South Dakota Constitutional Amendment E, Gender-Neutral Constitutional Language Amendment (2024)
 |
U.S. House • State executive offices • State Senate • State House • Supreme court • State ballot measures • Local ballot measures • Municipal • How to run for office |
 |
| South Dakota Constitutional Amendment E | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Constitutional language | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
South Dakota Constitutional Amendment E, the Gender-Neutral Constitutional Language Amendment, was on the ballot in South Dakota as a legislatively referred constitutional amendment on November 5, 2024. The ballot measure was defeated.
A "yes" vote supports amending the text of the South Dakota Constitution to change male pronouns to gender-neutral terms or titles. |
A "no" vote opposes amending the text of the South Dakota Constitution to change male pronouns to gender-neutral terms or titles. |
Election results
|
South Dakota Constitutional Amendment E |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 180,365 | 42.62% | ||
|
|
242,866 | 57.38% | ||
Overview
How would this measure have changed the South Dakota Constitution?
- See also: Text of measure
This amendment would have removed gender-specific language in the state constitution and replaced it with gender-neutral language. Specifically, the measure would have replaced male pronouns with gender-neutral terms or the titles of offices referenced. For example, text would have been amended to read the Governor may rather than he may.[1]
Did other state constitutions use gender neutral language?
As of 2024, nine state constitutions—California, Delaware, Hawaii, Maine, New York, North Carolina, Rhode Island, Utah, and Vermont—used gender-neutral language (for example: the officeholder's duties or their duties), or used both male and female pronouns in conjunction when referencing an individual or officeholder (for example: his or her duties). Of these eight state constitutions, California, Hawaii, New York, and Vermont used entirely gender-neutral language, while Delaware, Maine, North Carolina, Rhode Island, and Utah used either gender-neutral language, or use both male and female pronouns together when referencing an individual or officeholder.[2]
Forty-one state constitutions had at least one instance where a male pronoun is used to reference an individual or officeholder.[2]
Did voters in other states amend their constitutions to use gender-neutral language?
Since 1974, there were 10 measures on state ballots to amend state constitutions to replace male pronouns with male and female pronouns in conjunction or with gender-neutral language. Of these 10 measures, six were approved. California was the first state where voters approved a measure to amend their constitution to use gender-neutral language in 1974. The most recent ballot measure to be approved by voters was in 2020, when Utah voters approved a measure to remove gendered language in the Utah Constitution and replace it with gender-neutral language.
How did this amendment get on the ballot?
- See also: Path to the ballot
The amendment was introduced in the South Dakota State Senate as Senate Joint Resolution 505 (SJR 505) and was first read in the Senate on January 26, 2023. The amendment passed the Senate by 35-0 on February 6, 2023. The amendment then went to the House of Representatives, where it passed by 58-12 on February 28, 2023.[3]
Text of measure
Ballot title
The official ballot title was as follows:[4]
| “ |
Title: An Amendment to the South Dakota Constitution Updating Gender References for Certain Officeholders and Persons. Attorney General Explanation: The South Dakota Constitution became effective upon the State joining the United States in 1889. The generic male pronouns he, his, and him are used in the text of the State Constitution to reference certain officeholders or individuals. This amendment changes the text of the State Constitution to remove the use of generic male pronouns when referencing certain officeholders or individuals. For example, when referencing the Governor, instead of saying "he shall be commander-in-chief of the armed forces of the state," the text will be changed to read “the Governor shall be commander-in-chief of the armed forces of the state." The amendment makes similar changes to other references to the Governor, as well as to references to other officeholders including Lieutenant Governor, Supreme Court Justices, and Circuit Court Judges. The amendment also makes similar changes to references in the Constitution to general classes of people such as persons, electors, and public officers. Vote "Yes" to adopt the amendment. Vote "No" to leave the Constitution as it is. [5] |
” |
Constitutional changes
- See also: South Dakota Constitution
The ballot measure would have amended multiple sections of the South Dakota Constitution. The following underlined text would have been added and struck-through text would be deleted:[1]
Note: Hover over the text and scroll to see the full text.
