‘Top two’ primary election measure makes South Dakota’s November ballot

MAY 22, 2024:

South Dakota Secretary of State Monae L. Johnson announces that a petition submitted for an initiated constitutional amendment was validated and filed by her office Tuesday (May 21, 2024). This ballot question would amend the Constitution of South Dakota to establish top-two primary elections. The title for the ballot question will be Constitutional Amendment H, and it will appear on the 2024 General Election ballot on November 5, 2024.

An initiated amendment currently requires 35,017 valid signatures in order to appear on the ballot. As outlined in SDCL § 2-1-16, the Secretary of State’s Office conducted a random sample of the petition signatures and found 84.47 percent to be valid. Additional part-time staff was hired to assist with the validation process. Based on the results of the random sample, 36,350 signatures were deemed valid.

Upon the filing of an initiated amendment, any citizen may challenge the Secretary of State’s validation of the initiated amendment under SDCL § 2-1-17.1. Citizens challenging the validation must submit an original, signed affidavit listing out each specific deficiency to the Secretary of State’s Office no more than 30 days after validation. Affidavits submitted electronically will not be accepted. For this initiated amendment, the deadline to file a challenge is Thursday, June 20, 2024, at 5:00 pm central time.

More information on specific ballot questions can be found on the Secretary of State’s website: https://sdsos.gov/elections-voting/upcoming-elections/general-information/2024/2024-ballot-questions.aspx.

MAY 7, 2024:

Secretary of State Monae L. Johnson’s office received petitions this afternoon for an initiated measure legalizing the recreational use, possession, and distribution of marijuana. If validated and certified, the ballot question will appear on the general election ballot on November 5, 2024.  The deadline to submit ballot question petitions to the Secretary of State is Tuesday, May 7,  at 5:00 p.m. central time. 

Petitions will be reviewed by the Secretary of State’s office in the order in which they were received.  Below is a chart indicating the order of submission:

In order to qualify to be placed on the 2024 general election ballot, an Initiated Measure requires 17,508 valid signatures and a Constitutional Amendment requires 35,017 valid signatures.  As outlined in South Dakota Codified Law 2-1-16 and 2-1-17, the Secretary of State’s office will now conduct a random sampling of the petition signatures to determine the validity.

Ballot measures submitted to the Secretary of State’s office previously had a deadline for submission which was one year out from the general election. After a law change in 2023, ballot measure petitions have until the first Tuesday in May to file. The Secretary of State’s office has until August 13, 2024, to finish validating petitions.

Individuals who wish to have their name withdrawn from a ballot measure petition must submit written notification to the Secretary of State’s office any time before the petition from which the individual is submitting is filed and certified for placement on the general election ballot.

MAY 6, 2024:

Secretary of State Monae L. Johnson’s office received petitions Monday afternoon (May 6, 2024) for an initiated amendment to the South Dakota Constitution establishing top-two primary elections. If validated and certified, the ballot question will appear on the general election ballot on November 5, 2024.  The deadline to submit ballot question petitions to the Secretary of State is Tuesday, May 7,  at 5:00 p.m. central time. 

Petitions will be reviewed by the Secretary of State’s office in the order in which they were received.  Below is a chart indicating the order of submission:

In order to qualify to be placed on the 2024 general election ballot, an Initiated Measure requires 17,508 valid signatures and a Constitutional Amendment requires 35,017 valid signatures.  As outlined in South Dakota Codified Law 2-1-16 and 2-1-17, the Secretary of State’s office will now conduct a random sampling of the petition signatures to determine the validity. 

Ballot measures submitted to the Secretary of State’s office previously had a deadline for submission which was one year out from the general election. After a law change in 2023, ballot measure petitions have until the first Tuesday in May to file.

Individuals who wish to have their name withdrawn from a ballot measure petition must submit written notification to the Secretary of State’s office any time before the petition from which the individual is submitting is filed and certified for placement on the general election ballot.

UNDATED (AP)- Supporters of a “top two” primary election system in South Dakota that would replace the current partisan process with one open to all voters have submitted thousands more petition signatures than required to bring a vote this fall on their ballot initiative.

On Monday (May 6, 2024), South Dakota Open Primaries sponsors said they submitted petitions with 47,000 signatures to Secretary of State Monae Johnson’s office. The measure group needs 35,017 valid signatures to make the November ballot. Johnson’s office has until Aug. 13 to validate the measure, a proposed constitutional amendment.

