South Dakota votes to protect abortion access and allow recreational marijuana

South Dakota will decide Tuesday whether to add abortion rights protections to the state constitution and potentially repeal the state's abortion ban.

The abortion rights measure was among a crowded field of initiatives on the state's general election ballot, which also included the proposed legalization of marijuana for recreational use, a measure to eliminate the state's sales tax on food and a plan for a single primary for all candidates heard election with the top two finishers for each advancing office.

Here's a look at the biggest ballot initiatives.

Voters could change course on abortion

The abortion measure would amend the South Dakota Constitution to ban restrictions on terminating a pregnancy during the first 12 weeks.

From the 13th to the 26th week of pregnancy, state regulations must be “reasonably related” to the patient’s physical health. Even after the 26th week, the state would have to allow abortions to protect a patient's life or health.

The ban, in effect since 2022, makes performing an abortion a criminal offense except to save the patient's life.

Even if voters approve the measure, abortion opponents still hope to have the final say. A lawsuit filed by the Life Defense Fund is pending in state district court and a hearing on whether to pursue the legal challenge is scheduled for Dec. 2.

The group argues that misconduct by supporters collecting voter signatures means the measure should not have been allowed on the ballot. Supporters argue that the lawsuit is a desperate attempt to thwart the will of voters.

Recreational marijuana supporters are trying again

South Dakota voters are considering a pro-marijuana ballot initiative for the fifth time in eight years. That includes three suggestions to legalize recreational use in the last four years.

The latest measure would legalize recreational marijuana for people 21 and older and up to 2 ounces in a form other than concentrated cannabis or cannabis products. The measure would also allow the cultivation of crops with restrictions.

Before the election, 24 other states had legalized recreational use.

South Dakota voters passed a law in 2020 Legalizing the medical use of marijuana, four years after rejecting the idea.

Separately, voters in 2020 approved an amendment to the South Dakota Constitution to legalize recreational use, but the state Supreme Court agreed destroyed it. Voters rejected another proposal 2022.

Some are hoping to give grocery shoppers a break

Cash-rich South Dakota cut its sales tax from 4.5% to 4.2% last year. Voters will now decide whether the tax on food should be abolished.

The measure would amend the state constitution to prohibit a state tax on “anything sold for human consumption,” excluding alcoholic beverages and prepared foods such as restaurant meals.

The Legislature's research team estimated the state would lose about $124 million in annual revenue, or 5% of its $2.4 billion in general tax revenue.

Both major parties are against a “jungle” primary

In South Dakota, Democrats allowed voters with no political affiliation to vote in their June primary, but Republicans did not. The ballot initiative would amend the state constitution to eliminate partisan primaries by requiring all candidates for office to run simultaneously in a so-called “jungle primary.”

Proponents of the change argue that it would make elections more reflective of voters' wishes and ensure that 155,000 voters with no party affiliation can vote for their preferred candidates in a primary.

But leaders of both major political parties have criticized the proposal, arguing that candidates from the smaller Libertarian and no-label parties would likely never appear on the general election ballot.

In a state where the GOP holds nearly 90% of the legislative seats, it is likely that in many places all of the general election candidates will be Republicans. Meanwhile, a broader electorate could help more moderate GOP candidates at the expense of more conservative candidates favored by party leaders.

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Hanna reported from Topeka, Kansas.