State constitution
Constitution of South Dakota
Data from SD Legislature
Full article/section structure with condensed section text. Article II is a single distribution-of-powers statement. Repealed/rejected articles (X, XXIV, XXV, XXVII) and Article XXX (held unconstitutional in Thom v. Barnett, 2021) are noted; gaps in section numbers reflect repealed provisions in the source. Read the verbatim text at the source link.
Article I Name and Boundary
§ 1 Name of state
The name of the state shall be South Dakota.
§ 2 Boundaries of state
Defines the boundaries of the state of South Dakota.
Article II Division of the Powers of Government
§ 1 Three departments of government
The powers of government are divided into three distinct departments — legislative, executive, and judicial — with the duties of each prescribed by the Constitution.
Article III Legislative Department
§ 1 Legislative power; initiative and referendum
Legislative power is vested in a Legislature, but the people reserve the initiative and referendum.
§ 2 Number of legislators; regular sessions
Sets the number of representatives and senators and provides for biennial sessions.
§ 4 Disqualification for conviction of crime; defaults
Persons convicted of certain crimes or in default to the state are disqualified from the Legislature.
§ 5 Legislative reapportionment
Legislative districts must be compact, contiguous, and as nearly equal in population as practicable.
§ 6 Terms of office; compensation
Sets legislative terms, compensation, and mileage.
§ 7 Convening of annual sessions
Provides for the convening of annual legislative sessions.
§ 8 Oath required of legislators and officers
Legislators and officers take a prescribed oath.
§ 9 Judge of qualifications; quorum
Each house judges the qualifications of its members; a majority is a quorum.
§ 10 Filling legislative vacancies
Provides for filling vacancies in the Legislature.
§ 11 Privilege from arrest; freedom of debate
Legislators are privileged from arrest and not questioned elsewhere for debate.
§ 13 Legislative journals; yeas and nays
Each house keeps a journal and records yeas and nays.
§ 14 Elections viva voce
Legislative elections are held viva voce.
§ 15 Open legislative sessions; exception
Legislative sessions are open except as provided.
§ 16 Adjournment of houses
Neither house may adjourn for more than a set period without the other's consent.
§ 17 Reading of bills
Requires the reading of bills before passage.
§ 18 Enacting clause; assent; recording
Prescribes the enacting clause and requires majority assent and recording.
§ 19 Signing of bills and resolutions
Bills and resolutions are signed by the presiding officers.
§ 20 Origin of bills; amendment
Bills may originate in either house and be amended in the other.
§ 21 One subject in title
Every law shall embrace but one subject, expressed in its title.
§ 22 Effective date; emergency clause
Sets the effective date of acts and provides for emergency clauses.
§ 23 Private and special laws prohibited
Prohibits private and special laws in enumerated cases.
§ 24 Release of debt to state or municipality
Prohibits releasing a debt owed to the state or a municipality.
§ 25 Games of chance prohibited; exceptions
Prohibits games of chance, with enumerated exceptions (lotteries, gaming as authorized).
§ 26 Municipal powers denied to private organizations
Municipal powers may not be delegated to private organizations.
§ 27 Suits against the state
The Legislature directs the manner of suits against the state.
§ 28 Bribery and corrupt solicitation
Prohibits bribery and corrupt solicitation of officers.
§ 29 Legislative powers in enemy emergency
Grants emergency legislative powers in an emergency from enemy attack.
§ 31 Special sessions upon petition
Provides for convening special sessions on petition of the Legislature.
§ 32 Term limitations for Congressmen
Concerns term limitations for United States Congressmen (superseded by federal law).
Article IV Executive Department
§ 1 Executive power
The executive power is vested in the Governor.
§ 2 Qualification, election, and term
Sets the Governor's qualifications, election, and term.
§ 3 Powers and duties of the Governor
Enumerates the Governor's powers and duties, including commander-in-chief and clemency powers.
§ 4 Veto power
The Governor may veto bills and items of appropriation, subject to override.
§ 5 Lieutenant governor
Sets the powers and duties of the lieutenant governor.
§ 6 Succession of executive power
Provides for succession to the executive power.
§ 7 Other executive officers
Provides for other executive officers, their powers, duties, and terms.
§ 8 Reorganization
Authorizes reorganization of the executive branch into departments.
§ 9 Appointment and removal power
Provides the Governor's appointment and removal power.
Article V Judicial Department
§ 1 Judicial powers
Judicial power is vested in a unified system of a Supreme Court, circuit courts, and courts of limited jurisdiction.
§ 2 Supreme Court
Provides for the Supreme Court and its justices.
