South Dakota Attorney General Marty Jackley has released draft ballot explanations for a proposed Constitutional Amendment and a proposed Initiated Measure, both entitled: Prohibiting Taxes On Anything Sold for Human Consumption.
Both draft explanations can be found on the Draft Ballot Explanations page on the Attorney General’s website. The proposed Constitutional Amendment can be found here. The proposed Initiated Measure can be found here.
State law requires the Attorney General to draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. See SDCL 12-13-9 & 12-13-25.1.
The Attorney General’s explanation is meant to be an “objective, clear, and simple summary” intended to “educate the voters of the purpose and effect of the proposed” measure, as well as identify the “legal consequences” of each measure. SDCL 12-13-9 & 12-13-25.1. Each explanation is limited to 200 words.
The public can comment on draft Attorney General explanations. Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The Attorney General must review all accepted comments and may revise the draft explanation as deemed necessary. The final explanation from the Attorney General must be filed with the Secretary of State no later than 20 days after filing the draft explanation.
For more information regarding ballot measures, please visit the Secretary of State’s website.
State law may be reviewed by visiting the Legislative Research Council webpage.
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