South Dakota 2026 Regular Session

South Dakota Senate Bill SB5

Introduced
1/13/26  
Refer
1/13/26  
Report Pass
1/16/26  
Engrossed
1/20/26  
Refer
1/22/26  
Report Pass
1/26/26  
Enrolled
1/27/26  

Caption

Require the disclosure of whether a ballot question was proposed by initiative or by the Legislature.

Impact

The implementation of SB5 is expected to alter the current legislative process regarding ballot measures. By requiring disclosures, the bill aims to educate voters about the nature of the proposals they are voting on. This may result in voters taking a more critical approach toward ballot issues, potentially influencing voting patterns. The bill also calls for a concise and clear explanation prepared by the attorney general, which will limit the explanations to no more than two hundred words—these will accompany the proposed amendments or laws on the ballot, thereby formulating a standardized method for presenting such legislative issues.

Summary

Senate Bill 5, titled 'An Act to require the disclosure of whether a ballot question was proposed by initiative or by the Legislature,' seeks to enhance transparency in the South Dakota voting process. The bill mandates that on ballots, voters be informed whether a proposed constitutional amendment or law was instituted through legislative action or by citizen initiatives. This decision aims to ensure that voters are adequately informed about the origins and implications of the measures on which they cast their votes, thereby making a more engaged electorate.

Sentiment

The sentiment surrounding SB5 appears generally supportive among legislators advocating for voter transparency and education. Proponents argue that clarifying how a ballot question came about will empower voters and foster a more informed democracy. Contrarily, there may be concerns from some quarters regarding the bill's potential implications for the speed and complexity of ballot measures, particularly if the required disclosures result in longer voting timelines or additional bureaucratic processes.

Contention

While the bill may gain traction due to its transparency initiatives, notable points of contention might arise around the interpretation of what constitutes sufficient disclosure and the adequacy of the attorney general’s explanations. Critics may argue that the required disclosures could oversimplify complex issues or introduce bias based on how information is presented. Nevertheless, advocates see it as a move toward strengthening democratic processes by giving voters the necessary context to make informed decisions.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1063

Revise the provisions for preparing a fiscal note for ballot questions.

SD HB1256

Require the inclusion of certain information on a candidate's nominating petition or on a ballot question petition.

SD SB171

Add questions about historical property to seller's disclosure statement.

SD SB91

Revise the requirements for a petition to initiate a measure or constitutional amendment or to refer a law.

SD HB1264

Require the disclosure of an outstanding loan balance on a campaign finance disclosure report.

SD HB1104

Amend the requirements for a paper ballot.

SD HJR5004

Proposing and submitting to the voters at the next general election amendments to the Constitution to the State of South Dakota, increasing the number of required signatures on a petition to initiate an amendment or measure.

SD HB1169

Modify the signature requirement for a petition to initiate a constitutional amendment.

SD HJR5006

Proposing and submitting to the voters at the next general election amendments to the Constitution of the State of South Dakota, requiring an intervening general election before consideration of an initiated constitutional amendment or initiated measure having the same subject as a previously rejected initiated amendment or measure.

SD SB106

Require an individual be registered as a voter of this state before being eligible to be a petition sponsor for a ballot measure.

Similar Bills

MT HB780

Revise statewide ballot issue laws

MT SB47

Enhance committee review of statewide ballot issues

SD HB1063

Revise the provisions for preparing a fiscal note for ballot questions.

MT SB13

Remove Supreme Court original jurisdiction for ballot review

LA HB995

Provides relative to the electronic access of videotaped statements of protected persons

AZ SCR1036

SR 1036: attorney general; public statements; disapproval

AZ SR1036

Attorney general; public statements; disapproval

AZ HR2004

Disapproval; attorney general; public statements