South Dakota Constitutional Amendment H, Top-Two Primary Elections Initiative (2024)

South Dakota Constitutional Amendment H
Election date November 5, 2024
Topic Electoral systems
Status d Defeated
Type Constitutional amendment	Origin Citizens

South Dakota Constitutional Amendment H, the Top-Two Primary Elections Initiative, was on the ballot in South Dakota as an initiated constitutional amendment on November 5, 2024. The ballot measure was defeated.

A "yes" vote supported replacing partisan primaries with top-two primaries for state executive, state legislative, congressional, and county offices.

A "no" vote opposed this ballot initiative, thus keeping partisan primaries for state executive, state legislative, congressional, and county offices.

Election results

See also: Results for ranked-choice voting (RCV) and electoral system ballot measures, 2024

South Dakota Constitutional Amendment H
Result		Votes	Percentage
Yes		141,570	34.39%
No		270,048	65.61%

Results are officially certified.

Source

Overview

What would Amendment H have changed about primary elections in South Dakota?

See also: Text of measure

Amendment H would have established top-two primary elections for the offices of governor, state legislator, county official, U.S. senator, and U.S. representative in South Dakota. All candidates for a specific office would have been listed on the primary ballot regardless of party affiliation, allowing voters to vote for any candidate irrespective of their own party registration or affiliation. The two candidates with the highest number of votes for each office would have advanced to the general election.

Under the proposed amendment, only candidates advancing from the primary would have appeared on the general election ballot, with the legislature authorized to establish replacement procedures if a candidate could not participate in the general election due to death, withdrawal, or disqualification.

Candidates would have been able to choose the political party designation to appear next to their name on both the primary and general election ballots. Both ballots would have included a disclaimer stating that the party designation did not imply endorsement by the party.

What states use top-two primaries?

See also: Top-two primary

As of 2024, three states use a top-two primary for some elections: California, Nebraska, and Washington. In 2004, Washington became the first state to adopt a top-two primary system for congressional and state-level elections after the passage of Washington Initiative 872. California adopted a top-two primary system in 2010 after the passage of California Proposition 14. In Nebraska, a top-two primary system was utilized for state legislative elections. Because Nebraska's state legislature was nonpartisan, partisan affiliation labels were not listed alongside the names of state legislative candidates.

As of 2024, Alaska used a top-four primary, which is a variation of the top-two primary, for state executive, state legislative, and congressional elections. Voters approved this in 2020 with Ballot Measure 2. The initiative also established ranked-choice voting for general elections for the aforementioned offices and the presidency.

What states voted on top-two primaries?

See also: Statewide ballot measures related to top primary systems

Five states decided on establishing top two primaries. Out of six measures on the ballot, two were approved and four were rejected. Voters in Washington approved top-two primaries in 2004, and California voters approved top-two primaries in 2010.

Voters in three states—Arizona, Florida, and Oregon—rejected top-two primaries. Voters in Oregon rejected top-two primaries in both 2008 and 2014, while voters in Florida rejected top-two primaries in 2020, and voters Arizona rejected top-two primaries in 2012.

2024 ballot measure trend

See also: State ballot measure trends, 2024

Constitutional Amendment H is part of a state ballot measure trend related to electoral systems in 2024.

The ballot initiative has played a prominent role in proposing changes to state and local electoral systems across the United States. In 2024, voters decided on a record number of statewide ballot measures on ranked-choice voting (RCV), all of which were rejected. In Colorado, Idaho, Nevada, and Oregon, voters rejected measures to adopt RCV. In Alaska, voters decided on an initiative to repeal RCV, which was adopted in 2020. Voters in Washington, D.C., approved a ranked-choice voting initiative. In Missouri, voters approved a constitutional amendment that would preempt RCV.

There were other electoral system changes on the ballot, some of which could have led to the adoption of RCV. In Arizona, Proposition 140 would have replaced partisan primaries with primaries in which candidates, regardless of partisan affiliation, appear on a single ballot and a certain number advance to the general election, such as top-two or top-four primaries. Arizona Proposition 133, on the other hand, would have prohibited systems like top-two and top-four primaries, meaning Proposition 133 and Proposition 140 were competing measures. Both were rejected. In Montana, voters rejected two electoral system measures, one to adopt top-four primaries and another to require a majoritarian vote system for general elections, such as run-off elections or RCV.

