The ballot initiative, which was put forward in 2022, would add a new section to Article VI of the South Dakota Constitution, which is the state’s Bill of Rights. The initiative would allow for abortion through all nine months of pregnancy by vaguely laying out by trimester framework how abortion might be regulated.
To get an initiated constitutional amendment certified for the 2024 ballot required 35,017 valid signatures by May 7, 2024. Abortion advocates claim to have collected more than the required number of signatures by the deadline. On May 16, the Secretary of State certified that the necessary number had been attained and that the measure could appear on the November ballot. This declaration by the Secretary of State started a 30-day window allowing legal challenges to be brought against the measure.
The Life Defense Fund brought a challenge in state circuit court alleging problems in the signature collection process that should prevent the measure from appearing on the ballot. On July 15, a state circuit judge dismissed the lawsuit. On August 2, the decision was then appealed to the state Supreme Court which reversed the lower court ruling and sent the matter back to the lower court for further consideration.
The amendment has already been individually certified to appear on the ballot. Unless there is a ruling favorable to the Life Defense Fund by August 13, the measure will be on the November ballot.
The South Dakota Catholic Conference (SDCC) has issued several resources to help citizens understand the dramatic changes that will take place if this amendment is passed. According to the SDCC website: “We have a responsibility, as a community that cherishes all human life, to become informed on this proposal that threatens the lives of preborn children, and to educate our fellow citizens.” For more information click here.
