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South Dakota Attorney General Files Explanation for Proposed Voter Citizenship Amendment

People voting in a gymnasium with a "Vote Here" sign. A banner reads "South Dakota Attorney General..." creating a formal mood.

Northeast Radio SD News – South Dakota - Attorney General Marty Jackley has officially filed a draft title and explanation for a proposed constitutional amendment that aims to clarify voter eligibility requirements in South Dakota. The measure, if approved by voters during the November 3, 2026, general election, would explicitly state that an individual must be a citizen of the United States to be eligible to vote in the state.


Clarifying the State Constitution

The proposal, known as Senate Joint Resolution 503 (SJR 503), was approved by the 2025 South Dakota Legislature. While Article VII, § 2 of the current South Dakota Constitution already includes citizenship, age, and residency as qualifications for voting, the proposed amendment adds a specific disqualification for non-citizens.


According to the Attorney General’s draft statement, the amendment:


·         Adds individuals who are not U.S. citizens to the list of those disqualified from voting.

·         Clarifies existing requirements to ensure only citizens may participate in state elections.

·         Maintains existing disqualifications for mental incompetence or felony convictions.

Voters will see the following choice on their 2026 ballots: “Vote ‘Yes’ to adopt the amendment” or “Vote ‘No’ to leave the Constitution as it is”.

A Neutral and Objective Summary

As required by state law, the Attorney General must provide an objective, clear, and simple summary to educate voters on the purpose and legal consequences of any proposed measure.


Attorney General Jackley emphasized that his office takes no position on the merits of the proposal. His role is strictly to provide a fair and neutral explanation to assist the public in making an informed decision at the polls.


Public Comment Period Now Open

The filing of the draft explanation on April 28, 2026, initiated a 10-day public comment period. South Dakotans are invited to provide written feedback regarding the language of the explanation (not the merits of the amendment itself) through May 8, 2026.


How to Submit Comments:

Comments must include your name and contact information and be received by the close of business on May 8.

·         By Email: Send to ATGballotcomments@state.sd.us. The comment title must be in the subject line, and comments should be in the body of the email (attachments will not be opened for security reasons).

·         By Mail or Hand Delivery:

Office of the Attorney General

Ballot Comment

1302 S.D. E. Hwy. 1889, Suite #1

Pierre, SD 57501

Following the comment period, the final version of the explanation is due to the Secretary of State on May 19, 2026.  


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