Article IV, Section 3: Powers and Duties of the Governor
The Governor shall be responsible for the faithful execution of the law. He The Governor may, by appropriate action or proceeding brought in the name of the state, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty or right by any officer, department or agency of the state or any of its civil divisions. This authority shall not authorize any action or proceedings against the Legislature.
He The Governor shall be commander-in-chief of the armed forces of the state, except when they shall be called into the service of the United States, and may call them out to execute the laws, to preserve order, to suppress insurrection or to repel invasion.
The Governor shall commission all officers of the state. He The Governor may at any time require information, in writing or otherwise, from the officers of any administrative department, office or agency upon any subject relating to the respective offices.
The Governor shall at the beginning of each session, and may at other times, give the Legislature information concerning the affairs of the state and recommend the measures he the Governor considers necessary.
The Governor may convene the Legislature or either house thereof alone in special session by a proclamation stating the purposes of the session, and only business encompassed by such purposes shall be transacted.
Whenever a vacancy occurs in any office and no provision is made by the Constitution or laws for filling such vacancy, the Governor shall have the power to fill such vacancy by appointment.
The Governor may, except as to convictions on impeachment, grant pardons, commutations, and reprieves, and may suspend and remit fines and forfeitures.
Article IV, Section 5: Powers and Duties of Lieutenant Governor
The lieutenant governor shall be president of the senate but shall have no vote unless the senators be equally divided. The lieutenant governor shall perform the duties and exercise the powers that may be delegated to him the lieutenant governor by the Governor.
Article IV, Section 8: Reorganization
All executive and administrative offices, boards, agencies, commissions and instrumentalities of the state government and their respective functions, powers and duties, except for the office of Governor, lieutenant governor, attorney general, secretary of state, auditor, treasurer, and commissioner of school and public lands, shall be allocated by law among and within not more than twenty-five principal departments, organized as far as practicable according to major purposes, by no later than July 1, 1974. Subsequently, all new powers or functions shall be assigned to administrative offices, agencies and instrumentalities in such manner as will tend to provide an orderly arrangement in the administrative organization of state government. Temporary commissions may be established by law and need not be allocated within a principal department.
Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of their functions, powers and duties, as he the Governor considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the Legislature within five legislative days after it convenes, and shall become effective, and shall have the force of law, within ninety days after submission, unless disapproved by a resolution concurred in by a majority of all the members of either house.
Article V, Section 5: Jurisdiction of Courts
The Supreme Court shall have such appellate jurisdiction as may be provided by the Legislature, and the Supreme Court or any justice thereof may issue any original or remedial writ which shall then be heard and determined by that court. The Governor has authority to require opinions of the Supreme Court upon important questions of law involved in the exercise of his the Governor's executive power and upon solemn occasions.
The circuit courts have original jurisdiction in all cases except as to any limited original jurisdiction granted to other courts by the Legislature. The circuit courts and judges thereof have the power to issue, hear and determine all original and remedial writs. The circuit courts have such appellate jurisdiction as may be provided by law.
Imposition or execution of a sentence may be suspended by the court empowered to impose the sentence unless otherwise provided by law.
Article V, Section 6: Qualifications of Judicial Personnel
Justices of the Supreme Court, judges of the circuit courts and persons presiding over courts of limited jurisdiction must be citizens of the United States, residents of the state of South Dakota and voting residents within the district, circuit or jurisdiction from which they are elected or appointed. No Supreme Court justice shall be deemed to have lost his lose voting residence in a district by reason of his removal because the justice moved to the seat of government in the discharge of his the justice's official duties. Justices of the Supreme Court and judges of circuit courts must be licensed to practice law in the state of South Dakota.
Article V, Section 7: Judicial Selection
Circuit court judges shall be elected in a nonpolitical election by the electorate of the circuit each represents for an eight-year term.
A vacancy, as defined by law, in the office of a Supreme Court justice or circuit court judge, shall be filled by appointment of the Governor from one of two or more persons nominated by the judicial qualifications commission. The appointment to fill a vacancy of a circuit court judge shall be for the balance of the unexpired term; and the appointment to fill a vacancy of a Supreme Court justice shall be subject to approval or rejection as hereinafter set forth.