In South Dakota, voters defeated Amendment H, which would have replaced partisan primaries with top-two primaries.

State	Type	Title	Description	Result	Yes Votes	No Votes
AK	IndISS	Ballot Measure 2	Repeal the top-four ranked-choice voting (RCV) system that was adopted in 2020		160,230 (50%)	160,973 (50%)
AZ	LRCA	Proposition 133	Require partisan primary elections for partisan offices and prohibit primary elections where all candidates, regardless of political party affiliation, run in the same primary election, such as top-two, top-four, and top-five primaries		1,286,640 (42%)	1,763,711 (58%)
AZ	CICA	Proposition 140	Require primaries in which candidates, regardless of partisan affiliation, appear on a single ballot and a certain number advance to the general election, and require general election candidates to receive a majority of votes		1,284,176 (41%)	1,823,445 (59%)
CO	CISS	Proposition 131	Establish top-four primaries and ranked-choice voting (RCV) for federal and state offices in Colorado		1,385,060 (46%)	1,595,256 (54%)
DC	Initiative	Initiative 83	Establish ranked-choice voting for elections in Washington, D.C.	a	212,332 (73%)	78,961 (27%)
ID	CISS	Proposition 1	Establish top-four primaries and ranked-choice voting (RCV) for federal, state, and certain local offices in Idaho		269,960 (30%)	618,753 (70%)
MT	CICA	CI-126	Establish top-four primaries for federal and state offices in Montana		287,837 (49%)	300,664 (51%)
MT	CICA	CI-127	Require an electoral system in which candidates for certain offices must win a majority of the vote, rather than a plurality, to win the election		228,908 (40%)	348,805 (60%)
NV	CICA	Question 3	Establish top-five primaries and ranked-choice voting (RCV) for federal and state offices in Nevada		664,011 (47%)	747,719 (53%)
OR	LRSS	Measure 117	Establish ranked-choice voting (RCV) for federal and state offices in Oregon		893,668 (42%)	1,219,013 (58%)
SD	CICA	Constitutional Amendment H	Establish top-two primaries for federal, state, and certain local offices in South Dakota		141,570 (34%)	270,048 (66%)

Text of measure

Ballot title

The official ballot title was as follows:

“

Title: An Amendment to the South Dakota Constitution Establishing Top-Two Primary Elections. Attorney General Explanation: Currently, to appear on the general election ballot, major party candidates for the following offices must participate in a partisan primary election: Governor, State Legislature, U.S. Senate and House of Representatives, and elected county offices. Only members of the candidate’s party may vote for that candidate unless that party has opened the primary to voters not affiliated with the party. Minor party candidates may be chosen by primary or party convention. Unaffiliated candidates (independents) are only required to file nominating petitions to appear on the general election ballot. For the listed offices, this amendment requires one primary election wherein all candidates run against each other in their respective races, including major and minor party and unaffiliated candidates. A candidate may list any party next to their name on the ballot regardless of party affiliation or registration. All voters may vote for any candidate. The two candidates receiving the most votes advance to the general election. If there is more than one candidate to be elected to an office, the number of candidates advancing to the general election is twice the number to be elected. Primary elections may be held for other offices. The amendment may be challenged on constitutional grounds. Vote "Yes" to adopt the amendment. Vote "No" to leave the Constitution as it is.

”

Constitutional changes

See also: South Dakota Constitution

The ballot measure would have added Section 4 to Article VII of the South Dakota Constitution. The following underlined text would have been added and struck-through text would have been deleted:

Note: Hover over the text and scroll to see the full text.

§ 4. A primary election held for the office of governor, a legislative office, a county office, the United States Senate, or the United States House of Representatives shall be open to all candidates and all qualified voters without regard to the candidates’ or voters’ party registration or affiliation, or lack thereof.