§ 3 Circuit courts
Provides for the circuit courts as general trial courts.
§ 4 Courts of limited jurisdiction
Provides for courts of limited jurisdiction.
§ 5 Jurisdiction of courts
Sets the jurisdiction of the courts.
§ 6 Qualifications of judicial personnel
Sets the qualifications of judicial personnel.
§ 7 Judicial selection
Provides for the selection of judges.
§ 8 Selection of the Chief Justice
Provides for selecting the Chief Justice.
§ 9 Qualifications commission
Establishes a judicial qualifications commission.
§ 10 Restrictions
Restricts other activities of justices and judges.
§ 11 Administration
Provides for administration of the unified judicial system.
§ 12 Rule-making power
Grants the Supreme Court rule-making power over practice and procedure.
§ 13 Transition
Transitional provisions for the judicial article.
Article VI Bill of Rights
§ 1 Inherent rights
All persons have certain inherent rights, including life, liberty, and the pursuit of happiness.
§ 2 Due process; right to work
No person is deprived of life, liberty, or property without due process; the right to work is protected.
§ 3 Freedom of religion
Protects freedom of religion and prohibits compelled support of religion.
§ 4 Petition and peaceable assembly
The people have the right to petition and peaceably assemble.
§ 5 Freedom of speech; truth as defense
Every person may freely speak, write, and publish, with truth as a defense and jury trial in libel cases.
§ 6 Jury trial; reduced jury
Preserves trial by jury; permits reduced juries and less-than-unanimous civil verdicts as provided.
§ 7 Rights of accused
The accused has the rights to counsel, notice, confrontation, compulsory process, and a speedy public trial.
§ 8 Right to bail; habeas corpus
Persons are bailable, and the writ of habeas corpus is protected.
§ 10 Indictment or information
Serious crimes proceed by indictment or information as provided.
§ 11 Search and seizure
The people are secure against unreasonable searches and seizures; warrants require probable cause.
§ 12 Ex post facto laws; impairment of contract
No ex post facto law or law impairing contracts shall be passed.
§ 13 Private property not taken without compensation
Private property is not taken or damaged for public use without just compensation.
§ 14 Resident aliens' property rights
Resident aliens have the same property rights as citizens.
§ 15 Imprisonment for debt
No person shall be imprisoned for debt arising out of contract.
§ 16 Military subordinate to civil power; quartering
The military is subordinate to civil power and quartering of soldiers is limited.
§ 17 Taxation without consent; uniformity
Taxes must be uniform and levied only by consent through law.
§ 18 Equal privileges or immunities
No law shall grant to any class privileges or immunities not equally available to all.
§ 19 Free and equal elections; suffrage
Elections shall be free and equal and the right of suffrage protected.
§ 20 Courts open; remedy for injury
All courts are open and every person has a remedy for injury.
§ 21 Suspension of laws prohibited
The suspension of laws is prohibited except by the Legislature.
§ 22 Attainder by Legislature prohibited
The Legislature shall pass no bill of attainder.
§ 23 Excessive bail or fines; cruel punishments
Excessive bail and fines and cruel punishments are prohibited.
§ 24 Right to bear arms
The right of citizens to bear arms in defense of themselves and the state shall not be denied.
§ 25 Treason
Defines treason and its proof.
§ 26 Power inherent in people; alteration of government
All political power is inherent in the people, who may alter their form of government.
§ 27 Maintenance of free government
A frequent recurrence to fundamental principles is essential to free government.
§ 29 Rights of crime victim
A victim of crime is entitled to enumerated rights of justice and due process.
Article VII Elections and Right of Suffrage
§ 1 Right to vote
Every United States citizen 18 or older who is a resident and registered may vote.
§ 2 Voter qualification
The Legislature may provide voter-qualification and disqualification standards.
§ 3 Elections
The Legislature regulates the conduct of elections and voter registration.
Article VIII Education and School Lands
§ 1 Uniform system of free public schools
The Legislature shall establish and maintain a general and uniform system of free public schools.
§ 2 Perpetual trust fund for public schools
Establishes a perpetual trust fund for the maintenance of public schools.
§ 4 Sale of school lands; appraisal
Provides for the appraisal and sale of school lands.
§ 5 Terms of sale of school lands
Sets the terms of sale of school lands.
§ 6 Conduct of sales; conveyance
Governs the conduct of school-land sales and conveyance of title.
§ 7 Perpetual trust fund from grants
Establishes a perpetual trust fund from proceeds of grants and gifts.
§ 9 Lease of school lands
Provides for leasing school lands.