Under South Dakota’s current primary election system, candidates in gubernatorial, congressional, legislative and county races compete in a partisan primary. The measure would allow all candidates to compete against each other in one primary, and the top two vote-getters in each race or for each seat would advance to the general election. A similar measure failed in 2016.

Other states such as California and Washington have “top two” primary elections similar to the measure proposed in South Dakota.

Measure sponsor Deanna “De” Knudson, a registered Republican, said she doesn’t think the state has a fair system, in that it “excludes about half of the voters from the real race, and we just really believe that this is a fairness issue.”

Republicans control South Dakota’s Legislature and hold all statewide elected offices and congressional seats. Democrats haven’t won a statewide election since 2008, when former U.S. Sen. Tim Johnson and U.S. Rep. Stephanie Herseth Sandlin won reelection to their last terms.

South Dakota has nearly 602,000 registered voters, including 304,000 Republicans and 144,000 Democrats, but people registered as “no party affiliation” or “independent” total nearly 150,000 voters, according to online voter registration tracking.

State Republican Party Chairman and state Sen. John Wiik said he vehemently opposes the measure. He said he sees “no good coming out of it for the Republican Party.” The state GOP’s central committee unanimously opposed the measure, he said.

“I want Republicans to be able to choose the Republican candidate, and Democrats to choose the Democrat candidate,” Wiik said. “If you want to be an independent, then you’re independent of the decisions that affect your lives.”

Knudson said the measure would bring a much more competitive process and “will make sure that the winning candidate is the one most South Dakotans agree on.” She questioned the balance of power in the Legislature, where Democrats hold 11 of 105 seats, and whether that is truly reflective of voters’ will.

State Democratic Party Executive Director Dan Ahlers said the party hasn’t taken a stance on the measure. The Democratic Party allows “no party affiliation” and independent voters to vote in its primary, along with registered Democrats.

MAY 2, 2024:

The South Dakota Secretary of State’s Office has received petitions (May 1, 2024) for an initiated amendment establishing a right to abortion in the state constitution. If validated and certified, the ballot question will appear on the general election ballot on November 5, 2024. The deadline to submit ballot question petitions to the Secretary of State is Tuesday (May 7, 2024)  at 5:00pm Central Time.  

Petitions will be reviewed by the Secretary of State’s office in the order in which they were received. Below is a chart indicating the order of submission:

In order to qualify to be placed on the 2024 general election ballot, an Initiated Measure requires 17,508 valid signatures and a Constitutional Amendment requires 35,017 valid signatures. As outlined in South Dakota Codified Law 2-1-16 and 2-1-17, the Secretary of State’s office will now conduct a random sampling of the petition signatures to determine the validity. 

Ballot measures submitted to the Secretary of State’s office previously had a deadline for submission which was one year out from the general election. After a law change in 2023, ballot measure petitions have until the first Tuesday in May to file.

Individuals who wish to have their name withdrawn from a ballot measure petition must submit written notification to the Secretary of State’s office any time before the petition from which the individual is submitting is filed and certified for placement on the general election ballot.

APRIL 25, 2024:

Secretary of State Monae L. Johnson’s office received petitions for a ballot question Wednesday (April 24, 2024). If validated and certified, the ballot question will appear on the general election ballot on November 5, 2024.

Individuals who wish to have to have their name withdrawn from a ballot measure petition must submit written notification to the Secretary of State’s office any time before the petition from which the individual is submitting is filed and certified for placement on the general election ballot.

In order to qualify to be placed on the 2024 general election ballot, an Initiated Measure requires 17,508 valid signatures and a Constitutional Amendment requires 35,017 valid signatures. As outlined in South Dakota Codified Law 2-1-16 and 2-1-17, the Secretary of State’s office will now conduct a random sampling of the petition signatures to determine the validity.

The deadline to submit ballot question petitions to the Secretary of State is May 7,  at 5:00 p.m. central time.

Ballot measures submitted to the Secretary of State’s office previously had a deadline for submission which was one year out from the general election. After a law change in 2023, ballot measure petitions have until the first Tuesday in May to file. Ballot measures will be a top priority for the Secretary of State’s office, along with assisting voters and county auditors with absentee voting and questions for the June 4, 2024, Primary Election.