The Independent View: Open Primaries in South Dakota

In South Dakota currently, Democratic Presidential, Congressional, State, and Local Primaries are Open. Republican Presidential, Congressional, Stat, and Local Primaries are Closed.

Voters may or may not choose to Affiliate with a Political Party at Voter Registration.

The Democratic Party allows Party Members and Unaffiliated Voters to Participate in their Primaries. Voting in the Democratic Primary does not alter Unaffiliated Party Member Status.

Only Registered Republicans are allowed to Participate in the Republican Primary.

Voter Registration closes 15 days before the Primary Election.

So Open Primaries of South Dakota want to change this. On November 6th, they collected 37,200 Signatures, well over the 27,700 Signatures required, on a Petition for Top-Two Open Primaries to the States Secretary of State's Office.
The Office now needs to verity the Signatures.

The Petition

WE, THE UNDERSIGNED qualified voters of the state of South Dakota, petition that the following section or sections and article or articles of the South Dakota Constitution be amended and that this proposal be submitted to the voters of the state of South Dakota at the general election on November 6,2078 for their approval or rejection.

Tide: An initiated amendment to the South Dakota Constitution establishing open primary elections.

Attorney General Explanation:
Currently, in order to appear on the general election ballot as a political party's nominee, candidates 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. On the primary ballot, each candidate is listed with a party designation. Only registered members of the candidate's chosen party may vote for that candidate unless the political party has also opened the primary to voters with no party affiliation.

Under current law, candidates unaffiliated with a political party (independents) do not participate in the primary election. Rather, they appear on the general election ballot by filing proper nominating petitions.

For the above offices, this amendment establishes an open primary election for candidates, including independents. All registered voters may vote for any candidate. The two candidates with the most votes advance to the general election. For some offices, more than one candidate is to be elected at the general election. ln those instances, two candidates will advance to the general election for each position to be filled.

If this amendment is adopted, State election laws will need to be changed or be subject to challenge under the U.S. Constitution.

That Article VII of the Constitution of South Dakota be amended by adding thereto NEW SECTION to read as follows:

$ 4. An open primary election shall be held prior to the general election to nominate candidates for the office of Governor, the Legislature, all county elective offices, and the United States Senate and House of Representatives. The primary election for such candidates shall be open to all registered voters. The two candidates who receive the most votes in the open primary are the nominees for each office. If more than one candidate is to be elected to an office, the number of nominees shall be twice the number to be elected.