What Is Constitutional Amendment L in South Dakota? A Voter's Guide to the 2026 Vote

In November 2026, South Dakota voters will be asked to decide more than just who represents them in Pierre and Washington. One measure will ask voters to decide how future decisions about the South Dakota Constitution get made — and who actually has the power to make them.

The measure is called Constitutional Amendment L. On the surface, it looks like a procedural tweak. In practice, it would fundamentally shift the balance of power from majority rule to minority rule for every future constitutional amendment in the state.

Here's what South Dakota voters need to know.

What Is Constitutional Amendment L in South Dakota?

South Dakota Constitutional Amendment L is a constitutional amendment placed on the November 2026 ballot by politicians in the legislature. Amendment L rewrites the rules for how future constitutional amendments can be adopted.

If Amendment L passes, it would change the South Dakota Constitution to eliminate majority rule on some votes, replacing it with a new system of minority rule.

What Would Amendment L Do?

Amendment L would change South Dakota's constitution to eliminate its longstanding system of majority rule for constitutional amendments with minority rule.

Right now, South Dakota's constitution requires constitutional amendments to pass by a simple majority — that means an amendment passes if just more than 50% of voters support the question. If Amendment L passes, that would change. Any future constitutional amendment would need to clear 60% to pass, meaning that just more than 40% could block any constitutional amendment. This is minority rule. The people in favor can outnumber the people opposed — and still lose. That's not a hypothetical. It's the direct mathematical effect of what Amendment L would do.

If you’d like to read more about the difference between majority rule and minority rule, you can do so here.

Where Did Amendment L Come From?

Amendment L was placed on the ballot by politicians in the South Dakota Legislature. This means lawmakers in Pierre — not South Dakota citizens — decided to send this question to voters.

There is a notable tension in this: the legislature is asking South Dakota voters to approve a rule that would make it harder for South Dakota citizens to amend the constitution in the future, regardless of whether those future amendments were initiated by citizens or by the legislature itself. Meanwhile, the threshold legislators would need to reach in order to pass laws in the House and Senate—simple majority—would not change.

How Could Amendment L Affect Citizens' Ability to Use Ballot Measures?

Under current South Dakota law, citizens can collect signatures to place a constitutional amendment on the ballot. If a simple majority of voters approve it, it becomes part of the constitution.

Under Amendment L, that same citizen-initiated amendment would need 60% support to take effect. That means just more than 40% of voters could effectively veto a change that most South Dakotans supported.

Because turnout varies significantly depending on what kind of election a measure appears in — general elections draw far more voters than primaries — the size of that blocking minority, in real numbers of voters, could be quite small in low-turnout elections.

For example, based on the 2022 General Election, as few as 21% of eligible voters could veto the will of the other 79%.

Here’s the math:

• In 2022, 354,670 South Dakotans cast a ballot.
• 40%+1 of that number is 141,869
• 141,869 is only 21% of the 668,380 eligible voters for that election.

Put another way, if Amendment L passes, just 21% of voters – 1 in 5 voters – could decide the outcome of entire elections.

For example, based on the most recent election, the 2026 Primary Election, as few as 13.8% of registered voters could veto the will of the other 86.2%. Here’s the math:

• In the 2026 Primary, 171,559 South Dakotans cast a ballot.
• 40%+1 of that number is 68,625
• Note: 40% of 171,559 is 68,623.6, but you can’t have 0.6 of a person vote in an election, so you have to round to 68,624 to get the real 40% number.
• 68,625 is only 13.8% of the 497,037 registered voters in that election

Put another way, if Amendment L passes, just 13.8% of voters—1 in 7 voters—could decide the outcome of entire elections.

How Does Amendment L Compare to What's Happening in Other States?

South Dakota is not alone. North Dakota voters are facing a nearly identical measure in 2026: Measure 2, also a legislatively-referred constitutional amendment, which would also raise the threshold for passing constitutional amendments from a simple majority to 60%.

In North Dakota, it’s estimated that — in a low-turnout June primary election — as few as 7.6% of eligible voters could constitute the 40%+1 blocking threshold. That means fewer than 1 in 10 North Dakota voters could override the will of more than 9 in 10. In South Dakota, the picture would be similarly grim if Amendment L passes; as few as 1 in 5 voters could block the vote of 4 in 5 voters.

Across the country, South Dakota politics and North Dakota politics are part of a wider trend. Tracking has identified more than 90 bills introduced in state legislatures this year that would weaken direct democracy in some form. Last year, attacks on ballot measures nearly doubled from the prior year, increasing by 95%. Raising the supermajority threshold for constitutional amendments is one of the most consequential tactics in that broader effort.

When Will South Dakotans Vote on Amendment L?

Amendment L will appear on the November 2026 General Election Ballot — the same ballot on which South Dakotans will vote for their at-large member of Congress, state house representatives, state senators, and other state and local officials.

What Does a "Yes" or "No" Vote on Amendment L Mean?

• A "Yes" vote means you support changing the South Dakota Constitution to end majority rule and replace it with a new system of minority rule.
• A "No" vote means you support keeping the current system, in which constitutional amendments pass with a simple majority of votes cast.