Constitutional Amendment J: An Amendment to the South Dakota Constitution Clarifying that an Individual Must Be a Citizen of the United States to be Eligible to Vote.

South Dakota · constitutional amendment · on the November 3, 2026 ballot. The ballot wording and the arguments for and against from the state’s official voter guide, in the state’s own words, each read the same way for rhetorical techniques. We don’t recommend a vote.

On the ballot

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Article VII, § 2 of the South Dakota Constitution defines who is qualified to vote in state elections. Among these qualifications are age, residency, and United States citizenship requirements. Article VII, § 2 also establishes that individuals may be disqualified from voting because of mental incompetence or a felony conviction.

This constitutional amendment adds people who are not United States citizens to the list of individuals disqualified from voting, clarifying the existing requirement that only citizens may vote in state elections.

From sdsos.gov. Checked 2026-10-20. Confirm with your official ballot (sample-ballot lookup).

Argument for

By Taffy Howard, State Senator, District 34

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Amendment G protects the integrity of South Dakota elections by making it clear that only United States citizens may vote in elections in South Dakota. Vote YES if you agree.

The South Dakota Constitution currently states that every United States citizen who is eighteen years of age or older and has met all residency requirements is entitled to vote in all elections, unless disqualified by law for mental incompetence or conviction of a felony.

However, our Constitution does not explicitly state that individuals who are not United States citizens are prohibited from voting. As long as United States citizens who meet the requirements are allowed to vote, nothing currently prohibits non-citizens also being allowed to vote. Amendment G closes that constitutional loophole.

Currently, the South Dakota Constitution recognizes only two reasons a person may be disqualified from voting: mental incompetence and conviction of a felony. Amendment G adds a third disqualification: not being a citizen of the United States. Vote YES to make it unmistakably clear that only United States citizens may vote in South Dakota elections.

This amendment does not change the voting rights of any eligible United States citizen. It does not change voter registration requirements, residency requirements, or election procedures. It simply adds clear language to our Constitution stating that non-citizens are not eligible to vote.

If approved by a majority of voters at the general election, this amendment will become part of the South Dakota Constitution. If rejected, the current constitutional loophole would remain in place. South Dakotans deserve confidence that our Constitution clearly protects the integrity of our elections. Vote YES on Amendment G.

From sdsos.gov, the official voter guide.

Argument against

By Representative Erik Muckey, District 15

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Today, under South Dakota's Constitution, only United States citizens can vote. Non-citizens cannot. Amendment J does not solve any problems. Instead, it creates one: you, a citizen, could be denied the right to vote over a challenge to your citizenship.

The first line of Amendment J restates what our state's Constitution already says: "Every individual who is a citizen of the United States" is entitled to vote. The problem is what Amendment J adds—"an individual who is not a citizen of the United States is disqualified from voting"— paired with a recently enacted law.

Effective July 1, 2026, any registered voter may challenge your registration by claiming you are not a citizen. There is no simple document to prove a person is not a citizen. When a challenge is filed, the burden shifts to you to prove that you are a citizen, with no clear timeline for when your citizenship is recognized.

In practice, this means a challenge from anyone could keep you from casting a timely absentee or Election Day ballot. Amendment J was sold in the Legislature as stopping non-citizens from voting. Instead, it makes ordinary citizens prove their status—most often naturalized citizens or citizens questioned over their name or background. Amendment J does not solve anything.

In 2024, the state found and removed 273 non-citizens from its rolls. Those people had marked "no" to citizenship on their driver's license applications, and the Department of Public Safety registered them as a result of human error. There has been no attempt to commit mass election fraud by noncitizens in South Dakota. Only citizens can vote in South Dakota.

Amendment J does not change that, but it gives bad actors a tool to deny your vote through an unclear citizenship challenge process. Vote No on Amendment J.

From sdsos.gov, the official voter guide.

Who’s behind it

Party positions: South Dakota Democratic Party: VOTE NO · South Dakota Republican Party: VOTE YES

Committees registered to support or oppose Constitutional Amendment J, and what they reported to South Dakota Secretary of State Campaign Finance Reporting System (sdcfr.sdsos.gov). Checked 2026-10-21.

Before comparing the sides: each committee’s figures come from its own latest report, so they can cover different dates. Some committees work on more than one measure or other campaigns, and their totals include all of it. A side with no registered committee can still have supporters. How much a side raised says nothing about whether the measure is a good idea.

Supporting

No registered committee supporting Constitutional Amendment J found as of 2026-10-21.

Opposing

No registered committee opposing Constitutional Amendment J found as of 2026-10-21.

A rhetorical technique is about wording, not about whether a measure is a good idea or an argument is true. Ballot wording is written under each state’s own rules, and official arguments by the people the state names. All South Dakota measures →

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