2024 Abortion State Ballot Measure

SOUTH DAKOTA

Abortion Limit Under Current Law:
Abortion banned

Summary:

Citizen-initiated measure to amend the state constitution to
- protect the right to abortion during the first trimester
- prevent the state from prohibiting, but allowing the state to regulate the ability to have an abortion during the second trimester only when reasonably related to the physical health of the pregnant woman
- protect the ability to have an abortion during the third trimester when it is medically necessary to preserve the life or health of the pregnant woman

Needs greater than 50% of votes to pass

YES vote means: Supporting the trimester framework creating the right to abortion during the first trimester, allowing second trimester abortion regulations only when related to the physical health, and allowing third trimester abortion regulations and or prohibits except when determined to be necessary to save the life and health of the pregnant woman.
NO vote means: Opposing the trimester framework regulation and therefore abortion would remain banned.

That Article VI of the Constitution of the State of South Dakota be amended by adding a NEW SECTION:
1. Before the end of the first trimester, the State may not regulate a pregnant woman’s abortion decision and its effectuation, which must be left to the judgment of the pregnant woman.
2. After the end of the first trimester and until the end of the second trimester, the State may regulate the pregnant woman’s abortion decision and its effectuation only in ways that are reasonably related to the physical health of the pregnant woman.
3. After the end of the second trimester, the State may regulate or prohibit abortion, except when abortion is necessary, in the medical judgment of the woman’s physician, to preserve the life or health of the pregnant woman.

Resources:

Prepared by Sarah Osborn, AMSA Gender & Sexuality
Action Committee, Reproductive Justice Coordinator
9/22/24