History of South Dakota Ballot Questions That End Majority Rule: How Voters Have Responded
Direct Democracy was born in South Dakota. Since 1898, voters have had the power to propose and pass laws and constitutional amendments themselves, through the initiative process. In recent years, the state legislature has made repeated attempts to raise the bar that those questions must clear to pass. Each time, voters have been asked to approve the change. Each time, they have rejected it.
This article walks through that history to the present day: the two failed legislatively referred questions that would have made it harder to amend the South Dakota Constitution or to pass ballot questions, and the 2026 Question that voters will decide this November.
Amendment X (2018): the 55% threshold
Constitutional Amendment X was referred to the 2018 general election ballot by the South Dakota Legislature. It would have raised the threshold to approve any constitutional amendment — whether citizen-initiated or legislatively-referred — from a simple majority to 55%.
Voters rejected it. Amendment X was defeated 53% to 47% on November 6, 2018.
Amendment C (2022): the 60% threshold for tax and spending questions
Constitutional Amendment C was referred to the June 2022 primary ballot. It would have required a 60% supermajority to pass any ballot question that raised taxes or fees, or that appropriated $10 million or more in its first five years. The requirement would have applied to both citizen-initiated and legislatively-referred questions.
Voters rejected it decisively, 67% to 33% — a wider margin than Amendment X four years earlier.
Amendment L (2026): the 60% threshold for all amendments
For 2026, the legislature has referred a third, similar question. Constitutional Amendment L would raise the threshold to approve any constitutional amendment from a simple majority to 60% — the broadest of the three attempts, applying to every constitutional amendment rather than a specific category.
If Amendment L passes, South Dakota would join just one other state, Florida, by requiring a 60% vote to amend the constitution, which is in effect, minority rule. If it fails, it will be the third consecutive supermajority question South Dakota voters have rejected. Read more about the arguments for and against minority rule here.
What does this history tell us?
Across three separate elections, South Dakota politicians have asked voters to raise the threshold for passing ballot questions, and in the two decided so far, they have declined both times — by roughly six points in 2018 and by nearly thirty-four points in 2022. The questions differed in their specifics: 55% for all amendments in 2018, 60% for tax-and-spending questions in 2022, and 60% for all amendments in 2026. What they share is that each would have made it harder for a simple majority of voters to enact policy through the initiative process.
Amendment L is the next chapter in that record. For more on what it would do, see our guide: What Is Constitutional Amendment L in South Dakota?
Frequently Asked Questions
Can I vote early on Amendment L?
Yes. South Dakota offers early voting options. Because hours and locations can vary by county and election cycle, check South Dakota's Secretary of State website directly for current early voting information.
How do I make sure I'm registered to vote on Amendment L?
Check your voter registration status well before the election — especially if you've moved or haven't voted in recent cycles. Visit South Dakota's Secretary of State website for current registration deadlines, requirements, and to confirm your registration is active.
What would Measure 1 change?
It would make it significantly harder for constitutional amendments to pass. Under the current system, a majority of North Dakotans can approve a constitutional change. Under Measure 1, a minority of just over 40% could block an amendment even if most North Dakotans supported it. When you look at actual voter turnout, the number of North Dakotans who could overrule an amendment is actually even smaller—more like 20%. Imagine a scenario where 1 in 5 people control a vote, even if 4 out of 5 want something different to happen—that's what could happen if Measure 1 passes.
Does a supermajority requirement apply to all elections?
No. Some apply only to citizen-initiated measures, not to legislatively referred measures. Some supermajority requirements apply only to constitutional amendments, not to statutory ballot measures. The specifics vary significantly from state to state.
Is a supermajority requirement the same as minority rule?
In practice, any supermajority threshold gives a minority coalition the power to defeat a majority-supported measure. The higher the threshold, the greater the power of the minority. If 60% is required for passage, a blocking coalition needs only 40% of voters plus one vote to be successful
What is the main argument for a supermajority requirement?
Proponents argue that important decisions — such as changes to a state constitution — should reflect a very broad social consensus rather than a narrow majority.
What is the main argument against a supermajority requirement?
Critics argue that supermajority requirements create minority rule by allowing a smaller group of voters to block policies supported by a majority, undermining the core democratic principle that the side with more votes wins.
