South Dakota
Impact of grocery tax ballot measure could range from $134M to $646M, legislators told • South Dakota Searchlight
A new analysis of the Nov. 5 ballot measure aiming to eliminate state sales taxes on groceries projects state revenue losses ranging from $134 million to $646 million annually.
On Tuesday in Pierre, the Legislative Research Council presented the analysis to lawmakers on the state budget committee. Council employees provide research, analysis and administrative support to legislators.
Backers of the citizen-initiated ballot measure only aim to prohibit state sales taxes on groceries, but the measure references items sold for “human consumption.” The wide range of potential revenue losses depends on how “human consumption” is interpreted.
“This is why words matter,” said Jeff Mehlhaff, the council’s chief fiscal analyst.
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A narrow interpretation limits the measure’s impact to groceries. A broader interpretation includes many goods and services used by people, based on definitions and interpretations of “consume” and “consumption.” Utilities, toiletries and car repairs are some examples cited by the council as goods and services technically “consumed” by humans.
The narrow definition would reduce state revenues by an estimated $133.6 million. The broader interpretation would result in an estimated revenue loss of up to $646.2 million. The state’s total annual budget is $7.3 billion.
A coalition formed to oppose the ballot measure says that in addition to affecting state sales taxes, the measure would affect city sales taxes, due to a state law that say cities cannot tax anything the state doesn’t tax. Yet the actual language of the measure says “municipalities may continue to impose such taxes.”
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When asked about that, Mehlhaff said, “I’m just leaving that where it is because it says municipalities may continue to impose such taxes.”
Rep. Tony Venhuizen, R-Sioux Falls, said voter passage of the measure could precipitate the worst budget cuts since the 10% across-the-board reductions during the 2011 legislative session.
“If the people vote for this, they need to know that when we come during January, we are not going to be doing increases for anything,” he said. “We’re going to make significant budget cuts.”
Retailers such as Walmart, Sam’s Club and Dollar General, which classify a significant portion of their sales as groceries and consumables, could see a substantial portion of their sales untaxed under the new measure, according to the analysis. It estimates that 59% to 81% of sales at those retailers could be affected.
The analysis says the Legislature would need to clarify the definition of “human consumption” to determine the measure’s full fiscal impact, should the measure pass.
Proponent says LRC recommended language
Rick Weiland runs Dakotans for Health, the group behind the ballot measure. He said the measure initially said “anything sold for eating or drinking by humans,” but was changed to “anything sold for human consumption” because the Legislative Research Council recommended it.
A 2022 letter to Weiland from the council suggested the initial wording was “overly vague, inviting various interpretations in determining its meaning.” The council recommended using terms like ingestion, chewing or consumed.
“These terms seem to be more precise than ‘eating and drinking,’ as they may better capture the various elements of food and beverage consumption,” the council wrote to Weiland.
Following this advice, Weiland said, his team revised the language to “anything sold for human consumption, except alcoholic beverages and prepared food.”
Attorney General Marty Jackley has since stated that “human consumption” is not defined by state law, and its common definition encompasses more than just food and drinks.
Weiland’s attorney sought clarification from Jackley in a February 2023 letter and email, but said he received no response.
Mehlhaff told budget committee members that the language used in the final draft is not the council’s recommendation, pointing to another line in the 2022 letter that offered a possible rewrite: “The retail sale of any food or food ingredient for any purpose is exempt from any tax imposed by law.”
Mehlhaff said if the measure passes, lawmakers could attempt to amend or repeal it before its effective date on July 1, 2025.
GRAND FORKS — UND senior guard Garrett Anderson had shot 1-for-7 from the field before he pulled up for a deep 3-pointer in overtime.
It was a make-or-break shot for the Fighting Hawks, who trailed South Dakota State by two points with 20 seconds remaining.
Anderson’s triple fell. On a Saturday afternoon at the Betty Engelstad Sioux Center where several Hawks provided clutch shots late, it was his 3-pointer that iced the victory.
Gabe and Reed Uelmen / Grand Forks Herald
“That was a huge three by Garrett,” UND head coach Paul Sather said. “Happy for him, because you feel it with him — when that floodgate opens a little bit of confidence, and not just as a scorer but just as a player, he keeps fighting for it, keeps working for it, keeps keeping the right mindset.”
