South Dakota deciding on abortion rights and legalize marijuana

RAPID CITY — South Dakota will decide Tuesday whether to add protections for abortion rights to the state constitution and potentially overturn the state’s abortion ban.

The abortion rights measure was in a crowded field of initiatives on the state’s general election ballot that also included the proposed legalization of marijuana for recreational use, a measure to remove the state sales tax from food, and a plan for a single, all-candidate primary election with the top two finishers for each office advancing.

Here is a look at the biggest ballot initiatives.

Voters could reverse course on abortion

The abortion measure would amend the South Dakota Constitution to bar restrictions on terminating a pregnancy during its first 12 weeks.

From the 13th through the 26th week of pregnancy, state regulations would have to be “reasonably related” to the patient’s physical health. Even after the 26th week, the state would have to permit abortions to preserve a patient’s life or health.

The ban in place since 2022 makes it a felony to perform an abortion except to save the life of the patient.

Abortion opponents still hope to have the last word even if voters approve the measure. A lawsuit filed by the Life Defense Fund is pending in state district court, and a hearing on whether the legal challenge should go forward is set for Dec. 2.

The group argues that wrongdoing by supporters who gathered voter signatures means the measure should not have been allowed on the ballot. Supporters argue that the lawsuit is a desperate attempt to thwart the will of voters.

Supporters of recreational marijuana try again

South Dakota voters were considering a pro-marijuana ballot initiative for the fifth time in eight years. That includes three proposals to legalize recreational use over the past four years.

The latest measure would legalize recreational marijuana for those 21 and older, and up to 2 ounces in a form other than concentrated cannabis or cannabis products. The measure also would allow the cultivation of plants, with restrictions.

Going into the election, 24 other states had legalized recreational use.

South Dakota voters approved a law in 2020 legalizing the medical use of marijuana, four years after rejecting the idea.

Separately in 2020, voters approved an amendment to the South Dakota Constitution to legalize recreational use, but the state Supreme Court nullified it. Voters rejected another proposal in 2022.

Some hope to give grocery buyers a break

Flush with cash, South Dakota last year dropped its sales tax from 4.5% to 4.2%. Voters now will decide whether to eliminate the tax on food.

The measure would amend the state constitution to prohibit a state tax on “anything sold for human consumption,” except alcoholic beverages and prepared food, such as restaurant meals.

The Legislature’s research staff has estimated the state would lose about $124 million in annual revenues or 5% of its general tax revenues of $2.4 billion.

Both major parties oppose a `jungle’ primary

In South Dakota, Democrats allowed voters with no political affiliation to participate in their June primary, but Republicans did not. The election initiative would amend the state constitution to end partisan primaries by having all candidates for an office run at once in what is sometimes called a “jungle primary.”

Supporters of the change argue it would make elections better reflect voters’ wishes and ensure that 155,000 voters with no party affiliation can vote for their favored candidates in a primary.

But leaders in both major political parties have criticized the proposal, arguing that candidates of the smaller Libertarian and No Labels parties would be unlikely to ever appear on the general election ballot.

In a state where the GOP holds nearly 90% of the Legislature’s seats, it’s likely that in many places all of the general election candidates would be Republicans. Meanwhile, a broader electorate could help more moderate GOP candidates at the expense of more conservative ones favored by party leaders.