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Bill

HJR 5003

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring that a constitutional amendment receive an affirmative vote of sixty percent of the votes cast before the measure is enacted.

2025 Regular Session Introduced by Aaron Aylward and 19 co-sponsors

Would raise SD statewide constitutional amendments threshold to 60% of votes cast; amendments pass only if 60% approve, affecting voters, sponsors, and campaigns.

Delivered to the Secretary of State H.J. 536
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Bill Summary · HJR 5003

Summary — HJR 5003 (2025)

Proposes a constitutional amendment to require a 60% affirmative vote on statewide constitutional amendments before they become part of the South Dakota Constitution.

Main purpose

HJR 5003 would place before voters, at the next general election, a change to Article XXIII, §3 of the South Dakota Constitution that raises the approval threshold for any constitutional amendment or revision from a simple majority to a sixty percent (60%) supermajority of the votes cast on the question.

Key provisions

  • Amends Article XXIII, §3 to read that a constitutional amendment or revision “shall become a part of the Constitution only when approved by an affirmative vote of sixty percent of the votes cast on the question.”
  • Preserves the Legislature’s existing authority to allow sponsors of an initiated amendment to withdraw the measure at any time prior to submission to the voters.
  • The joint resolution itself does not change the Constitution until (and unless) the proposed amendment is approved by voters at the next general election.

Who would be affected

  • Voters: future ballot measures amending the state constitution would require 60% approval rather than a simple majority.
  • Sponsors and organizers of citizen-initiated constitutional amendments and advocacy groups would face a higher threshold to enact changes.
  • Elected officials and legislative strategists: could shift tactics toward statutory changes or different legislative approaches instead of constitutional amendments.
  • Interest groups, campaign funders, and civic educators may need to invest more resources to reach the higher threshold.

Legislative and procedural status / timeline

  • Introduced in the House: January 14, 2025.
  • House action: Passed, as amended, Do Pass 61–5 (H.J. 53); Speaker signed March 11, 2025.
  • Senate action: Passed, Do Pass Amended 29–4 (S.J. 497); President signed March 12, 2025.
  • Delivered to the Secretary of State: March 12, 2025 (H.J. 536).
  • Next step: Submitted to South Dakota voters at the next general election; it will become part of the Constitution only if approved by the required voter supermajority (i.e., 60% under this proposal).

Potential impacts and considerations

  • Raises the bar for constitutional change, likely reducing the number of amendments that qualify for adoption.
  • Could increase campaign costs and the organizational effort needed to pass amendments.
  • May affect the balance between direct democracy (citizen initiatives) and legislative/statutory solutions.
  • Supporters typically argue a supermajority protects the Constitution from frequent or narrow-interest changes; opponents argue it can entrench the status quo and make reform more difficult.

This joint resolution proposes the change but does not itself alter the Constitution until voters approve it at the designated general election.

Compiled from official sources — confirm details with the bill’s official record.

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