Update: House Joint Resolution 5003 was certified by the Secretary of State. 

Background: House Joint Resolution 5003 would place a constitutional amendment on the general election ballot in 2026 to ask voters to raise the threshold for passing amendments to the state constitution from a simple majority to 60%.

Our position: The ACLU opposes House Joint Resolution 5003.

South Dakotans are well-versed in direct democracy. The state was the first in the nation to adopt an initiative and referendum process in 1898, giving citizens the power to propose and approve laws under which they live. In 1972, citizens were given the ability to petition for constitutional amendments to be added to the ballot.

House Joint Resolution 5003 would make it harder to pass constitutional amendments. South Dakotans only use the citizen initiative process if the state legislature is not accountable to the voters. Our legislators should be doing everything they can to encourage people to participate in democracy, not try to thwart it.

Sponsors

Reps. Hughes (prime), Aylward, Ismay, Jordan, Jorgenson, Mulally, Mulder, Rice, and Sjaarda, and Sens. Peterson (Sue) (prime), Carley, Grove, Jensen (Kevin), Mehlhaff, and Perry

Status

Certified by Secretary of State

Session

2025

Bill number

Position

Oppose