a type of ballot measure that allows citizens to directly propose and vote on amendments to the state's constitution. South Dakota is one of eighteen states that allow citizens to initiate constitutional amendments.
The process for a citizen-initiated amendment in South Dakota begins with a petition. The petition must gather a number of signatures equal to 10% of the votes cast in the last gubernatorial election. Once the required number of signatures is verified, the amendment is placed on the ballot for a vote. A simple majority vote is required for the amendment to be approved and enacted. This process empowers citizens to directly participate in shaping the state's framework for governance, including rights, powers, and limitations of the state government.
The citizen-initiated amendment process in South Dakota provides a direct pathway for citizens to propose and enact constitutional changes. This method is particularly valuable when the legislative process fails to address specific concerns or when an issue is best decided by a direct vote of the people. Citizen-initiated amendments have been used in South Dakota to address a range of topics, including those that are unusually specific to the state, such as the operation of state elevators and warehouses.
An example of a successful citizen-initiated amendment in South Dakota is Constitutional Amendment A, which was approved by voters in the 2020 general election. This amendment pertained to the legal status of marijuana and hemp in the state, demonstrating the impact of citizen-driven efforts in shaping policy through direct democracy. The amendment process in South Dakota has been active, with 13 amendments since 2006, the most recent one being approved by voters on November 5, 2024.
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Legislative amendments
The South Dakota Constitution, which was adopted in 1889, has been amended 13 times since 2006. There are three ways to propose amendments to the South Dakota Constitution, one of which is the legislative process.
A legislatively referred constitutional amendment requires a simple majority vote during one legislative session for the South Dakota State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 36 votes in the South Dakota House of Representatives and 18 votes in the South Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
The South Dakota Constitution also allows for a ballot initiative, in which an amendment will appear on a ballot if the petition supporting it receives sufficient signatures. An amendment proposed in the legislature will appear on a ballot if a majority of each chamber of the legislature votes in its favour. The number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
The third method is a state constitutional convention, which can be called through a ballot initiative and a popular vote or through a 75% vote in each chamber of the legislature.
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Amendments via constitutional convention
The South Dakota Constitution was adopted in 1889 when South Dakota became a state. It has been amended 13 times since 2006. One of the ways to amend the constitution is through a state constitutional convention.
A constitutional convention may be called through a ballot initiative and a popular vote, or through a 75% vote in each chamber of the legislature. Citizens can initiate a constitutional convention question using the same procedures as an initiated constitutional amendment. This requires signatures from at least 10% of the number of votes cast in the last gubernatorial election.
Once a constitutional convention is called, delegates are elected to attend and propose amendments. The delegates are typically elected by the voters, but the method of selection can vary depending on the state and the specific rules governing the convention. The proposed amendments are then debated and voted on by the delegates. If an amendment receives a majority of the votes, it is typically considered passed by the convention.
After an amendment is passed by a constitutional convention, it is typically then put to a statewide vote. This can be done through a ballot initiative, where supporters of the amendment gather signatures to get it on the ballot. The number of signatures required varies but is typically a significant number to ensure that the amendment has sufficient support to be considered for a vote. Finally, the amendment is put to a vote, and if it receives a majority of the votes, it becomes part of the state constitution.
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Simple majority vote requirements
The South Dakota Constitution can be amended in three ways: through a citizen-initiated process, a legislative process, or a state constitutional convention.
A simple majority vote is required for voter approval of an initiated constitutional amendment. This means that the number of 'yes' votes must exceed the number of 'no' votes, regardless of the margin. The total number of votes required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. This is a direct way for citizens to propose and approve amendments to the state constitution, bypassing the state legislature.
In the case of a legislatively referred constitutional amendment, a simple majority vote is required during one legislative session for the South Dakota State Legislature to place a constitutional amendment on the ballot. This means that a minimum of 36 votes in the South Dakota House of Representatives and 18 votes in the South Dakota State Senate is necessary, assuming no vacancies. It's important to note that amendments referred by the legislature do not require the governor's signature to be placed on the ballot.
The simple majority vote requirement ensures that the will of the majority is respected while also providing a mechanism for citizens or the legislature to propose and approve amendments without undue hurdles. This process allows for the South Dakota Constitution to remain a living document that can adapt to the changing needs and preferences of the state's citizens.
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South Dakota's constitutional history
South Dakota's constitution has a rich history that dates back to the late 19th century. The process for amending this important document has remained relatively consistent since its inception, with only minor adjustments made over the years. Here is an overview of South Dakota's constitutional history and the procedures for making changes to this day.
The first constitution of South Dakota was drafted in 1885, when the territory of South Dakota held a constitutional convention in Sioux Falls. This document was created in anticipation of South Dakota's admission to the Union as a state, and it laid out the structure and functions of the state government. However, this initial constitution was never officially adopted, as disagreements arose over the location of the state capital, with some preferring Sioux Falls and others advocating for Pierre. As a result, South Dakota operated under a temporary organization act until the issue was resolved.
In 1889, a second constitutional convention was held in Pierre, and a new constitution was drafted and ratified by the people of South Dakota. This constitution was largely based on the earlier 1885 document, with some modifications. It established the state's system of government, including the powers and responsibilities of the executive, legislative, and judicial branches. This constitution took effect when South Dakota officially gained statehood on November 2, 1889.
Since its adoption, the South Dakota Constitution has been amended numerous times. The process for amending the constitution is outlined in Article XXIII of the document. There are two methods by which amendments can be proposed. The first is through a resolution adopted by a majority vote of all members elected to each house of the state legislature. The second method is via an initiative petition signed by a number of qualified voters equal to at least ten percent of the total votes cast for Governor at the last preceding general election at which a Governor was elected.
Once an amendment is proposed, it must be approved by a majority of voters in the next general election to take effect. This allows the people of South Dakota to have a direct say in any changes made to their constitution, ensuring that it remains a document that reflects the values and needs of the state's citizens. Overall, the process for amending South Dakota's constitution has been designed to be accessible yet rigorous, ensuring that any changes made are thoughtful and widely supported by the state's citizens.
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Frequently asked questions
The current South Dakota Constitution has been amended 13 times since 2006. The last amendment was approved on November 5, 2024.
Amendments to the South Dakota Constitution can be proposed in three ways: through a citizen-initiated process, a legislative process, or a state constitutional convention.
An initiated constitutional amendment requires signatures from 10% of the number of votes cast in the last gubernatorial election. A simple majority vote is then required for voter approval.
A simple majority vote is required during one legislative session for the South Dakota State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 36 votes in the South Dakota House of Representatives and 18 votes in the South Dakota State Senate. Amendments do not require the governor's signature to be referred to the ballot.
