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2024 South Dakota Amendment H

2024 South Dakota Amendment H

November 5, 2024

Top-Two Open Primary Elections Initiative

Elections in South Dakota
Federal government Presidential elections 1892 1896 1900 1904 1908 1912 1916 1920 1924 1928 1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012 2016 2020 2024 Presidential primaries Democratic 2004 2008 2016 2020 Republican 2008 2016 U.S. Senate elections 1889 1891 1894 1897 1901 1903 1903 sp 1907 1909 1913 1914 1918 1920 1924 1926 1930 1932 1936 1938 1938 sp 1942 1944 1948 1950 1954 1956 1960 1962 1966 1968 1972 1974 1978 1980 1984 1986 1990 1992 1996 1998 2002 2004 2008 2010 2014 2016 2020 2022 2026 U.S. House elections 1889 1890 1891 AL sp 1892 1894 1896 1898 1900 1902 1904 1906 1908 AL sp 1910 1912 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1942 1944 1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 AL sp 2006 2008 2010 2012 2014 2016 2018 2020 2022
State government General elections 2010 2014 2018 2020 2022 Gubernatorial elections 1889 1890 1892 1894 1896 1898 1900 1902 1904 1906 1908 1910 1912 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1942 1944 1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014 2018 2022 Secretary of State elections 2022 Attorney General elections 2018 2022 Senate elections 2020 2022 House of Representatives elections 2020 2022
Ballot measures 2006 Amendment C 2008 Measure 9 Measure 10 2020 Amendment A Measure 26 2024 Amendment G
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South Dakota Amendment H is a proposed constitutional amendment that will appear on the ballot on November 5, 2024. If passed, the amendment would establish a top-two or nonpartisan blanket primaries for state partisan elections.^[1] The deadline to submit signatures for constitutional referendums was May 7, with the top-two initiative being certified for the ballot on May 21.^[2] In a top-two primary, all candidates regardless of party will appear on the same primary ballot, and the top two candidates will face off in the general election. As of May 2024, five states use a top-two primary or some variation: California, Louisiana (known as a "Louisiana primary"), Nebraska, and Washington state, and, most recently, Alaska in 2020.^[3]

Text[edit]

Be it enacted by the People of South Dakota:^[4]
That Article VII of the Constitution of South Dakota be amended by adding a NEW SECTION to read:

§ 4. A primary election held for the office of governor, a legislative office, a county office, the United States Senate, or the United States House of Representative shall be open to all candidates and all qualified voters without regard to the candidates' or voters' party registration or affiliation, or lack thereof.

In a primary election covered by this section, each candidate must be listed on a single primary ballot regardless of the candidate's political party. A voter may vote for any primary candidate regardless of the voter's party affiliation or lack thereof. The two candidates receiving the highest number of votes cast in a primary election advance to the general election. If more than one candidate is to be elected to an office at the general election, the number of candidates advancing from the primary election is twice the number to be elected in the general election.

The general election ballot may only include those candidates advancing from the primary election. The legislature may, by law, establish procedures for replacing a candidate who advanced from the primary election but will not participate in the general election due to death, withdrawal from the race, or disqualification.

A candidate may select the name of a political party to be listed next to the candidate's name on the primary ballot. The same political party designation shall appear next to the candidate's name on the general election ballot if the candidate advances to the general election.

Both the primary and general election ballots must state that a candidate's indicated political party designation does not constitute or imply an endorsement of the candidate by the political party designated.

The legislature may establish any necessary procedures to implement this section.

If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity will not affect any other provision or application of the section that can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.

Polling[edit]

See also[edit]

• 2024 South Dakota Amendment G

References[edit]