SB 5 — require the disclosure of whether a ballot question was proposed by initiative or by the Legislature.

26.38.1026.38.11 101st Legislative Session 5 South Dakota Legislature Senate Bill 5 IntroducedENROLLED by:AN A CT ENTITLED An Act to require the disclosure of whether a ballot question was proposed by initiative or by the Legislature.

SenatorB RohlE AnIT ActENACTED toBY requireTHE theLEGISLATURE disclosureOF ofTHE whetherS aTATE ballotOF questionS wasOUTH proposedD byAKOTA initiative: or by the Legislature.

B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :

(1) ATheThe title,title which is a concise statement of the subject of the proposed amendment to the constitution or referred law;

and (3)(4)(4) A recitation:

or Overstrikes(b) indicateFor deleteda language.referred law, stating "Vote 'Yes' to allow the Act of the Legislature to become law" and "Vote 'No' to reject the Act of the Legislature".

26.38.1026.38.11 2 5 (b)The Forexplanation amay referrednot law,exceed statingtwo "Votehundred 'Yes'words toin allowlength. the Act of the Legislature to become law" and "Vote 'No' to reject the Act of the Legislature.

The explanation may not exceed two hundred words in length.

(1) The title, which is a concise statement of the subject of the proposed initiated measure or initiated amendment to the constitution;

(a) Educates the voters on the purpose and effect of the initiated proposed measure or amendment to the constitution;

and (b) Describes the legal consequences of the proposed initiated measure or initiated amendment to the constitution, including any likely exposure of the state to liability as the result of the proposed initiated measure or initiated amendment to the constitution.

The attorney general shall file the draft statement with the secretary of state, post the draft statement on the attorney general's website, and release a press release announcing a draft statement has been posted for comment within sixty days of receipt of the proposed initiated measure or initiated amendment to the constitution.

OverstrikesOnce indicatethe deletedcomment language.period has expired and any revisions have been completed, the attorney general shall file the final statement with the secretary of state and shall provide a copy to the sponsors within twenty days of the filing of the draft statement.

26.38.10SB5 ENROLLED 26.38.11 3 5 OnceIf the commentsignatures periodon hasa expiredpetition andfor anya revisionsproposed haveinitiated beenmeasure completed,or theinitiated attorneyamendment generalto shallthe fileconstitution theare finalfiled statementpursuant withto the§ secretary2-1-1.1 ofor state2-1-1.2, andthe shallattorney providegeneral must deliver a copyrecitation to the sponsorssecretary withinof twentystate daysbefore of the filingthird ofTuesday thein draftMay. statement.

If the signatures on a petition for a proposed initiated measure or initiated amendment to the constitution are filed pursuant to § 2-1-1.1 or 2-1-1.2, the attorney general must deliver a recitation to the secretary of state before the third Tuesday in May.

UnderscoresSB5 indicateENROLLED new26.38.11 language.4 5 An Act to require the disclosure of whether a ballot question was proposed by initiative or by the Legislature.

OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

5 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

5 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB5 ENROLLED