Your feedback ensures we stay focused on the facts that matter to you most—take our survey

South Dakota Amendment A, Appointment of Judges Measure (1980)

From Ballotpedia
Jump to: navigation, search
South Dakota Amendment A

Flag of South Dakota.png

Election date

November 4, 1980

Topic
State judiciary
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



South Dakota Amendment A was on the ballot as a legislatively referred constitutional amendment in South Dakota on November 4, 1980. It was approved.

A "yes" vote supported requiring the Governor to appoint Supreme Court justices and circuit court judges only from a list nominated by the Judicial Qualifications Commission, changing Supreme Court justice selection from election to appointment followed by retention votes, and requiring current justices to retention elections when their terms expire.

A "no" vote opposed requiring the Governor to appoint Supreme Court justices and circuit court judges only from a list nominated by the Judicial Qualifications Commission, changing Supreme Court justice selection from election to appointment followed by retention votes, and requiring current justices to retention elections when their terms expire.


Election results

South Dakota Amendment A

Result Votes Percentage

Approved Yes

158,490 53.99%
No 135,062 46.01%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment A was as follows:

A JOINT RESOLUTION, proposing and agreeing to an amendment to Section 7 of Article V of the Constitution of the State of South Dakota relating to the appointment of Supreme Court justices and circuit court judges.

This proposed constitutional amendment would:

1) limit the Governor's power to appoint persons to fill vacancies in the Circuit Court and Supreme Court bench by requiring that the Governor's appointments be made only from a list of persons nominated by the Judicial Qualifications Commission. Presently, the Governor is not legally restricted to selection from the list of the persons recommended by Commission.

2) provide the Supreme Court justices be appointed, not elected, as is presently required. After three (3) years in office, appointed Supreme Court Justices would be subject to approval or rejected at the next general election. Thereafter, Justices would be subject to approval or rejection by the voters every eight (8) years.

3) make all incumbent Supreme Court justices subject to a retention election in the general election in the year in which their current term expires.

Shall the proposed change of the Constitution be approved?


Path to the ballot

See also: Amending the South Dakota Constitution

A simple majority vote is required during one legislative session for the South Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in the South Dakota House of Representatives and 18 votes in the South Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

See also


External links

Footnotes