Retention of each Supreme Court justice shall, in the manner provided by law, be subject to approval or rejection on a nonpolitical ballot at the first general election following the expiration of three years from the date of his the appointment. Thereafter, each Supreme Court justice shall be subject to approval or rejection in like manner every eighth year. All incumbent Supreme Court justices at the time of the effective date of this amendment shall be subject to a retention election in the general election in the year in which their respective existing terms expire.
Article V, Section 8: Selection of the Chief Justice
The chief justice shall be selected from among the justices of the Supreme Court for a term and in a manner to be provided by law. The chief justice may resign his office the office of chief justice without resigning from the Supreme Court.
Article V, Section 9: Qualifications Commission
The Legislature shall provide by law for the establishment of a judicial qualifications commission which have such powers as the Legislature may provide, including the power to investigate complaints against any justice or judge and to conduct confidential hearings concerning the removal or involuntary retirement of a justice or judge. The Supreme Court shall prescribe by rule the means to implement and enforce the powers of the commission. On recommendation of the judicial qualifications commission the Supreme Court, after hearing, may censure, remove or retire a justice or judge for action which constitutes willful misconduct in office, willful and persistent failure to perform his official duties, habitual intemperance, disability that seriously interferes with the performance of the duties or conduct prejudicial to the administration of justice which brings a judicial office into disrepute. No justice or judge shall sit in judgment in any hearing involving his the justice's or judge's own removal or retirement.
Article V, Section 10: Restrictions
During his term of office While in office, no Supreme Court justice or circuit court judge shall engage in the practice of law. Any Supreme Court justice or circuit court judge who becomes a candidate for an elective nonjudicial office shall thereby forfeit his the justice's or judge's judicial office.
Article V, Section 11: Administration
The chief justice is the administrative head of the unified judicial system. The chief justice shall submit an annual consolidated budget for the entire unified judicial system, and the total cost of the system shall be paid by the state. The Legislature may provide by law for the reimbursement to the state of appropriate portions of such cost by governmental subdivisions. The Supreme Court shall appoint such court personnel as it deems necessary to serve at its pleasure.
The chief justice shall appoint a presiding circuit judge for each judicial circuit to serve at the pleasure of the chief justice. Each presiding circuit judge shall have such administrative power as the Supreme Court designates by rule and may, unless it be otherwise provided by law, appoint judicial personnel to courts of limited jurisdiction to serve at his the pleasure of the presiding circuit judge. Each presiding circuit judge shall appoint clerks and other court personnel for the counties in his the presiding judge's circuit who shall serve at his the pleasure of the presiding judge at a compensation fixed by law. Duties of clerks shall be defined by Supreme Court rule.
The chief justice shall have power to assign any circuit judge to sit on another circuit court, or on the Supreme Court in case of a vacancy or in place of a justice who is disqualified or unable to act. The chief justice may authorize a justice to sit as a judge in any circuit court.
The chief justice may authorize retired justices and judges to perform any judicial duties to the extent provided by law and as directed by the Supreme Court.
Article VI, Section 3:
Freedom of Religion--Support of Religion Prohibited
The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his the person's religious opinions; but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the state.
No person shall be compelled to attend or support any ministry or place of worship against his the person's consent nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.
Article VI, Section 7:
Rights of Accused
In all criminal prosecutions the accused shall have the right to defend in person and by counsel; to demand the nature and cause of the accusation against him the accused; to have a copy thereof; to meet the witnesses against him the accused face to face; to have compulsory process served for obtaining witnesses in his on the accused's behalf, and to a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Article VI, Section 9:
Self-Incrimination--Double Jeopardy
No person shall be compelled in any criminal case to give evidence against himself the person or be twice put in jeopardy for the same offense.
Article VI, Section 20: Courts Open--Remedy for Injury
All courts shall be open, and every man person for an injury done him in his to the person's property, person or reputation, shall have remedy by due course of law, and right and justice, administered without denial or delay.
Article VII, Section 2:
Voter Qualification
Every United States citizen eighteen years of age or older who has met all residency and registration requirements shall be entitled to vote in all elections and upon all questions submitted to the voters of the state unless disqualified by law for mental incompetence or the conviction of a felony. The Legislature may by law establish reasonable requirements to insure ensure the integrity of the vote.