UND won 90-87, earning its third-straight win over the Jackrabbits and improving to 2-0 (8-10 overall) in Summit League play.
South Dakota State, hot off the heels of a commanding New Year’s Day win over Omaha, fell to 1-1 in conference (8-9 overall).
“These two first league games, you need to protect your home court if you want any chance to be in play at the end of this year,” Sather said. “It’s a great way to start. But you also need to go on the road and win some games. And as I tell the guys, it’s not who, when or where, it’s how you show up to play. And having that mentality, it’s not home and road, it’s ‘Are you ready to go today?’”
The Hawks needed just about everyone to stave off SDSU.
Redshirt sophomore guard Zach Kraft and freshman guard Anthony Smith III led the way with double-digit point totals in a first half that was a high-scoring, fast-paced affair.
Gabe and Reed Uelmen / Grand Forks Herald
UND shot 64.3%, South Dakota State 55.6%. By halftime, the Hawks had a slight 50-45 lead.
The shooting cooled down in the second half and in overtime. In those final two frames, the Hawks turned to a variety of players, from the starting lineup to the bench, to keep up with the Jackrabbits.
“It’s hard to sustain that for 40 minutes, but we were able to kind of get ourselves back,” Sather said. “Our bench was fantastic in that first half. … We sustained it, we got back in, we stayed there within distance of it, and guys made plays. We had opportunities to make plays and close the game, but we had plays that were made to get us into overtime and win in overtime.”
Redshirt freshman Greyson Uelmen finished with a team-high 17 points and nailed the final two free throws in overtime to seal the win.
Gabe and Reed Uelmen / Grand Forks Herald
Kraft, who ended with 14 points, splashed a 3-pointer with 47 seconds left in regulation to take a 79-77 lead.
Junior forward George Natsvlishvili came off the bench and tied up the game just minutes earlier with a clutch second-chance layup. He also nabbed a key basket with 1 minute, 56 seconds left in overtime.
Before South Dakota State managed to rally back for its first lead of the second half, a free throw and a layup from Smith kept the Hawks’ offense on pace with the visitors. He finished with 16 points.
UND’s bench contributed 39 points.
Gabe and Reed Uelmen / Grand Forks Herald
“I felt like our bench won the game today,” Kraft said. “In the first half, (Smith) came into the game, knocked down that three at the end of the half, and then Wylee (Delorme) in the second half, five rebounds, scoring off the offensive rebounds, it’s huge for us.”
Delorme put together his best game as a Hawk in the win. The sophomore guard from Devils Lake constantly attacked the offensive glass, flexing some creativity with slick drives to the rim.
He earned a season-high 12 points.
Gabe and Reed Uelmen / Grand Forks Herald
“We’ve seen him more of a shooter (in practice), I haven’t really seen the behind-the-back, step-through and float,” Anderson said. “That was kind of new, that was a tough move. But he’s gotten to it in practice for sure.”
Kraft, Uelmen, Smith, Delorme and senior guard Eli King all finished with 12 or more points.
“We just relied on our guys that make those tough shots and are built for those moments,” Delorme said. “Seventh, eighth man off the bench — like Marley (Curtis), Marley can have a double-digit day too. All of us can go for 10 points, but it’s just a matter of making the easy plays and just using each other.”
UND will face its first road test of the conference slate this Thursday, when it travels to Omaha.
Gabe and Reed Uelmen / Grand Forks Herald
The South Dakota Lottery offers multiple draw games for those aiming to win big. Here’s a look at Jan. 3, 2026, results for each game:
Winning Powerball numbers from Jan. 3 drawing
18-21-40-53-60, Powerball: 23, Power Play: 3
Check Powerball payouts and previous drawings here.
Winning Lucky For Life numbers from Jan. 3 drawing
01-02-28-30-43, Lucky Ball: 07
Check Lucky For Life payouts and previous drawings here.
Winning Lotto America numbers from Jan. 3 drawing
03-04-05-25-42, Star Ball: 03, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Dakota Cash numbers from Jan. 3 drawing
07-13-17-28-30
Check Dakota Cash payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
The South Dakota Lottery offers multiple draw games for those aiming to win big. Here’s a look at Dec. 28, 2025, results for each game:
Winning Lucky For Life numbers from Dec. 28 drawing
12-17-25-34-42, Lucky Ball: 09
Check Lucky For Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
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