Attorney General releases draft explanation for possible state grocery sales tax repeal

South Dakota Attorney General Mark Vargo has released an Attorney General’s ballot draft explanation for a draft Constitutional Amendment entitled: An Initiated Constitutional Amendment Prohibiting Taxes on Anything Sold for Eating or Drinking.

Review the draft explanation here on the Draft Ballot Explanations page on the Attorney General’s website.

State law requires the Attorney General to draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. See SDCL 12-13-9 & 12-13-25.1.

The Attorney General’s explanation is meant to be an “objective, clear, and simple summary” intended to “educate the voters of the purpose and effect of the proposed” measure, as well as identify the “legal consequences” of each measure. SDCL 12-13-9 & 12-13-25.1. Each explanation is limited to 200 words.

The public can comment on draft Attorney General explanations. Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The Attorney General must review all accepted comments and may revise the draft explanation as deemed necessary.

The final explanation from the Attorney General must be filed with the Secretary of State no later than 20 days after filing the draft explanation.

For more information regarding ballot measures, please visit the Secretary of State’s website.

State law may be reviewed by visiting the Legislative Research Council webpage.

To file written comments on a draft Attorney General’s explanation please use one of the following methods. Copies of all received comments will be posted on this website. The deadline for comments on this amendment explanation is November 3, 2022, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on November 14, 2022.

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