Each elector who qualified to vote within a precinct shall be entitled to vote in that precinct until he the elector establishes another voting residence. An elector shall never lose his residency for voting solely by reason of his the elector's absence from the state.
Article VIII, Section 9:
Lease of School Lands
Lease of school lands. The lands mentioned in this article shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction after notice as hereinbefore provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in advance, and no term of lease shall exceed five years, nor shall any lease be valid until it receives the approval of the Governor.
Provided, that any lessee of school and public lands shall, at the expiration of a five-year lease, be entitled, at his the lessee's option, to a new lease for the land included in his the lessee's original lease, for a period of time not exceeding five years, without public advertising, at the current rental prevailing in the county in which such land is situated, at the time of the issuance of the new lease. The commissioner of school and public lands shall notify by registered mail each lessee or assignee on or before the first day of November first preceding the expiration of his the lessee's lease that such lease will expire.
Such option shall be exercised by the lessee by notifying the commissioner of school and public lands by registered mail, on or before the first day of December first preceding the expiration of his the lessee's lease describing the lands for which he the lessee's desires a new lease, in the same manner as the same is described in his the lessee's original lease. The Legislature may provide by appropriate legislation for the payment of local property taxes by the lessees of school and public lands.
Article XII, Section 3:
Extra Compensation Prohibited--Unauthorized Contracts--Change in Compensation of Officers--Appropriations for Defense of State
The Legislature shall never grant any extra compensation to any public officer, employee, agent or contractor after the services shall have been rendered or the contract entered into, nor authorize the payment of any claims or part thereof created against the state, under any agreement or contract made without express authority of law, and all such unauthorized agreements or contracts shall be null and void; nor shall the compensation of any public officer be increased or diminished during his the officer's term of office: provided, however, that the Legislature may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion
Article XII, Section 4:
Annual Statement Required
An itemized statement of all receipts and expenditures of the public moneys shall be published annually in such manner as the Legislature shall provide, and such statement shall be submitted to the Legislature at the beginning of each regular session by the Governor with his the Governor's message
Article XVI, Section 5:
Suspension of Duties Between Impeachment and Acquittal
No officer shall exercise the duties of his the office after he shall have been the officer is impeached and before his the officer's acquittal.
Article XVI, Section 7:
Service of Copy of Impeachment Before Trial Required
No person shall be tried on impeachment before he shall have been being served with a copy thereof at least twenty days previous to the day set for trial.
Article XVII, Section 5: Casting of Votes for Directors or Managers
In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his the member's or shareholder's votes for one candidate, or distribute them upon two or more candidates, as he may prefer.
Article XX, Section 3:
Election Between Two Places with Highest Votes if Majority Vote Not Received
Should no place voted for at said election have a majority of all votes cast upon this question, the Governor shall issue his a proclamation for an election to be held in the same manner at the next general election to choose between the two places having received the highest number of votes cast at the first election on this question. This election shall be conducted in the same manner as the first election for the permanent seat of government, and the place receiving the majority of all votes cast upon this question shall be the permanent seat of government
Article XXI, Section 2:
Salary of Constitutional Officers
The Legislature by two-thirds vote of each branch thereof at any regular session may fix the salary of any or all constitutional officers including members of the Legislature. In fixing any such salary the Legislature shall determine the effective date thereof and may in its discretion decrease or increase the salary of any officer during his the officer's term.
Article XXI, Section 3:
Oath of Office
Every person elected or appointed to any office in this state, except such inferior offices as may be by law exempted, shall, before entering upon the duties thereof, take an oath or affirmation to support the Constitution of the United States and of this state, and faithfully to discharge the duties of his the office.
Readability score
- See also: Ballot measure readability scores, 2024
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 17, and the FRE is 0. The word count for the ballot title is 15.
The FKGL for the ballot summary is grade level 15, and the FRE is 31. The word count for the ballot summary is 155.
