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AG releases explanation for amendment to the SD Constitution providing for a top-two primary election

Attorney General Jason Ravnsborg has released the following explanation for the 2022 general election ballot regarding an amendment to the South Dakota Constitution which would provide for a top-two primary election:

“Currently, to appear on the general election ballot, candidates for major political parties for the following offices must participate in a partisan primary election: Governor, State Legislature, U.S. Senate, and House of Representatives, and elected county offices. Only registered members of the candidate’s chosen party may vote for that candidate unless the political party has opened the primary to voters not affiliated with the party.

“Candidates affiliated with a minor party may be chosen by primary or party convention.

“Unaffiliated candidates (independents) do not participate in the primary election; they appear on the general election ballot by filing proper nominating petitions.

“For the above offices, this amendment requires one primary election wherein all candidates run against each other in their respective races, including major party, minor party, and independent candidates. All registered voters may vote for any candidate. The two candidates receiving the most votes advance to the general election. If there is more than one candidate to be elected to an office, the number of candidates advancing to the general election will be twice the number to be elected. Primary elections may be held for other offices.”

While this amendment will allow voters who aren’t registered in a major political party to vote in primary elections, it leaves open the possibility that two candidates from the same party will appear on the ballot in the general election.

This also leads to the possibility that voters from the minority parties will try to influence the majority party’s candidate.

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