§ 10 Trespassers' claims not recognized
Claims of trespassers to public lands are not recognized.
§ 11 Investment of permanent educational funds
Governs the investment of permanent educational funds.
§ 12 Governor's disapproval of sale or lease
The Governor may disapprove a sale, lease, or investment of educational funds.
§ 13 Audit of losses
Provides for auditing losses to permanent educational funds.
§ 14 Protection of school lands
Provides for the protection and defense of school lands.
§ 15 Taxation to support schools
Provides for taxation to support the school system and classification for that purpose.
§ 16 Sectarian instruction prohibited
Public support of sectarian instruction is prohibited.
§ 17 Interest in sale of school equipment prohibited
Officers may not have an interest in the sale of school equipment.
§ 18 Apportionment of mineral leasing moneys
Provides for apportioning mineral-leasing moneys.
§ 19 Mineral rights reserved to state
Mineral rights in school lands are reserved to the state and leased as provided.
§ 20 Loan of nonsectarian textbooks
Authorizes loaning nonsectarian textbooks to all school children.
Article IX Local Government
§ 1 Organization of local government
Provides for the organization of local government by general law.
§ 2 Home rule
Authorizes home-rule charters for counties and municipalities.
§ 3 Intergovernmental cooperation
Authorizes cooperation among governmental units.
§ 4 Local initiatives for cooperation
Provides for local initiatives to establish cooperation and cooperative agreements.
Article X Municipal Corporations
§ 1 Repealed
Article X (Municipal Corporations) has been repealed; its subject is now governed by Article IX.
Article XI Revenue and Finance
§ 1 Annual tax
Provides for the levy of an annual tax sufficient to meet expenses.
§ 3 Corporate tax power not suspended
The state's power to tax corporations shall not be suspended.
§ 4 Banks and bankers taxed
Banks and bankers are subject to taxation.
§ 5 Public property exempt; exceptions
Public property is exempt from taxation, with exceptions.
§ 6 Property exempt from taxation
Enumerates property exempt from taxation, including certain personal property.
§ 7 Other exemption laws void
Tax-exemption laws other than those authorized are void.
§ 8 Object of tax; vehicle and fuel taxes
The object of each tax must be stated; motor-vehicle and fuel taxes are dedicated to highways.
§ 9 Taxes paid into treasury; appropriations
Taxes are paid into the treasury and drawn only on appropriation.
§ 10 Special assessments for local improvements
Provides for special assessments for local improvements.
§ 11 Unauthorized use of public money as felony
Unauthorized use of public money is a felony.
§ 12 Annual statement of receipts and expenditures
Requires an annual statement of receipts and expenditures.
§ 13 Vote to increase tax rates or valuations
A two-thirds vote is required to increase tax rates or valuations.
§ 14 Vote to impose or increase taxes
A two-thirds legislative vote is required to impose or increase taxes.
§ 15 Inheritance tax prohibited
The state shall not levy an inheritance or estate tax.
Article XII Public Accounts and Expenditures
§ 1 Appropriation and warrant required
No money is paid from the treasury except on appropriation and warrant.
§ 2 Contents of general appropriation bill
The general appropriation bill contains only ordinary expenses; others are by separate bills.
§ 3 Extra compensation prohibited
No extra compensation or unauthorized payment is allowed after service.
§ 5 Health care trust fund
Establishes a health care trust fund and governs its investment.
§ 6 Education enhancement trust fund
Establishes an education enhancement trust fund.
Article XIII Public Indebtedness
§ 1 State enterprises; legislative vote
State enterprises require a legislative vote as provided.
§ 2 Maximum state debt; tax to repay
Limits state debt and requires an irrepealable tax to repay it.
§ 3 State debt in addition to territorial debt
State debt is in addition to assumed territorial debt.
§ 4 Debt limits for municipalities and subdivisions
Sets debt limitations for municipalities and political subdivisions.
§ 5 Tax to repay municipal debt
Requires an irrepealable tax to repay municipal or subdivision debt.
§ 8 Refunding bonds for territorial debt
Authorizes a refunding bond issue for territorial debt.
§ 9 Road construction and coal supply
Authorizes state road construction and coal supply.
§ 10 State cement enterprises
Authorizes state cement enterprises.
§ 11 Pledge to fund cement enterprises
Pledges the state to fund its cement enterprises.
§ 12 State electric power enterprises
Authorizes state electric power enterprises.
§ 13 Pledge to fund electric power enterprises
Pledges the state to fund its electric power enterprises.
§ 14 State coal mining enterprises
Authorizes state coal mining enterprises.
§ 15 Pledge to fund coal enterprises
Pledges the state to fund its coal enterprises.
