South Dakota Constitutional Amendment G, Right to Abortion Initiative (2024)

South Dakota Constitutional Amendment G
Election date November 5, 2024
Topic Abortion
Status On the ballot
Type Constitutional amendment	Origin Citizens

South Dakota Constitutional Amendment G, the Right to Abortion Initiative, is on the ballot in South Dakota as an initiated constitutional amendment on November 5, 2024.

A "yes" vote supports providing a trimester framework for regulating abortion in the South Dakota Constitution: During the first trimester of pregnancy, the state would be prohibited from regulating a woman's decision to have an abortion. During the second trimester of pregnancy, the state may regulate abortion, but "only in ways that are reasonably related to the physical health of the pregnant woman."  During the third trimester of pregnancy, the state may regulate or prohibit abortion, except "when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life and health of the pregnant woman."

A "no" vote opposes regulating abortion in the South Dakota Constitution.

Additional information on abortion-related ballot measures

As of June 9, 2024, four statewide ballot measures related to abortion were certified for the ballot in 2024.

• You can find a list of 2024's certified and proposed measures here: 2023 and 2024 abortion-related ballot measures.

• Information on abortion-related ballot measures since 1970 is available here: History of abortion ballot measures.

Overview

What will Constitutional Amendment G do regarding abortion in the state?

See also: Text of measure

Constitutional Amendment G would provide a trimester framework for legalizing and regulating abortion in the South Dakota Constitution.

During the first trimester of pregnancy, the state would be prohibited from regulating a woman's decision to have an abortion. During the second trimester of pregnancy, the state may regulate abortion, but "only in ways that are reasonably related to the physical health of the pregnant woman." And during the third trimester of pregnancy, the state may regulate or prohibit abortion, except "when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life and health of the pregnant woman."

What is the status of abortion in South Dakota?

See also: Status of abortion in South Dakota

In South Dakota, abortion is banned except to save the life of the mother. Following the 2022 Dobbs v. Jackson Women’s Health Organization U.S. Supreme Court decision which overturned Roe v. Wade, a 2005 law that passed in South Dakota came into effect, which banned abortion except to save the life of the mother. In 2023, South Dakota passed an exception to the abortion ban, which establishes that the person who receives the unlawful abortion shall not be held criminally liable. South Dakota law also mandates a 72 hour waiting period and counseling prior to an abortion. It also requires that a parent or legal guardian of a minor must be notified 48 hours prior to the minor's abortion, or that a judge must approve a petition for the minor to have an abortion without parental notification. South Dakota law also prohibits public funding for abortion.

How does this initiative fit into the abortion ballot measure landscape?

See also: History of abortion ballot measures

Since the 2022 Dobbs v. Jackson Women’s Health Organization decision, seven ballot measures addressing abortion have been on the ballot, with 2022 having the highest number of abortion ballot measures on record in a single year. Four measures—in Vermont, Michigan, California in 2022, and Ohio in 2023—were sponsored by campaigns that described themselves as pro-choice and created state constitutional rights to abortion. All four measures were approved. Three measures—in Kansas, Kentucky, and Montana—were sponsored by campaigns describing themselves as pro-life and were designed to explicitly provide that there is no right to abortion in the state constitution. All three were defeated.

In 2024, voters in three other states—Colorado, Florida, and Maryland—will decide on abortion-related ballot measures.

Who is behind the campaigns surrounding Constitutional Amendment G?

See also: Support and opposition

Dakotans for Health is leading the campaign in support of the initiative. Rick Weiland, chairman of Dakotans for Health, said, "The Freedom Amendment is about empowering individuals to make deeply personal decisions about their own bodies and futures. Every woman deserves the freedom to choose whether to terminate or continue a pregnancy.".

Life Defense Fund is leading the campaign opposing the initiative. The campaign said, "The proposed South Dakota Abortion Constitutional Amendment would be one of the most extreme abortion laws in the nation. The Abortion Amendment would legalize painful, late-term abortion, all the way to the point of birth."

Text of measure

Constitutional changes

See also: Article VI, South Dakota Constitution

The ballot initiative would add a new section to Article VI of the South Dakota Constitution, which is the state's Bill of Rights. The following underlined language would be added:

Before the end of the first trimester, the State may not regulate a pregnant woman's abortion decision and its effectuation, which must be left to the judgment of the pregnant woman. After the end of the first trimester and until the end of the second trimester, the State may regulate the pregnant woman's abortion decision and its effectuation only in ways that are reasonably related to the physical health of the pregnant woman. After the end of the second trimester, the State may regulate or prohibit abortion, except when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life and health of the pregnant woman.

Support

Dakotans for Health is leading the campaign in support of the initiative.

Arguments

• Rick Weiland, chairman of Dakotans for Health: "We’re trying to restore the rights that women have had for the last 50 years. And that’s why we have used the actual language of Roe v. Wade for the amendment."

Opposition

Life Defense Fund is leading the campaign opposing the initiative.