In a primary election covered by this section, each candidate must be listed on a single primary ballot regardless of the candidate’s political party. A voter may vote for any primary candidate regardless of the voter’s party affiliation or lack thereof. The two candidates receiving the highest number of votes cast in a primary election advance to the general election. If more than one candidate is to be elected to an office at the general election, the number of candidates advancing from the primary election is twice the number to be elected in the general election.

The general election ballot may only include those candidates advancing from the primary election. The legislature may, by law, establish procedures for replacing a candidate who advanced from the primary election but will not participate in the general election due to death, withdrawal from the race, or disqualification.

A candidate may select the name of a political party to be listed next to the candidate’s name on the primary ballot. The same political party designation shall appear next to the candidate’s name on the general election ballot if the candidate advances to the general election.

Both the primary and general election ballots must state that a candidate’s indicated political party designation does not constitute or imply an endorsement of the candidate by the political party designated.

The legislature may establish any necessary procedures to implement this section.

If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity will not affect any other provision or application of the section that can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.

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 15, and the FRE is 11. The word count for the ballot title is 12.

The FKGL for the ballot summary is grade level 14, and the FRE is 28. The word count for the ballot summary is 200.

Support

South Dakota Open Primaries was leading the campaign in support of the initiative.

Supporters

Organizations

• Veterans for All Voters

Arguments

• South Dakota Open Primaries: "The number of independent or unaffiliated voters in the US has jumped with 45% now identifying themselves as independent. Independents often have little say in who will represent them. In South Dakota’s closed primary, over 148,000 registered voters cannot fully participate. That’s unfair and undemocratic."
• Joe Kirby, chairman of South Dakota Open Primaries: "Our top-two primaries constitutional proposal eliminates separate ballots for each party. All registered South Dakota voters would get the same ballot. It would cover the three congressional offices, the governor, the legislature and county offices. It would be a South Dakota primary, not a Republican or Democrat primary."

Opposition

Vote No on H was leading the campaign opposing the initiative.

Opponents

Officials

• U.S. Sen. Mike Rounds (R)
• State Sen. John Wiik (R)

Political Parties

• Republican Party of South Dakota

Organizations

• Fair Elections Fund

Arguments

• State Republican Party Chairman and State Sen. John Wiik: "I want Republicans to be able to choose the Republican candidate, and Democrats to choose the Democrat candidate. If you want to be an independent, then you’re independent of the decisions that affect your lives."

Campaign finance

See also: Campaign finance requirements for South Dakota ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 31, 2024.

South Dakota Open Primaries was the campaign registered to support the amendment.

Vote No on H was the campaign registered to oppose the amendment.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$1,664,144.78	$22,382.88	$1,686,527.66	$1,664,144.78	$1,686,527.66
Oppose	$93,912.37	$5,500.00	$99,412.37	$91,994.42	$97,494.42
Total	$1,758,057.15	$27,882.88	$1,785,940.03	$1,756,139.20	$1,784,022.08

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Constitutional Amendment H
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
South Dakota Open Primaries	$1,664,144.78	$22,382.88	$1,686,527.66	$1,664,144.78	$1,686,527.66
Total	$1,664,144.78	$22,382.88	$1,686,527.66	$1,664,144.78	$1,686,527.66

Donors

The following were the top donors who contributed to the support committees.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Tom Heinz	$75,000.00	$7,524.62	$82,524.62
David Knudson	$70,000.00	$0.00	$70,000.00
Joe Kirby	$65,000.00	$117.12	$65,117.12
Dan Kirby	$56,000.00	$0.00	$56,000.00
John Fiksdal	$50,000.00	$0.00	$50,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the measure.

