The attorney general shall deliver a statement for each amendment to the South Dakota Constitution proposed by the Legislature and referred law from an odd year to the secretary of state before the third Tuesday in May, in the year of the election. The attorney general shall deliver a statement for each referred law from an even year to the secretary of state before the second Tuesday in July, in the year of the election. The attorney general's statement must be written by the attorney general and must consist of:

1. (1) The title of the proposed amendment to the constitution or referred law;
2. (2) A disclosure indicating that the amendment was proposed by the Legislature or the law was referred after enactment by the Legislature;

3. (3) An objective, clear, and simple explanation that:

   1. (a) Educates the voters on the purpose and effect of the proposed amendment to the constitution or referred law; and
   2. (b) Describes the legal consequences of the proposed amendment to the constitution or referred law, including any likely exposure of the state to liability if the proposed amendment to the constitution or referred law is adopted; and

4. (4) A recitation:

   1. (a) For a proposed amendment to the constitution, stating "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is"; or
   2. (b) For a referred law, stating "Vote 'Yes' to allow the Act of the Legislature to become law" and "Vote 'No' to reject the Act of the Legislature".

   The explanation may not exceed two hundred words in length.

   On the printed ballots, the title of the proposed amendment to the constitution or referred law must be followed by the disclosure, the attorney general's explanation, the most recent fiscal note prepared pursuant to § 2-9-32 or 2-9-30.2, and the recitation. The title, disclosure, explanation, fiscal note, and recitation must be printed on the ballot in the order provided by this section.

Source: SL 1915, ch 181 , § 1; RC 1919, § 7216; SL 1921, ch 219 ; SDC 1939, § 16.1302; SL 1959, ch 99 , § 15; SDC Supp 1960, § 16.2215; SDCL §§ 12-13-10, 12-13-12; SL 1971, ch 90 , §§ 1, 2; SL 1974, ch 118 , § 58; SL 1976, ch 105 , § 30; SL 1979, ch 97 , § 4; SL 1994, ch 108 , § 8; SL 2006, ch 67 , § 3; SL 2007, ch 14 , § 2; SL 2007, ch 77 , § 1; SL 2009, ch 64 , § 10, eff. July 1, 2010; SL 2013, ch 101 , § 74; SL 2017, ch 16 , § 5; SL 2018, ch 77 , § 2; SL 2025, ch 21 , § 3; SL 2026, ch 70 , § 1.