Opponents

Officials

• State Rep. Jon Hansen (R)

Arguments

• Tim Stanley, vice president of public affairs of Planned Parenthood North Central States: "Constitutional amendments are serious and expensive undertakings that must be initiated after due diligence and input from those who would be impacted the most. As the sole abortion provider in South Dakota for more than 30 years, Planned Parenthood is acutely aware of the impact policy language can have on patients’ lives. We stand with our partners at ACLU of South Dakota and do not support the amendment as drafted because we don’t believe it will adequately reinstate the right to abortion in South Dakota."

Campaign finance

See also: Campaign finance requirements for South Dakota ballot measures

The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through December 31, 2023. The deadline for the next scheduled reports is October 21, 2024.

Dakotans for Health is the campaign registered to support the amendment. Life Defense Fund is the campaign registered to oppose the amendment.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$310,485.99	$0.00	$310,485.99	$278,691.05	$278,691.05
Oppose	$267,008.82	$0.00	$267,008.82	$248,252.58	$248,252.58

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 Right to Abortion Amendment (2024)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

South Dakota News Watch	11/27/23-11/29/23	500 RV	± 4.5%	45.6%	43.6%	10.8%
	Question: "Do you support or oppose a constitutional amendment that would allow for abortions during the first trimester?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Status of abortion in South Dakota

In South Dakota, abortion is banned except to save the life of the mother. Following the Dobbs v. Jackson Women’s Health Organization U.S. Supreme Court decision which overturned Roe v. Wade, a law that was enacted in 2005, § 22-17-5.1, came back into effect. In 2023, South Dakota enacted a law creating an exception to the abortion ban as it applies to the pregnant woman, and that a person who receives an unlawful abortion shall not be held criminally liable.

South Dakota law mandates a 72 hour waiting period (excluding weekends and annual holidays) and counseling prior to an abortion. It also requires that a parent or legal guardian must be notified 48 hours prior to a minor’s abortion, or that a judge must approve a minor’s petition without parental notification. South Dakota law also prohibits public funding for abortion.

U.S. Supreme Court rulings on abortion

Dobbs v. Jackson Women’s Health Organization (2022)

See also: Dobbs v. Jackson Women’s Health Organization

In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United States agreed to hear the case.

On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.

Roe v. Wade (1973)

In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."

The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.

Abortion regulations by state

As of May 31, 2024, 41 states restricted abortions after a certain point in pregnancy. The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

• Fourteen states restrict abortion after conception
• Three states restricts abortion at six weeks post-fertilization
• Two states restrict abortion at 12 weeks post-fertilization
• One state restricts abortion at 15 weeks post-fertilization
• One state restricts abortion at 18 weeks since the last menstrual period
• Four states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
• Four states restrict abortion at 24 weeks since the last menstrual period
• Eleven states restrict abortion at fetal viability
• One state restricts abortion in the third trimester

The map and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

1. Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.
2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.
3. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."
4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.
5. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.
6. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.

State abortion restrictions based on stage of pregnancy
State	Does the state restrict abortion after a specific point in pregnancy?	Threshold for restriction
Alabama	Yes	Conception
Alaska	No	None
Arizona	Yes	15 weeks since last menstrual period
Arkansas	Yes	Conception
California	Yes	Fetal viability
Colorado	No	None
Connecticut	Yes	Fetal viability
Delaware	Yes	Fetal viability
Florida	Yes	Six weeks post-fertilization
Georgia	Yes	Six weeks post-fertilization
Hawaii	Yes	Fetal viability
Idaho	Yes	Conception
Illinois	Yes	Fetal viability
Indiana	Yes	Conception
Iowa	Yes	20 weeks post-fertilization
Kansas	Yes	20 weeks since last menstrual period
Kentucky	Yes	Conception
Louisiana	Yes	Conception
Maine	Yes	Fetal viability
Maryland	No	None
Massachusetts	Yes	24 weeks post-fertilization
Michigan	No	None
Minnesota	No	None
Mississippi	Yes	Conception
Missouri	Yes	Conception
Montana	Yes	Fetal viability
Nebraska	Yes	12 weeks post-fertilization
Nevada	Yes	24 weeks post-fertilization
New Hampshire	Yes	24 weeks since last menstrual period
New Jersey	No	None
New Mexico	No	None
New York	Yes	Fetal viability
North Carolina	Yes	12 weeks post-fertilization
North Dakota	Yes	Conception
Ohio	Yes	20 weeks post-fertilization
Oklahoma	Yes	Conception
Oregon	No	None
Pennsylvania	Yes	24 weeks since last menstrual period
Rhode Island	Yes	Fetal viability
South Carolina	Yes	Six weeks post-fertilization
South Dakota	Yes	Conception
Tennessee	Yes	Conception
Texas	Yes	Conception
Utah	Yes	18 weeks since last menstrual period
Vermont	No	None
Virginia	Yes	Third trimester since last menstrual period
Washington	Yes	Fetal viability
Washington, D.C.	No	None
West Virginia	Yes	Conception
Wisconsin	Yes	20 weeks post-fertilization
Wyoming	Yes	Fetal viability
Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed November 25, 2022; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed November 25, 2022; The Fuller Project, "How major abortion laws compare, state by state," accessed November 25, 2022

History of abortion ballot measures

See also: History of abortion ballot measures

In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana.

