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Senate votes to send 60% constitutional amendment threshold to voters

2531975 · March 10, 2025
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Summary

The Senate approved House Joint Resolution 5,003 to ask voters whether future constitutional amendments should require a 60 percent approval rate rather than a simple majority. Supporters said the change would protect the state constitution from transient political shifts; opponents said it would curtail voters' ability to use initiatives.

The South Dakota Senate on March 10 approved a joint resolution — House Joint Resolution 5,003 — to put a question to voters asking whether future constitutional amendments should require a 60 percent affirmative vote instead of a simple majority.

Sponsor Senator Jim Petersen said state constitutions should be harder to alter than statutes because they are the fundamental compact between government and the people. "Our constitution must be protected from the transient political influences and whims of a bare majority," Petersen said on the floor.

Supporters cited examples of ballot measures on high‑profile policy issues and argued that a higher threshold would ensure broad statewide consensus before the constitution is changed. Opponents, including Senator Susan Larson, warned that the higher bar would make it far more difficult for citizen initiatives to succeed; Larson said a 60 percent threshold is one of the highest standards in the country and would have prevented many measures that previously passed.

The resolution passed the Senate by a recorded vote of 29 yeas to 4 nays with 2 excused.

Next steps: The resolution will be placed on the general election ballot; a simple Senate vote sends that question to voters, who must then decide whether to adopt the 60 percent requirement.