Constitutional Amendment
Color Code: Highlights in red; Majority requirements in bold.
Article XXIII
AMENDMENTS AND REVISIONS OF THE CONSTITUTION
§ 1. Amendments.
Amendments to this Constitution may be proposed by initiative or by a majority vote of all members of each house of the Legislature. An amendment proposed by initiative shall require a petition signed by qualified voters equal in number to at least ten percent of the total votes cast for Governor in the last gubernatorial election. The petition containing the text of the proposed amendment and the names and addresses of its sponsors shall be filed at least one year before the next general election at which the proposed amendment is submitted to the voters. A proposed amendment may amend one or more articles and related subject matter in other articles as necessary to accomplish the objectives of the amendment.
History: Amendment proposed by SL 1963, ch 342, rejected Nov. 3, 1964; amendment proposed by SL 1970, ch 6, rejected Nov. 3, 1970; amendment proposed by SL 1972, ch 4, approved Nov. 7, 1972.
§ 2. Revision.
A convention to revise this Constitution may be called by a three-fourths vote of all the members of each house. The calling of a constitutional convention may be initiated and submitted to the voters in the same manner as an amendment. If a majority of the voters voting thereon approve the calling of a convention, the Legislature shall provide for the holding thereof. Members of a convention shall be elected on a nonpolitical ballot in the same districts and in the same number as the house of representatives. Proposed amendments or revisions approved by a majority of all the members of the convention shall be submitted to the electorate at a special election in a manner to be determined by the convention.
History: Amendment proposed by SL 1915, ch 236, rejected Nov., 1916; amendment proposed by SL 1972, ch 4, approved Nov. 7, 1972.
§ 3. Ratification.
Any constitutional amendment or revision must be submitted to the voters and shall become a part of the Constitution only when approved by a majority of the votes cast thereon. The Legislature may provide for the withdrawal by its sponsors of an initiated amendment at any time prior to its submission to the voters.
History: 1889 Const., art. XXIII, § 1; amendment proposed by SL 1963, ch 342, rejected Nov. 3, 1964; amendment proposed by SL 1970, ch 6, rejected Nov. 3, 1970; amendment proposed by SL 1972, ch 4, approved Nov. 7, 1972.
Article III
LEGISLATIVE POWER–INITIATIVE AND REFERENDUM
§ 1. Legislative power–Initiative and referendum. The legislative power of the state shall be vested in a Legislature which shall consist of a senate and house of representatives. However, the people expressly reserve to themselves the right to propose measures, which shall be submitted to a vote of the electors of the state, and also the right to require that any laws which the Legislature may have enacted shall be submitted to a vote of the electors of the state before going into effect, except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions. Not more than five percent of the qualified electors of the state shall be required to invoke either the initiative or the referendum.
This section shall not be construed so as to deprive the Legislature or any member thereof of the right to propose any measure. The veto power of the Executive shall not be exercised as to measures referred to a vote of the people. This section shall apply to municipalities. The enacting clause of all laws approved by vote of the electors of the state shall be: “Be it enacted by the people of South Dakota.” The Legislature shall make suitable provisions for carrying into effect the provisions of this section.
History: Amendment proposed by SL 1897, ch 39, approved Nov. 8, 1898; amendment proposed by SL 1913, ch 132, rejected Nov. 3, 1914; amendment proposed by SL 1921, ch 146, rejected Nov., 1922; amendment proposed by SL 1969, ch 242, rejected Nov. 3, 1970; amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976; amendments proposed by SL 1980, chs 2 and 3, rejected Nov. 4, 1980; amendment proposed by SL 1987, ch 1, approved November 8, 1988.
Article VI
BILL OF RIGHTS
§ 1. Inherent rights. All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.
§ 26. Power inherent in people–Alteration in form of government–Inseparable part of Union. All political power is inherent in the people, and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. And the state of South Dakota is an inseparable part of the American Union and the Constitution of the United States is the supreme law of the land.