South Dakota Leading The Way: First in the Nation for Statewide Ballot Measures
Every time Americans vote on a ballot measure, they are using an idea that started in South Dakota. In 1898, South Dakota became the first state in the nation to let ordinary citizens make and reject laws at the statewide level. No state had ever done it before. This new power was called the initiative and referendum, and South Dakota led the way.
What the Initiative and Referendum Do
The two tools work together. The initiative lets citizens write a new law and put it on the ballot. If enough people vote yes, it becomes law, even if the legislature never wanted it. The referendum works the other way. It lets voters approve or reject a law the legislature has already passed. Together, they give the people another tool and check on legislative power.
A Priest With a Big Idea
While direct democracy pre-dates the United States, a Catholic priest from Aberdeen named Father Robert Haire is widely credited for conceiving of the systems of direct democracy we use in the United States today. Around 1885 he wrote a plan called the “People’s Legislature.” Father Haire was more than a churchman. He believed working people deserved a fair deal, and he was active in a labor group called the Knights of Labor. He spread his idea through the group's newspapers and meetings. Other reformers, including South Dakota’s “Populist Party” made up of Farmers, Laborers and Wage Workers, and Miners, joined the cause.
A Check on Corrupt Politicians
The idea caught on because South Dakotans were angry. In the 1880s and 1890s, farmers felt cheated. Railroads charged high prices to ship their grain. Big companies graded their crops unfairly. Yet the state legislature, controlled by one party for years, ignored them.
The government at the time was full of corruption. Lawmakers took bribes, and deals were made in secret. In one shocking case, the state treasurer, W.W. Taylor, was caught stealing $367,000 ($14,589,036.43 in today’s dollars) from the state. To many people, the whole system seemed to work for the powerful and against everyone else.
Reformers believed the initiative and referendum could fix this. If the people could make laws directly, crooked politicians could no longer block change or sell their votes. As one reform newspaper, the Dakota Ruralist, put it, direct legislation would end bribery and put government back in the hands of the people.
Passage in 1898
Farmers' groups and the Populist Party contributed to the fight. When the Populists won control of the legislature, they put the plan before the voters. In the fall of 1898, South Dakotans approved it by a vote of 23,816 to 16,483.
South Dakota had made history as the first state in the country to give its people this power. Voters first used it in 1908, and other states quickly followed South Dakota's lead. Within twenty years, nineteen states had adopted statewide ballot measures of their own. Today, when voters across America decide laws at the ballot box, they are walking a path that South Dakota marked out first.
Sources
- The Origins of the Initiative and Referendum in South Dakota: The Political Context
- Citizen Lawmakers: The Ballot Initiative Revolution
Frequently Asked Questions
How many votes does a measure need to pass?
A majority of the votes cast on that question. Measure 1 would raise that to 60% for future constitutional amendments.
Can I vote by mail?
Yes. Any eligible voter can request an absentee ballot without giving a reason. Your ballot has to be received by the close of polls on Election Day. You can return it by mail, at a county drop box or in person at the county auditor's office, but not at a polling place.
Do I need to register to vote?
No. North Dakota is the only state without voter registration. You do need a valid ID that shows your name, current North Dakota residential address and date of birth.
When is the next election in North Dakota?
The general election is Tuesday, November 3, 2026. Absentee voting is already underway.
What's on my ballot in North Dakota?
Enter your address at vote.nd.gov to see your own sample ballot. Statewide, there are two measures in November 2026: Measure 1, the 60% threshold for constitutional amendments, and Measure 2, free school meals. The Secretary of State posts the full text and an analysis of each on its Measures on Ballot page.
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.