Committees in opposition to Constitutional Amendment H
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Vote No On H	$93,912.37	$5,500.00	$99,412.37	$91,994.42	$97,494.42
Total	$93,912.37	$5,500.00	$99,412.37	$91,994.42	$97,494.42

Donors

The following were the top donors who contributed to the opposition committees.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
James Koehler	$50,000.00	$0.00	$50,000.00
Juliann Perrigo	$10,000.00	$0.00	$10,000.00
Freedom Caucus	$5,000.00	$0.00	$5,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

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 H, Top-Two Primary Elections Initiative
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

South Dakota News Watch	10/12/24-10/26/24	500 RV	± 3.3%	39.8%	55.8%	4.4%
	Question: "How will you vote on open primaries measure?"

Emerson College Polling/KELO-TV/The Hill	10/19/24-10/22/24	825 LV	± 3.3%	40.1%	48.1%	11.9%
	Question: "Would you vote yes or no on Constitutional Amendment H, An Amendment to the South Dakota Constitution Establishing Top-Two Primary Elections? A yes vote would adopt the amendment to require one primary election wherein all candidates run against each other in their respective races, the two candidates receiving the most votes advance to the general election. A no vote would leave the constitution as is."

South Dakota News Watch/Chiesman Center for Democracy	5/10/24-5/13/24	500 RV	± 4.5%	54.6%	33.2%	12.2%
	Question: "Do you support open primaries?"

South Dakota News Watch	11/27/23-11/29/23	500 RV	± 4.5%	49.4%	34%	16.6%
	Question: "Do you support or oppose the proposed open primaries amendment to South Dakota's constitution?"

Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Top-two primary

A top-two primary is a type of primary election where all candidates are listed on the same ballot. The top two vote-getters advance to the general election, regardless of their partisan affiliations, Consequently, it is possible for two candidates belonging to the same political party to win in a top-two primary and face off in the general election.

Top-two primaries should not be confused with blanket primaries. In both types of primaries, all candidates are listed on the same ballot and voters choose one candidate per office regardless of party affiliation. However, in a blanket primary, the top vote-getter from each party advances to the general election. This ensures that candidates from the same party will not compete against each other in the general election.

As of June 2024, three states used a top-two primary for some elections:

• California adopted a top-two primary system in 2010 after the passage of California Proposition 14.

• In Nebraska, a top-two primary system is utilized for state legislative elections. Because Nebraska's state legislature is nonpartisan, partisan affiliation labels are not listed alongside the names of state legislative candidates.

• In 2004, Washington became the first state to adopt a top-two primary system for congressional and state-level elections after the passage of Washington Initiative 872.

Alaska also used some variation of top-two primaries for their elections:

• In 2020, Alaska voters approved Alaska Ballot Measure 2 establishing a top-four primary, which is a variation of the top-two primary, for state executive, state legislative, and congressional elections. The initiative also established ranked-choice voting for general elections for the aforementioned offices and the presidency.
  

Top-two primaries in the United States

The map below identifies states that utilize top-two primary elections or a variation. Hover over a state for additional details.

Statewide ballot measures related to top primary systems

Ballot measures related to primary election systems
Year	Measure	System type	Yes votes (%)	No votes (%)	Outcome
2004	Washington Initiative 872	Top-two primary	59.85%	40.15%	a
2004	California Proposition 62	Blanket primary	46.17%	53.83%	d
2008	Oregon Measure 65	Top-two primary	34.06%	65.94%	d
2010	California Proposition 14	Top-two primary	53.73%	46.27%	a
2012	Arizona Proposition 121	Top-two primary	33.07%	66.93%	d
2014	Oregon Measure 90	Top-two primary	31.77%	68.23%	d
2020	Florida Amendment 3	Top-two primary	57.03%	42.97%	d
2020	Alaska Ballot Measure 2	Top-four primary	50.55%	49.45%	a
2022	Nevada Question 3	Top-five primary	52.94%	47.06%	a

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

• The South Dakota Secretary of State approved the initiative for circulation on April 11, 2023.
• South Dakota Open Primaries submitted approximately 46,500 signatures to the secretary of state on May 7, 2024.
• On May 21, 2024, the secretary of state's office announced it had certified the measure for the ballot, with 36,350 valid signatures.

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.

How to 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 for at least thirty consecutive days.

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. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

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
• Elections and campaigns on the ballot

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

• Petition Approved to Circulate (2024)