§ 16 Works of internal improvement
Concerns state involvement in works of internal improvement.
§ 17 Home loans by state; debt limitation
Authorizes home loans by the state within debt limits.
§ 19 Bonus paid to veterans
Authorizes a bonus paid to veterans and deceased veterans' survivors.
§ 20 Trust fund from cement proceeds
Creates a trust fund from proceeds of the state cement enterprise.
§ 21 Transfers from trust fund to general fund
Provides for transfers from the trust fund to the general fund.
Article XIV State Institutions
§ 1 Charitable and penal institutions
Provides for state charitable and penal institutions.
§ 2 Government of charitable and penal institutions
Provides for the governance of charitable and penal institutions.
§ 3 Governance of educational institutions
Provides for the governance of state educational institutions.
§ 4 Repealed
Repealed.
§ 5 Mining and metallurgy to be taught
Requires that mining and metallurgy be taught at a state institution.
Article XV Militia
§ 1 Composition of militia
The militia consists of able-bodied citizens as provided by law.
§ 2 Legislative provisions for militia
The Legislature provides for organizing and maintaining the militia.
§ 3 Conformity to federal regulations
The militia conforms to federal regulations.
§ 4 Commissions of officers
Provides for commissioning militia officers.
§ 5 Militia privileged from arrest
Militia members are privileged from arrest during attendance at muster.
§ 6 Safekeeping of military records
Provides for safekeeping of military records and relics.
§ 7 Conscientious objectors
Conscientious objectors are not required to perform military duty.
Article XVI Impeachment and Removal from Office
§ 1 Power of impeachment in house
The House of Representatives has the power of impeachment by majority vote.
§ 2 Trial of impeachments
The Senate tries impeachments, with the presiding officer as provided.
§ 3 Officers subject to impeachment; grounds
Enumerates officers subject to impeachment and the grounds.
§ 4 Removal of officers not subject to impeachment
Provides for removing officers not subject to impeachment.
§ 5 Suspension between impeachment and acquittal
An impeached officer's duties are suspended pending trial.
§ 6 Lieutenant governor not to try Governor
The lieutenant governor does not preside over the Governor's impeachment trial.
§ 7 Service of copy before trial
A copy of the impeachment is served before trial.
§ 8 Impeachment twice for same offense prohibited
No person is impeached twice for the same offense.
Article XVII Corporations
§ 1 Special corporation laws prohibited
Corporations are formed under general laws; special corporation laws are prohibited.
§ 2 Invalidation of charters without bona fide organization
Charters not followed by bona fide organization are void.
§ 3 Laws for benefit of corporation conditioned on acceptance
Laws benefiting a corporation are conditioned on its acceptance.
§ 4 Corporations subject to eminent domain and police power
Corporations are subject to eminent domain and the police power.
§ 5 Casting of votes for directors
Provides for cumulative voting for corporate directors or managers.
§ 6 Place of business and agent required
Corporations must maintain a place of business and an authorized agent.
§ 7 Business expressed in charter; real estate
The corporate business must be expressed in the charter; real-estate holdings are limited.
§ 8 Stocks and bonds; indebtedness
Regulates the issuance of stocks and bonds and increases of indebtedness.
§ 9 Power to alter or annul charters
The Legislature may alter, revise, or annul corporate charters.
§ 10 Local consent for street railroad
Local consent is required to grant a street railroad franchise.
§ 11 Telegraph lines
Provides for the construction and maintenance of telegraph lines.
§ 12 Railroad corporations
Regulates railroad corporations as common carriers.
§ 13 Movable property of railroads
Concerns the movable property of railroad corporations.
§ 14 Consolidation of railroad lines
Restricts consolidation of competing railroad lines.
§ 15 Railways declared public highways
Railways and rail companies are declared public highways and carriers.
§ 17 Rate discrimination prevention
Prohibits unjust discrimination in rates.
§ 18 Compensation for property taken
Requires compensation for private property taken for corporate use.
§ 19 Corporations defined
Defines the term corporations for this article.
§ 20 Monopolies and trusts prohibited
Monopolies, trusts, and combinations in restraint of trade are prohibited.
§ 21 Corporate or syndicate farming prohibited
Restricts corporate or syndicate farming, with exceptions.
Article XVIII Banking and Currency
§ 1 General banking law
Provides for a general banking law with required provisions.
§ 2 Bank to cease operations within twenty years
A bank must cease operations within twenty years of organization unless renewed.
Article XIX Congressional and Legislative Apportionment
§ 1 Congressional representatives elected at large
Provides for electing congressional representatives at large as applicable.
