South Dakota Codified Laws
Chapter 13 - Constitutional Amendments And Submitted Questions
Section 12-13-9 - Attorney general's statement regarding constitutional amendment proposed by legislature or referred law.

12-13-9. Attorney general's statement regarding constitutional amendment proposed by legislature or referred law.
Before the third Tuesday in May, the attorney general shall deliver to the secretary of state an attorney general's statement for each amendment to the Constitution proposed by the Legislature, and any referred law from an odd year. The attorney general's statement for each referred law from an even year shall be delivered to the secretary of state before the second Tuesday in July. The attorney general's statement shall be written by the attorney general and shall consist of a title, an explanation, and a recitation as provided in this section. The title shall be a concise statement of the subject of the proposed amendment to the Constitution or referred law. The explanation shall be an objective, clear, and simple summary to educate the voters of the purpose and effect of the proposed amendment to the Constitution or referred law. The recitation for each proposed amendment to the Constitution shall state "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for each referred law shall state "Vote 'Yes' to allow the Act of the Legislature to become law" and "Vote 'No' to reject the Act of the Legislature". The attorney general shall include a description of the legal consequences of the proposed amendment to the Constitution or referred law, including the likely exposure of the state to liability if the proposed amendment to the Constitution or referred law is adopted. The explanation may not exceed two hundred words in length. On the printed ballots, the title shall be followed by the explanation and the explanation shall be followed, if applicable, by any cost estimate prepared pursuant to §2-9-34 or fiscal note prepared pursuant to §2-9-32 and then followed by the recitation.

Source: SL 1915, ch 181, §1; RC 1919, §7216; SL 1921, ch 219; SDC 1939, §16.1302; SL 1959, ch 99, §15; SDC Supp 1960, §16.2215; SDCL §§12-13-10, 12-13-12; SL 1971, ch 90, §§1, 2; SL 1974, ch 118, §58; SL 1976, ch 105, §30; SL 1979, ch 97, §4; SL 1994, ch 108, §8; SL 2006, ch 67, §3; SL 2007, ch 14, §2; SL 2007, ch 77, §1; SL 2009, ch 64, §10, eff. July 1, 2010; SL 2013, ch 101, §74; SL 2017, ch 16, §5; SL 2018, ch 77, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 12 - Elections

Chapter 13 - Constitutional Amendments And Submitted Questions

Section 12-13-1 - Delivery of proposed questions to county auditors--Attorney general's explanation.

Section 12-13-1.1 - Requirements for elections beginning in 2018.

Section 12-13-2 - Measures and questions to be sent to official newspapers.

Section 12-13-3 - Newspaper publication of submitted questions--Compensation--Suspension of status on failure to publish--Election valid despite refusal to publish.

Section 12-13-4 - Lettering and numbering of submitted questions.

Section 12-13-9 - Attorney general's statement regarding constitutional amendment proposed by legislature or referred law.

Section 12-13-9.1 - Availability of attorney general's explanation of proposed questions.

Section 12-13-9.2 - Action to challenge adequacy of attorney general's statement--Appeal--Time limits.

Section 12-13-11 - Materials printed on ballot in lieu of full text--Separate ballot.

Section 12-13-16 - Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor.

Section 12-13-23 - Distribution of public information.

Section 12-13-24 - Style, form, and wording of initiative or initiated amendment.

Section 12-13-25 - Review and comment--Legislative Research Council--Opinion.

Section 12-13-25.1 - Attorney general's statement--Initiated measure--Initiated amendment.

Section 12-13-25.2 - Exception to time for director's comments.

Section 12-13-26 - Unreviewed initiatives or initiated amendments unacceptable--Uncertified initiated amendments unacceptable.

Section 12-13-26.1 - Initiated amendment--Written certification by secretary of state--Resubmission.

Section 12-13-26.2 - Action to challenge the secretary of state's decision--Time limits--Promulgation of rules.

Section 12-13-27 - Special elections for constitutional amendments--Procedural changes--Reimbursement of costs.

Section 12-13-28 - Employment and compensation of petition circulators.