Here they go again. The South Dakota Legislature is once again pushing legislation that threatens our long-established initiative rights. This is not the first time—over the past several years, they have repeatedly attempted to restrict the people’s ability to shape policy. Yet time and again, both the courts and voters have rejected these efforts. Unfortunately, our legislators still aren’t getting the message. The underlying goal is clear: limit or eliminate the people’s ability to make their own decisions at the ballot box.
New Attempts to Limit Citizen Initiatives
This year, multiple proposals aim to make it harder for South Dakotans to exercise their initiative rights. One proposal seeks to shorten the timeframe for gathering petition signatures. Another would require a 60% supermajority to amend the state constitution.
A Proud Tradition of Direct Democracy
South Dakota has a rich history of direct democracy, empowering citizens to vote on ballot initiatives. Our state was the first in the nation to adopt initiative and referendum measures in 1898. Through this process, citizens can propose changes to state laws and the constitution by collecting tens of thousands of signatures, ensuring the people—not just politicians—have a say in governance.
South Dakota Constitution
Voter Initiatives: A Pillar of Democracy
Citizen-led initiatives are a cornerstone of South Dakota’s democracy, reinforcing the state’s motto: “Under God, the people rule.” These measures are particularly vital when the Legislature is out of step with public sentiment. Over the years, voter initiatives have tackled crucial issues, including marijuana legalization, Medicaid expansion, minimum wage increases, election reform, and crime victims’ rights.
Ballot measures have long been a fixture of South Dakota’s political landscape. In the 1910s, there were 54 such measures. The trend has continued in recent decades, with 30 ballot questions in the 2010s, 35 in the 2000s, and 32 in the 1990s—demonstrating that South Dakota voters value their direct decision-making power.
Legislative Efforts to Undermine Initiatives
Despite this strong tradition, the Legislature has spent the past two decades trying to make it harder for citizens to put issues on the ballot. Their repeated attempts include:
- Increasing the number of signatures required for ballot qualification
- Shortening the signature collection period
- Limiting who can gather signatures
- Raising the percentage of votes needed to pass an amendment
- Restricting out-of-state funding for ballot measures (which many politicians take for their campaigns)
Some legislators have even proposed eliminating the initiative process altogether. Fortunately, both the courts and the people have consistently rejected these undemocratic impulses.
The People and Courts Say “No”
In 2022, lawmakers pushed a proposal requiring a 60% supermajority for certain constitutional amendments. They scheduled the vote for the June primary, assuming it would pass. Instead, voters soundly rejected it, with over 67% voting no.
The courts have also intervened. In 2023, a federal appeals court struck down South Dakota’s requirement that proposed constitutional amendments be filed a full year in advance, deeming it unconstitutional.
8th Circuit Court of Appeals
Yet the Attacks Continue
Despite these clear rebukes, the Legislature persists.
Their ongoing hostility toward citizen initiatives suggests a fundamental distrust of South Dakota voters. Some lawmakers resent being overruled by the people or the courts, displaying a “we know what’s best for you” attitude that contradicts South Dakota’s values. Perhaps our flawed partisan primary system is to blame, allowing politicians who don’t truly represent all citizens to take office.
The Initiative Process is Already Difficult
Proponents of new restrictions claim that amending the constitution should be more difficult. But the reality is that it’s already an arduous and expensive process.
Placing a constitutional amendment on the ballot requires 35,000 valid signatures, meaning circulators must gather at least 50,000, as many are deemed invalid. Volunteer efforts alone are rarely enough, necessitating paid signature gatherers to meet the threshold. Those proposing the changes have likely never been involved in a petition drive. It is expensive and daunting.
Given these challenges, the number of ballot measures has remained relatively stable for decades. The process is not broken—so why do legislators keep trying to “fix” it?
Stop Undermining the Will of the People
The people of South Dakota have spoken loud and clear: they value their initiative rights. The Legislature should stop its relentless efforts to weaken direct democracy and instead respect the constitutionally guaranteed voice of the people.
Well said Joe. The people who push these limitations like to suggest that Initiative actions are formulated and pressed by “out of state people and out of state monies”. In fact, the people who most commonly bring South Dakota initiative actions are people who live right here in South Dakota and people who are not at all satisfied with the work of the SD Legislature. Dale
Republicans are the problem, Joe. Democratic legislators don’t vote for these bills.
What can we do?
Ask legislative candidates to sign a pledge, when they are running for office, to not infringe on the I&M process.
Support Democratic candidates or run for office yourself.
When someone like John Hughes brings a bill to require a supermajority to pass and amendment, write about it in your blog, show up in Pierre and testify against it, organize a protest, make phone calls, put up wanted posters, and otherwise bring attention to these no good anti-direct democracy attacks on our constitution.
Why not name John Hughes in your blog? He is attacking something you see as important yet you give him a pass.
At a minimum, organize a ballot committee against this BS, raise money and defeat it on the ballot. And make sure every sponsor of the bill is defeated on that ballot too.
I’m grateful for the blog post, but lots of good folks doing nothing when these bills are up in committee is problematic. Even worse, people keep electing Republicans and then are surprised that their rights are systemically eroded year after year. It is what they do, all the while declaring they care about “freedom.”
At a minimum, go change your voter registration to Democratic Party to signal your displeasure.
To the chagrin of the most notable Democrats in South Dakota history, the South Dakota Democratic Party rejected the Open Primary ballot initiative last year. You cannot chide democracy and stake claim the high road by only supporting direct democracy when it suits you.