§ 1.
Legislative power--Initiative and referendum.
The legislative power of the state shall
be vested in a Legislature which shall consist of a senate and house of representatives. However,
the people expressly reserve to themselves the right to propose measures, which shall be
submitted to a vote of the electors of the state, and also the right to require that any laws which
the Legislature may have enacted shall be submitted to a vote of the electors of the state before
going into effect, except such laws as may be necessary for the immediate preservation of the
public peace, health or safety, support of the state government and its existing public institutions.
Not more than five percent of the qualified electors of the state shall be required to invoke either
the initiative or the referendum.
This section shall not be construed so as to deprive the Legislature or any member thereof of the
right to propose any measure. The veto power of the Executive shall not be exercised as to measures
referred to a vote of the people. This section shall apply to municipalities. The enacting clause of all
laws approved by vote of the electors of the state shall be: "Be it enacted by the people of South
Dakota." The Legislature shall make suitable provisions for carrying into effect the provisions of
this section.
History: Amendment proposed by SL 1897, ch 39, approved Nov. 8, 1898; amendment proposed by SL 1913, ch 132, rejected Nov. 3, 1914; amendment proposed by SL 1921, ch 146, rejected Nov., 1922; amendment proposed by SL 1969, ch 242, rejected Nov. 3, 1970; amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976; amendments proposed by SL 1980, chs 2 and 3, rejected Nov. 4, 1980; amendment proposed by SL 1987, ch 1, approved November 8, 1988.
