Amendment G: South Dakotans vote on abortion rights

SIOUX FALLS, S.D. (KELO) – Tuesday is the final day for South Dakota voters to weigh in on Amendment G, a ballot measure that would make abortion a state constitutional right and establish a trimester framework for abortion regulation.

Be informed on the seven 2024 ballot measures

In the first trimester, a woman's decision to obtain an abortion may not be regulated. During the second trimester, the state may regulate abortion, but "only in ways that are reasonably related to the physical health of the pregnant woman. In the third trimester, the state may regulate or prohibit abortion, except when abortion is medically necessary.

Supporters say the amendment closely resembles Roe v. Wade and would protect doctors from legal action and streamline the abortion procedure. Opponents say the amendment is too extreme and lacks regulation throughout the pregnancy.

A 'yes' vote would support South Dakota providing a state constitutional right to an abortion under the trimester framework. A 'no' vote would oppose the amendment and South Dakota's current abortion laws will remain.

In 2022, the Supreme Court ruled to remove the nationwide right to abortion , or Roe v. Wade, which pushed the responsibility of abortion law onto individual states. The state's trigger law, which banned abortions, went into effect.

Under current South Dakota law, abortion is banned and considered a Class 6 felony punishable by up to two years in prison and up to a $4,000 fine. The only exception to the law is if there is an "appropriate and reasonable medical judgment" that an abortion would save the mother's life. There is no exception for rape or incest.

Also under South Dakota law , the female may not be held criminally liable for the abortion, only the person performing or prescribing it.

South Dakota joins seven other states voting on abortion access this election.

According to early polling from KELOLAND News/The Hill , 48% of the respondents said they would vote no on G, while 45% said they would vote yes and 7% were undecided.

Future uncertain due to lawsuit

Even if Amendment G passes, there is no guarantee it will take effect with the other passed ballot measures. Anti-abortion group Life Defense Fund sued the amendment sponsor, Dakotans for Health, on the grounds of invalid petition signatures.

Abortion case pushed to December

If a judge rules in favor of Life Defense Fund and believes Dakotans for Health submitted faulty signatures, the amendment could retroactively be voided.

The next hearing date is set for Dec. 2, with the trial currently scheduled for end of January.