Abortion-rights measure validated for the ballot, but challenge expected

People associated with the Life Defense Fund protest outside a Sioux Falls library on May 1, 2024, as an abortion-rights group conducts a press conference inside. (Joshua Haiar/South Dakota Searchlight)

A state office said Thursday that a petition seeking to reinstate abortion rights has enough valid signatures to make the Nov. 5 ballot, but opponents have already promised a legal challenge.

Based on a random sample of signatures, the South Dakota Secretary of State’s Office estimated that 85% percent of the nearly 55,000 signatures on the petition are from South Dakota registered voters, which means the estimated number of valid signatures is 46,098. The petition needed 35,017 to qualify for the election.

The proposed state constitutional amendment would legalize abortions in the first trimester of pregnancy but allow the state to impose limited regulations in the second trimester and a ban in the third trimester, with exceptions for the life and health of the mother. Abortions are currently banned in the state, except to “preserve the life of the pregnant female.”

Opponents have 30 days to challenge the validity of the petition. Leslee Unruh, co-chair of the Life Defense Fund, said earlier this month that the group “can’t wait to get to court.” The Life Defense Fund is a ballot question committee organized to oppose the ballot measure.

Thursday, Unruh and Life Defense Fund co-chair Rep. John Hansen, R-Dell Rapids, issued a joint statement: “This fight is about saving the lives of countless unborn children in our state. We are grateful to the many dedicated volunteers who have put in countless hours, and we are resolute in our mission to defend unborn babies. We will continue to research these signatures and announce a challenge at the appropriate time.”

Opponents of the ballot measure have alleged some petition signers were duped into believing they were signing a petition to repeal the state sales tax on groceries, when they were actually signing the abortion-rights petition. The Dakotans for Health ballot question committee circulated both measures and denies any wrongdoing.

Hansen recently formed the South Dakota Petition Integrity political action committee. People associated with the committee have been calling hundreds of petition signers from the sample list, as part of an effort to gather evidence for a court challenge and tell signers about a new state law passed in March allowing them to withdraw their signature.

Complaints about the calls led to a press release from the Secretary of State’s Office earlier this week labeling the calls a “scam,” due to callers allegedly giving the impression that they’re officially affiliated with the Secretary of State’s Office.

Rick Weiland, of Dakotans for Health, said earlier this week that the phone campaign was a sign of “desperation.”

“They are desperate to keep abortion off the ballot this fall and let the people decide,” Weiland said.

The abortion measure could be one of many on the ballot in November. Two measures already on the ballot were placed there by the Legislature: a proposal to change male-specific officeholder references in the state constitution to neutral language, and a proposal that would allow the state to impose work requirements on some Medicaid expansion enrollees.

Validated but within the 30-day challenge window are the abortion measure and an initiated measure prohibiting state sales taxes on items sold for human consumption, specifically targeting state sales taxes on groceries.

Validation is pending for citizen-led petitions that would create open primary elections and legalize adult recreational marijuana use.

Meanwhile, a citizen-led group is trying to refer a new pipeline law to the ballot. The Legislature passed the law last winter to implement new protections for landowners affected by a proposed carbon dioxide pipeline, while still allowing a regulatory path forward for the project

Ballot question status update

Measures placed on the Nov. 5 ballot by the Legislature:

• An amendment to the state constitution updating references to certain officeholders and people (replacing male-specific pronouns with neutral language).

• An amendment to the state constitution authorizing the state to impose work requirements on certain people who are eligible for expanded Medicaid.

Citizen-proposed measures validated for the ballot, pending potential challenges:

• An initiated measure prohibiting state sales taxes on items sold for human consumption, specifically targeting state sales taxes on groceries.

• An initiated amendment to the state constitution re-establishing abortion rights.

Citizen-proposed measures, pending validation of the required number of petition signatures:

• An initiated amendment to the state constitution establishing open primary elections.

• An initiated measure legalizing adult recreational use, possession and distribution of marijuana.

Petition still in circulation:

• A proposed referendum of a new law regulating carbon dioxide pipelines.

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