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South Dakota Top-Two Primary Elections Initiative (2018)

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South Dakota Top-Two Primary Elections Initiative
Flag of South Dakota.png
Election date
November 6, 2018
Topic
Electoral systems
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


The South Dakota Top-Two Primary Elections Initiative was not on the ballot in South Dakota as an initiated constitutional amendment on November 6, 2018.

The measure was designed to establish top-two primary elections for state legislators, the governor, U.S. representatives, U.S. senators, and county elective officers. The measure would have made the primary elections open to all registered voters. This would have allowed any voter to vote for any candidate in a primary election, regardless of party affiliation.[1]

On March 2, 2018, the South Dakota secretary of state announced that the not enough of the signatures submitted for the initiative were valid; the petition fell short by 2,236 signatures. On November 6, 2017, supports submitted over 37,000 signatures. At least 27,741 of those signatures needed to be valid in order for the measure to qualify for the 2018 ballot.[2]

Text of measure

Ballot title

The ballot title was as follows:[1]

An initiated amendment to the South Dakota Constitution establishing open primary elections.[3]

Ballot summary

The ballot summary was as follows:[1]

Currently, in order to appear on the general election ballot as a political party's nominee, 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. On the primary ballot, each candidate is listed with a party designation. Only registered members of the candidate's chosen party may vote for that candidate unless the political party has also opened the primary to voters with no party affiliation.

Under current law, candidates unaffiliated with a political party (independents) do not participate in the primary election. Rather, they appear on the general election ballot by filing proper nominating petitions.

For the above offices, this amendment establishes an open primary election for candidates, including independents. All registered voters may vote for any candidate. The two candidates with the most votes advance to the general election. For some offices, more than one candidate is to be elected at the general election. In those instances, two candidates will advance to the general election for each position to be filled.

If this amendment is adopted, state election laws will need to be changed or be subject to challenge under the U.S. Constitution.[3]

Constitutional changes

See also: Article VII, South Dakota Constitution

The measure would have added a Section 4 to Article VII of the South Dakota Constitution. The following text would have been added:[1]

$ 4. An open primary erection shall be held prior to the general election to nominate candidates for the office of Governor, the Legislature, all county elective offices, and the United States Senate and House of Representatives. The primary election for such candidates shall be open to all registered voters. The two candidates who receive the most votes in the open primary are the nominees for each office. If more than one candidate is to be elected to an office, the number of nominees shall be twice the number to be elected.[3]

Sponsors

Open Primaries South Dakota led the campaign in support of the initiative.[4]

Supporters

Arguments

  • Joe Kirby, chaiperson of Open Primaries South Dakota, said, "You'll have a meaningful general election whereas now the general election is a foregone conclusion."[6]

Opposition

Ballotpedia did not identify committees, organizations, or individuals opposing this ballot initiative. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for South Dakota ballot measures
Total campaign contributions:
Support: $205,760.05
Opposition: $0.00

There was one ballot measure committee, Open Primaries South Dakota, registered in support of the measure. The committee had raised $205,760.05. The top donor was Open Primaries, Inc., which provided $155,000.[7][8]

No committees had registered in opposition to this initiative.[8]

Support

Committees in support of the Top-Two Primary Elections Initiative
Supporting committeesCash contributionsIn-kind servicesCash expenditures
Open Primaries South Dakota$205,334.07$425.98$204,251.15
Total$205,334.07$425.98$204,251.15
Totals in support
Total raised:$205,760.05
Total spent:$204,677.13

Donors

The top donors to the support campaign were as follows:[7]

Donor Cash In-kind Total
Open Primaries, Inc. $155,000.00 $0.00 $155,000.00
Joe Kirby $28,000.00 $144.29 $28,144.29
De Knudson $5,000.00 $169.28 $5,169.28
Vote Yes on V $4,159.07 $0.00 $4,159.07
David Knudson $2,000.00 $43.41 $2,043.41
Dan Kirby $2,000.00 $0.00 $2,000.00

Opposition

No committees had registered in opposition to this initiative.[8]

Methodology

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

Background

See also: Primary elections in South Dakota

A top-two primary is a type of primary election in which all candidates are listed on the same primary ballot. The two candidates that receive the most votes 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.[9][10]

As of 2018, partisan candidates for governor, the state legislature, U.S. Senate and House of Representatives, and elected county offices in South Dakota must participate in a partisan primary election. Only registered members of the candidate's party may vote for that candidate unless the political party has chosen to open the primary to voters with no party affiliation. As of 2018, candidates with no party affiliation do not participate in primary elections. Instead, they appear on the general election ballot along with partisan candidates if they have filed the appropriate forms. This measure would allow any voter to vote for any candidate. The two candidates with the most votes would advance to the general election.[11]

As of 2018, California, Louisiana, Nebraska, and Washington conduct top-two primary elections in some cases. In California and Louisiana, each candidate lists a party affiliation. In Washington, each candidate is allowed to list a party preference. In Nebraska, top-two primaries are used for state legislative elections and partisan labels are not used on either primary or general election ballots because the state legislature is nonpartisan.[10]

Path to the ballot

See also: Laws governing the initiative process in South Dakota

In South Dakota, supporters must send proposed initiatives to the South Dakota Legislative Research Council (LRC) for review. Proponents then send the proposal to the attorney general's office to have a ballot title and summary drafted. This information is forwarded to the secretary of state. Supporters can start signature collection as early as two years before the targeted election, and signatures must be submitted at least one year before the targeted election. Signature requirements in South Dakota are based on the total number of votes cast in the state's most recent gubernatorial election. A number of signatures equal to 5 percent of this total is necessary for qualifying initiatives for the 2018 ballot. Supporters needed to collect and submit at least 27,741 valid signatures by November 6, 2017, in order to qualify an initiated constitutional amendment for the 2018 ballot.

The South Dakota Legislative Research Council received the proposed initiative on May 15, 2017.[12] The attorney general provided a ballot title and summary for the initiative on July 11, 2017.[1]

On November 6, 2017, supports submitted over 37,000 signatures. At least 27,741 of those signatures needed to be valid in order for the measure to qualify for the 2018 ballot. On March 2, 2018, the South Dakota secretary of state announced that the not enough of the signatures submitted for the initiative were valid; the petition fell short by 2,236 signatures.[2]

De Knudson, the treasurer for Open Primaries, said that a decision had not been made about whether to challenge the secretary of state's signature count. Knudson said, "I'm just a little stunned right now. I'm just extremely disappointed. [...] You don't know what the future holds, but I believe that our group will be back even stronger in 2020."[13]

See also

Footnotes