Four ballot measures for Nov. 3 election

Four ballot measures referred by the Legislature have been approved for the Nov. 3 general election ballot. Voters will vote either yes or no on these measures. 

Constitutional Amendment I: Expanded Medicaid repeal

Constitutional Amendment I is an amendment to the Constitution of the State of South Dakota, conditioning the requirement of expanded Medicaid on the level of federal medical assistance. It repeals expanded Medicaid coverage if federal funding for the program drops below 90 percent. 

Attorney General’s Statement 

Medicaid is a program funded by the State and the federal government to provide medical coverage for low-income children, pregnant women, disabled individuals, and the elderly. In the 2022 General Election the voters approved Constitutional Amendment D, which expanded Medicaid eligibility in South Dakota. Amendment D requires the State to also provide Medicaid benefits to anyone over the age of 18 and under 65 whose income is at or below 133 percent of the federal property level, plus five percent of the federal poverty level for the applicable family size. Currently, federal law requires the federal government to fund 90 percent of South Dakota’s Medicaid expansion.

This proposed Constitutional Amendment ends the expanded Medicaid coverage if the federal funding expansion drops below 90 percent. If federal funding drops below that 90 percent threshold, Medicaid coverage will once again only apply to low-income children, pregnant women, disabled individuals and the elderly. 

Vote “Yes” to adopt the amendment. Vote “No” to leave the Constitution as it is. 

Constitutional Amendment J: Voter eligibility

Constitutional Amendment J is an amendment to the Constitution of the State of South Dakota, clarifying that an individual must be a citizen of the United States to be eligible to vote. 

Attorney General’s Statement

Article VII, § 2 of the South Dakota Constitution defines who is qualified to vote in state elections. Among these qualifications are age, residency and United States citizenship requirements. Article VII, § 2 also establishes that individuals may be disqualified from voting because of mental incompetence or a felony conviction. 

This constitutional amendment adds people who are not United States citizens to the list of individuals disqualified from voting, clarifying the existing requirement that only citizens may vote in state elections. 

Vote “Yes” to adopt the amendment. Vote “No” to leave the constitution as it is.

Constitutional Amendment K: Unclaimed property fund

Constitutional Amendment K is an amendment to the Constitution of the State of South Dakota, establishing the trust for unclaimed property fund. 

Attorney General’s Statement

Under South Dakota statute, intangible property is presumed to be abandoned if it remains unclaimed by the owner for more than three years after it became payable or distributable. Examples of intangible property are traveler’s checks, money orders, bank deposits, refunds, stocks, funds owed under a life insurance policy and property held in a safe deposit box. Abandoned intangible property is transferred to the State Treasurer to hold while waiting for the owner to claim it. The State Treasurer must provide public notice of the abandoned property. 

This proposed constitutional amendment establishes a trust fund where unclaimed abandoned property will be deposited. Portions of the interest and income from this fund will be distributed into the general fund for the benefit of the state. This proposed amendment requires the Legislature to determine the amount to be distributed that promotes the growth of the trust fund and the distributed amount. 

Vote “Yes” to adopt the amendment. Vote “No” to leave the constitution as it is.

Constitutional Amendment L: Require 60 percent to amend Constitution

Constitutional Amendment L is an amendment to the Constitution of the State of South Dakota, requiring that a constitutional amendment receive an affirmative vote of 60 percent of the votes cast before the measure is enacted. 

Attorney General’s Statement

The State Constitution provides that any proposed constitutional amendment or revision must be submitted to the voters for approval. Currently, a proposed constitutional amendment or revision becomes part of the Constitution if approved by a majority of the votes cast. 

This proposed Constitutional Amendment increases the number of votes required for a proposed constitutional amendment or revision to become part of the Constitution. If passed, further constitutional amendments must receive an affirmative vote of 60 percent of the votes cast to be implemented. 

Vote “Yes” to adopt the amendment. Vote “No” to leave the constitution as it is.

Monday, Oct. 19 was the deadline to register or change voter registration for the general elections. Polls will be open statewide from 7 a.m. to 7 p.m. Tuesday, Nov. 3. Watch the public notice section of this publication for sample ballots and polling information. 

For more information about the four ballot measures, go to sdsos.gov/elections-voting/upcoming-elections/general-information/2026%20Election%20Information/2026-ballot-questions.aspx.