Support
Supporters
Officials
- State Sen. Erin Tobin (R)
- State Rep. Becky Drury (R)
- State Rep. Jess Olson (R)
Political Parties
Arguments
Opposition
Opponents
Officials
- State Rep. Elizabeth May (R)
- State Rep. Bethany Soye (R)
Arguments
Campaign finance
Ballotpedia has not identified ballot measure committees registered to support or oppose the ballot measure.[6]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Polls
- See also: 2024 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
| South Dakota Constitutional Amendment E, Gender-Neutral Constitutional Language Amendment (2024) | ||||||
|---|---|---|---|---|---|---|
| South Dakota News Watch | 10/12/24-10/26/24 | 500 RV | ± 3.3% | 30% | 66.6% | 3.4% |
| Question: "How will you vote on removing male-only references in constitution?" | ||||||
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.
Background
Gender-specific language in state constitutions
As of 2023, nine state constitutions used gender-neutral language or used both male and female pronouns when referencing an individual or officeholder. Forty-one state constitutions used at least one male pronoun when referencing an individual or officeholder that could theoretically be male or female.[2]
As of 2023, out of the nine state constitutions that used gender-neutral language, four state constitutions—California, Hawaii, New York, and Vermont—were entirely gender-neutral and did not use male or female pronouns. The other five state constitutions—Delaware, Maine, North Carolina, Rhode Island, and Utah—used either gender-neutral language, or used both male and female pronouns together when referencing an individual or officeholder.[2]
The map below shows the use of gendered language and pronouns in state constitutions as of 2023.
Amendments to use gender-neutral language in state constitutions
The following measures were proposed to amend state constitutions to use gender-neutral language. Some of these measures did not make changes to all gendered pronouns in the constitution, but made changes to some gendered pronouns. Of the ten proposed measures, six were approved. The measures are listed below:
- Utah Constitutional Amendment A, Gender-Neutral Constitutional Language Amendment (2020)
- New York Gender-Neutral Language Amendment, Proposal 1 (2001)
- Nebraska Gender Neutral State Constitution, Amendment 2 (2000)
- New Hampshire Gender-Neutral Language Amendment (1998)
- Wisconsin Gender-Neutral Language in State Constitution, Amendment 2 (April 1995)
- Maine Removal of Gender Biased Constitutional Language, Question 7 (1988)
- Maryland Gender Neutral Reference in the Maryland Constitution, Question 1 (1982)
- Wisconsin Gender Neutral Wording Amendment, Question 1 (1982)
- New Hampshire Constitution Bill of Rights Gender-Neutral Language Amendment (1980)
- California Proposition 11, Gender-Neutral Language in State Constitution (1974)
Path to the ballot
Amending the South Dakota Constitution
- 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.
Amendment in the state legislature
- On February 6, 2023, the South Dakota State Senate voted 35-0 to pass the amendment.[3]
- On February 28, 2023, the South Dakota House of Representatives voted 58-12 to pass the amendment.[3]
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
How to cast a vote
- See also: Voting in South Dakota
See below to learn more about current voter registration rules, identification requirements, and poll times in South Dakota.
See also
External links
Footnotes
- ↑ 1.0 1.1 South Dakota Legislature, "Senate Joint Resolution 505," accessed March 21, 2023
- ↑ 2.0 2.1 2.2 2.3 Ballotpedia, "List of state constitutions," accessed March 21, 2023
- ↑ 3.0 3.1 3.2 South Dakota Legislature, "Senate Joint Resolution 505," accessed February 8, 2023
- ↑ South Dakota Secretary of State, "2024 Ballot Questions," accessed September 13, 2024
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ South Dakota Campaign Finance Reporting System, "Search," accessed March 21, 2023
- ↑ South Dakota Secretary of State, “General Voting Information,” accessed July 23, 2024
- ↑ 8.0 8.1 8.2 South Dakota Secretary of State, “Register to Vote, Update Voter Registration or Cancel Voter Registration,” accessed July 23, 2024
- ↑ 9.0 9.1 NCSL, "State Profiles: Elections," accessed July 23, 2024
- ↑ 2025 South Dakota Legislature, "HB 1066," accessed April 2, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 12.0 12.1 South Dakota Secretary of State, "General Voting Information," accessed July 23, 2024
 |
State of South Dakota Pierre (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
