South Dakota rejects abortion rights protections, opts for marijuana

South Dakota voters rejected a proposal to add abortion rights protections to the state constitution, preserving a near-total ban there.

The abortion measure was among a crowded field of ballot initiatives for Tuesday's general election, which also included a proposal to legalize marijuana for recreational use. After most of the votes were counted Wednesday, the marijuana measure was defeated. Voters also rejected a measure to eliminate the state sales tax on groceries and a plan for a single all-candidate primary with the top two finishers from each office advancing.

Here's a look at the biggest ballot initiatives.

Voters remain committed to abortion

This was followed by the abortion vote in South Dakota Rejection in Florida a proposed amendment to the state constitution to protect abortion rights – the first time abortion opponents have won a statewide vote since the U.S. Supreme Court's Dobbs decision that overturned Roe v. Wade in June 2022.

The South Dakota measure would have banned restrictions on abortion in the first 12 weeks.

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

The ban in place since the Dobbs decision makes it a crime to perform an abortion except to save the patient's life.

Recreational marijuana supporters are trying again

South Dakota voters rejected a measure that would have legalized recreational marijuana use, continuing a back-and-forth battle over efforts to allow use of the drug.

Voters rejected the measure, which would have legalized recreational marijuana for people 21 and older, and set limits on marijuana possession. The proposal would also have allowed marijuana cultivation.

Voters have repeatedly spoken out about marijuana over the past eight years. In 2020, they finally allowed the use of marijuana for medical purposes, but again opposed recreational use of the drug after rejecting such a proposal in 2022.

A proposal to give grocery shoppers a break fails

Cash-rich South Dakota cut its sales tax from 4.5% to 4.2% last year, but voters rejected a proposal to eliminate the tax on groceries entirely.

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.

But critics of the measure said it was so poorly worded that it could go beyond its intended scope and even apply to tobacco products. They argued that the state would make up for lost revenue by imposing an income tax, which faced opposition from a coalition of businesses and other interest groups.

Supporters said they wanted to give people relief from food costs. The measure would have banned a state tax on “anything sold for human consumption,” except alcoholic beverages and prepared foods such as restaurant meals.

Party resistance is helping to derail the “jungle” primary plan

Voters rejected a proposal to introduce a so-called jungle primary after leaders of both major parties criticized it. These critics argued that the smaller libertarian and no-label parties would likely never appear on the general election ballot.

In South Dakota, Democrats allowed voters with no political affiliation to vote in their June primary, but Republicans did not. The ballot initiative would have amended the state constitution to eliminate partisan primaries by requiring all candidates to run for office at the same time, with the top two finishers advancing.

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.

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 would have been Republicans. Meanwhile, a broader electorate could have helped more moderate GOP candidates at the expense of more conservative candidates favored by party leaders.

South Dakota voters approved a ballot measure Tuesday that will allow officials to impose work requirements for Medicaid recipients.

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Hanna reported from Topeka, Kansas.