The amendment makes minor technical and formatting corrections to the bill, primarily changing statute section references from 26.38.10 to 26.38.11 and cleaning up redundant language (such as removing repeated words like "initiated" and "concise statement of the subject"). These changes do not alter the substantive purpose of the bill, which remains requiring disclosure of whether ballot questions were proposed by initiative or by the Legislature.
26.38.10 26.38.11 101st Legislative Session 5 2026 South Dakota Legislature Senate Bill 5 Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to require the disclosure of whether a ballot question was proposed by 1 initiative or by the Legislature. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 12-13-9 be AMENDED: 4 12-13-9. The attorney general shall deliver a statement for each amendment to 5 the South Dakota Constitution proposed by the Legislature and referred law from an odd 6 year to the secretary of state before the third Tuesday in May, in the year of the election. 7 The attorney general shall deliver a statement for each referred law from an even year to 8 the secretary of state before the second Tuesday in July, in the year of the election. The 9 attorney general's statement must be written by the attorney general and must consist 10 of: 11 (1) AThe title, which is a concise statement of the subject The title of the proposed amendment 12 to the constitution or referred law; 13 (2) A disclosure indicating that the amendment was proposed by the Legislature or the 14 law was referred after enactment by the Legislature; 15 (3) An objective, clear, and simple explanation that: 16 (a) Educates the voters on the purpose and effect of the proposed amendment 17 to the constitution or referred law; and 18 (b) Describes the legal consequences of the proposed amendment to the 19 constitution or referred law, including any likely exposure of the state to 20 liability if the proposed amendment to the constitution or referred law is 21 adopted; and 22 (3)(4) (4) A recitation: 23 (a) For a proposed amendment to the constitution, stating "Vote 'Yes' to adopt 24 the amendment" and "Vote 'No' to leave the Constitution as it is"; or 25 26.38.10 2 5 Underscores indicate new language. Overstrikes indicate deleted language. (b) For a referred law, stating "Vote 'Yes' to allow the Act of the Legislature to 1 become law" and "Vote 'No' to reject the Act of the Legislature. Legislature". 26.38.11 2 5 SB5 ENROLLED The explanation may not exceed two hundred words in length. 3 On the printed ballots, the title of the proposed amendment to the constitution or 4 referred law must be followed by the disclosure, the attorney general's explanation, the 5 most recent fiscal note prepared pursuant to § 2-9-32 or 2-9-30.2, and the recitation. The 6 title, disclosure, explanation, fiscal note, and recitation must be printed on the ballot in 7 the order provided by this section. 8 Section 2. That § 12-13-25.1 be AMENDED: 9 12-13-25.1. Following receipt of the written comments of the director of the 10 Legislative Research Council, the sponsors shall submit a copy of the proposed initiated 11 measure or initiated amendment to the South Dakota Constitution in final form to the 12 attorney general, the secretary of state, and the director of the Legislative Research 13 Council. 14 The attorney general shall prepare a draft statement that consists of: 15 (1) The title, which is a concise statement of the subject of the proposed initiated 16 measure or initiated amendment to the constitution; 17 (2) A disclosure indicating that the measure or amendment to the constitution was 18 proposed by a citizen-initiated petition; and 19 (3) An objective, clear, and simple explanation that: 20 (a) Educates the voters on the purpose and effect of the initiated proposed 21 measure or amendment to the constitution; and 22 (b) Describes the legal consequences of the proposed initiated measure or 23 initiated amendment to the constitution, including any likely exposure of 24 the state to liability as the result of the proposed initiated measure or 25 initiated amendment to the constitution. 26 The explanation may not exceed two hundred words in length. 27 The attorney general shall file the draft statement with the secretary of state, post 28 the draft statement on the attorney general's website, and release a press release 29 announcing a draft statement has been posted for comment within sixty days of receipt 30 of the proposed initiated measure or initiated amendment to the constitution. The attorney 31 general shall accept comments for ten days from the date the draft statement was filed. 32 The attorney general shall review all comments submitted and revise the statement in 33 response to the comments as deemed necessary. 34 26.38.10 3 5 Underscores indicate new language. Overstrikes indicate deleted language. Once the comment period has expired and any revisions have been completed, the 1 attorney general shall file the final statement with the secretary of state and shall provide 2 a copy to the sponsors within twenty days of the filing of the draft statement. 26.38.11 3 5 SB5 ENROLLED If the signatures on a petition for a proposed initiated measure or initiated 4 amendment to the constitution are filed pursuant to § 2-1-1.1 or 2-1-1.2, the attorney 5 general must deliver a recitation to the secretary of state before the third Tuesday in May. 6 The recitation for an initiated amendment to the constitution must state "Vote 'Yes' to 7 adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for 8 an initiated measure must state "Vote 'Yes' to adopt the initiated measure" and "Vote 'No' 9 to leave South Dakota law as it is". 10 On the printed ballots, the title of the proposed initiated measure or initiated 11 amendment to the constitution must be followed by the disclosure, the attorney general's 12 explanation, the most recent fiscal note prepared pursuant to § 2-9-30 or 2-9-30.2, and 13 the recitation. The title, disclosure, explanation, fiscal note, and recitation must be printed 14 on the ballot in the order provided by this section. 15 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