From 1970 to November 2022, there were 53 abortion-related ballot measures, and 43 (81%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of these 43 ballot measures. The other 10 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved seven (70%) and rejected three (30%).

Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.

The following graph shows the number of abortion-related ballot measures per year since 1970:

State constitutional rights and abortion-related ballot measures

Constitutional rights

The topic constitutional rights addresses ballot measures that establish a state constitutional right to abortion. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.

State	Year	Measure	Yes	No	Outcome
Colorado	2024	Right to Abortion and Health Insurance Coverage Initiative	N/A	N/A	N/A
Florida	2024	Amendment 4, Right to Abortion Initiative	N/A	N/A	N/A
Maryland	2024	Right to Reproductive Freedom Amendment	N/A	N/A	N/A
South Dakota	2024	Constitutional Amendment G, Right to Abortion Initiative	N/A	N/A	N/A
Ohio	2023	Issue 1: Right to Make Reproductive Decisions Including Abortion Initiative	56.78%	43.22%	a
California	2022	Proposition 1: Right to Reproductive Freedom Amendment	66.88%	33.12%	a
Michigan	2022	Proposal 3: Right to Reproductive Freedom Initiative	56.66%	43.34%	a
Vermont	2022	Proposal 5: Right to Personal Reproductive Autonomy Amendment	76.77%	23.23%	a

Constitutional interpretation

The topic constitutional interpretation addresses ballot measures designed to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.

State	Year	Measure	Yes	No	Outcome
Kansas	2022	No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.03%	58.97%	d
Kentucky	2022	No State Constitutional Right to Abortion Amendment	47.65%	52.35%	d
Louisiana	2020	Amendment 1: No Right to Abortion in Constitution Amendment	62.06%	37.94%	a
Alabama	2018	Amendment 2: State Abortion Policy Amendment	59.01%	40.99%	a
West Virginia	2018	Amendment 1: No Right to Abortion in Constitution Measure	51.73%	48.27%	a
Tennessee	2014	Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	52.60%	47.40%	a
Florida	2012	Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment	44.90%	55.10%	d
Massachusetts	1986	Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.83%	58.17%	d

Path to the ballot

Process in South Dakota

See also: Laws governing the initiative process in South Dakota

In South Dakota, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of the votes cast for governor in the previous gubernatorial election. Signatures must be submitted by the first Tuesday of May during a general election year.

The requirements to get an initiated constitutional amendment certified for the 2024 ballot:

• Signatures: 35,017 valid signatures were required.
• Deadline: The deadline to submit signatures was May 7, 2024.

Once the signatures have been gathered and filed, the secretary of state verifies the signatures using a random sample method.

Stages of this ballot initiative

• On June 17, 2022, the South Dakota Legislative Research Council reviewed the proposal put forward by Richard P. Weiland, who is sponsoring the measure.
• On Aug. 5, 2022, the Attorney General released an explanation for the amendment.
• On Nov. 5, 2022, the Dakotans for Health campaign began collecting signatures for the initiative.
• Dakotans for Health announced they had submitted signatures from more than 55,000 registered voters on May 1, 2024.
• On May 17, the secretary of state's office confirmed that there is an estimated 46,098 of valid signatures that were submitted.

How to cast a vote

See also: Voting in South Dakota

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in South Dakota.

How to cast a vote in South Dakota

Poll times In South Dakota, all polls are open from 7 a.m. to 7 p.m. If the polls close while you are still in line, you will be permitted to vote. South Dakota is divided between Central and Mountain time zones. Registration Check your voter registration status here. To register to vote in South Dakota, an applicant must be a citizen of the United States, a resident of South Dakota, and at least 18 years old by the day of the next election. The deadline to register to vote is 15 days before the next election. To register, an applicant may submit a voter registration form to the county auditor. Prospective voters can also register in person at the county auditor's office, driver's license stations, certain public assistance agencies, or military recruitment offices. Automatic registration South Dakota does not practice automatic voter registration. Online registration See also: Online voter registration South Dakota does not permit online voter registration. Same-day registration South Dakota does not allow same-day voter registration. Residency requirements To register to vote in South Dakota, you must be a resident of the state. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States South Dakota does not require proof of citizenship for voter registration. Verifying your registration The South Dakota Secretary of State’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements South Dakota requires voters to present photo identification while voting. Voters can present the following forms of identification: South Dakota driver's license or nondriver ID card U.S. government photo ID U.S. passport U.S. Armed Forces ID Current student photo identification card from a South Dakota high school or South Dakota accredited institution of higher education Tribal photo ID If a voter does not have a photo ID, he or she can sign a personal identification affidavit. The voter will then be given a regular ballot.

See also

2024 measures

• 2024 ballot measures
• Abortion on the ballot
• 2024 legislative sessions

South Dakota

• South Dakota ballot measures
• South Dakota ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• 2024 South Dakota Legislative Research Council Comments