Amendment H seeks to establish a top-two, open primary election system in the state of South Dakota, but there’s more to the measure than that simple ballot description.
The measure is sponsored by Joe Kirby, a Sioux Falls lawyer and business owner. The petition effort received 46,500 signatures on its way to the ballot.
To start, the main goal of advocates is to establish open primaries for state election. This means any registered South Dakota voter would be eligible to vote in primary elections.
As it stands now, the state Democratic primary is open to party members and Independents. The Republican primary is available only to registered party members.
In this context top-two refers to the ultimate result of the primary vote. After all candidates are listed on the primary ballot, the top-two advance to the general election.
Republicans have dominated statewide races for years. Amendment H backers say this ultimately makes the Republican primary the true election - meaning non-Republicans get little to no say in who represents them.
Open primaries are utilized in 19 states, while the remainder opt for a closed or semi-closed primary.
Additionally, the top-two format is used in states like California and Washington, and a similar ballot is used for Nebraska’s officially non-partisan elections.
The offices of governor, state legislator, US Senate and House, and county boards would be impacted by this proposal. If a vote would elect more than one candidate, the number of candidates advancing from the primary would be double the total elected. For example, if two seats were to be filled, four candidates would advance.
Both the state Democratic and Republican parties oppose this measure, as do Republican US Sen. Mike Rounds.
Rounds said in a statement to South Dakota Newswatch that he supports the current system of primary election.
For advocate Tom Dempster with South Dakota Open Primaries, it’s as simple as adding a few extra names to a ballot.
“When open primaries passes, the ballot we have in the primary will be exactly the same ballot we have in the general election," Dempster said. "In the primary, all of the candidates will be on one ballot, everyone will get to vote for those candidates, everyone would get to vote for the candidate of their choice, and the top two go to the general election.”
Dempster said the state constitution already advocates for open access to primary votes.
“Article 7 of the South Dakota constitution says this: “elections shall be free and equal.” It also says: “every citizen 18 years and old shall be entitled to vote in all elections,” Dempster said.
He added that the primary voter turnout numbers prove the need for open primaries.
“In our most recent primary, 21 out of 35 in the (state) Senate and over 50% of the House are already elected in the primary election," Dempster said. "Who elected over 50% of the House? Was it 100% of the voters? 90%? 80%? 70%? No, 15% of the voters in the primary.”
In turn, Juliann Talkington represents the No on H group, and argues primaries are already open in South Dakota.
“If somebody wishes to change their party affiliation, and they’re a Republican and wishes to vote as a Democrat, that can be done with about three minutes of time," Talkington said. "If you’re a Democrat wanting to vote as a Republican, you can do the same. If you’re an independent and you want to vote as a Republican, all those options are available to you now and every time I’ve worked, I’ve had independents voting.”
Talkington said the proposal could make the state even less competitive electorally.
“If we change this there are parties that would never have a candidate on the ballot, because if we go to a top-two primary that would mean most people in the state are Republicans, and likely those top-two candidates would be Republicans," Talkington said. "So, you could have independents and Democrats who could possibly never be on the ballot.”
Talkington argued the political landscape would change dramatically if H were to pass.
“We have a great system going on here now, someone can run for office because they don’t like what’s going on for a couple thousand dollars," Talkington said. "We need to keep it that way so everyone can participate, and everyone can be a part of the system.”
Other concerns orbit outsider financial influence on elections and the ability for a more radical candidate to advance deep into an election without being stopped by the primary system. Proponents argue this is an overblown concern and say more access to primary elections will lead to stronger voter turnout and engagement.
A yes vote in November adopts this amendment, and a no vote would leave the state constitution as is.
Comments from supporters and opponents of this measure were made at the Vote South Dakota forum. Watch the full forum, which includes discussion on other measures on the South Dakota ballot, here.