§ 2 Senatorial and representative districts
Provides for apportioning senatorial and representative districts.
Article XX Seat of Government
§ 1 Temporary seat of government
Provides for a temporary seat of government by vote.
§ 2 Permanent seat of government
Provides for a permanent seat of government by vote.
§ 3 Election between two highest places
Provides for a runoff election between the two places with the highest votes.
Article XXI Miscellaneous
§ 1 Seal and coat of arms
Establishes the state seal and coat of arms.
§ 2 Salary of constitutional officers
Provides for the salaries of constitutional officers.
§ 3 Oath of office
Prescribes the oath of office.
§ 4 Exemptions
Provides for a homestead and personal-property exemption.
§ 5 Rights of married women
Protects the separate property rights of married women.
§ 6 Drainage of agricultural lands
Provides for the drainage of agricultural lands.
§ 7 Irrigation of agricultural lands
Provides for the irrigation of agricultural lands.
§ 8 Hail insurance
Authorizes a state hail-insurance program.
§ 9 Marriage
Defines marriage as only between a man and a woman (superseded by federal law).
Article XXII Compact with the United States
§ 1 Compact with the United States
Contains the irrevocable compact with the United States on religious toleration, public lands, debts, and schools.
Article XXIII Amendments and Revisions of the Constitution
§ 1 Amendments
The Legislature may propose amendments by majority vote, submitted to the voters.
§ 2 Revision
The Legislature may call a constitutional convention by three-fourths vote of each house, subject to voter approval.
§ 3 Ratification
Amendments and revisions take effect when ratified by a majority of the voters.
Article XXIV Prohibition
§ 1 Repealed
Article XXIV (Prohibition) has been repealed.
Article XXV Minority Representation
§ 1 Rejected
Article XXV (Minority Representation) was rejected and never took effect.
Article XXVI Schedule and Ordinance
§ 1 Continuation of prior writs and actions
Continues prior writs, actions, claims, and rights into statehood.
§ 2 Fines, forfeitures, and escheats
Fines, forfeitures, and escheats of the territory accrue to the state.
§ 3 Recognizances, bonds, and obligations
Continues recognizances, bonds, and obligations of the territory.
§ 4 Civil and military officers
Continues civil and military officers until superseded.
§ 5 Election of Constitution and state officers
Provides for the election ratifying the Constitution and choosing officers.
§ 6 Election for temporary seat of government
Provides for the election on the temporary seat of government.
§ 7 Conduct of election
Governs the conduct of the ratifying election.
§ 8 Election returns
Provides for making election returns.
§ 9 Canvass of vote
Provides for canvassing the vote and filing with county clerks.
§ 10 Certification of senator or representative
Provides for certifying elected senators or representatives.
§ 11 Delivery of returns to state officer
Provides for delivering returns to the proper state officer.
§ 12 Apportionment of first Legislature
Apportions the first state Legislature.
§ 13 First assembly; oaths of office
Provides for the first assembly of the Legislature and oaths of office.
§ 14 Election of two United States senators
Provides for electing the state's first two United States senators.
§ 15 Adjournment after election of senators
Provides for adjournment after electing senators.
§ 16 Necessary powers of Legislature and officers
Grants the Legislature and officers necessary transitional powers.
§ 17 Validity of ordinances and schedule
Confirms the validity of the ordinances and schedule.
§ 19 Tenure of elected officers
Sets the tenure of the first elected officers.
§ 20 Time of general election
Sets the time of the general election.
§ 22 Enrollment of Constitution
Provides for enrolling the Constitution and delivering it to the secretary.
§ 23 Agreement by joint commission
Provides for a joint commission agreement on division of territorial matters with North Dakota.
Article XXVII State Control of Manufacture and Sale of Liquor
§ 1 Repealed
Article XXVII (State Control of Manufacture and Sale of Liquor) has been repealed.
Article XXVIII County Investment of Permanent School and Endowment Funds
§ 1 School and governmental bonds; farm loans
Authorizes counties to invest permanent school and endowment funds in bonds and farm loans.
Article XXIX State Elevators, Warehouses, Flouring Mills, and Packing Houses
§ 1 Provision for elevators and warehouses
Authorizes the Legislature to provide for state elevators, warehouses, flouring mills, and packing houses to market agricultural products.
Article XXX Marijuana and Hemp
§ 1 Held unconstitutional
Article XXX (Marijuana and Hemp), adopted by initiative in 2020, was held unconstitutional in Thom v. Barnett, 2021 S.D. 65, and is not in effect.
Full, verbatim text at SD Legislature