South Dakota voters did not pass a constitutional amendment to create a campaign finance and government accountability board but passed a measure to ban out of state donations on ballot questions.

Amendment W would have had the power to regulate campaign finance and lobbying laws and create a government accountability board. The measure failed by a margin of 45 percent in favor with 55 percent against.

Initiated Measure 24 bans out of state campaign donations for ballot question committees by nonresidents, out of state political committees and other groups not filed with the Secretary of State. The measure passed by a margin of 56 percent in favor and 44 percent against.

South Dakota Attorney General Marty Jackley predicts that passage of Initiated Measure 24 may be challenged as an unconstitutional violation of free speech and ultimately a financial burden to tax payers.

The Institute for Free Speech (IFS) will be allowed to distribute analysis of Measure 24 and Constitutional Amendment W without risk of violating the South Dakota law concerning independent expenditures in a political campaign.

IFS challenged the law in federal court and while the judge did not rule the law unconstitutional, he did grant a preliminary injunction to prevent the state from prosecuting IFS.

The analysis is to be distributed electronically and does not urge passage or defeat of the measures.

The Institute for Free Speech is challenging the constitutionality of a South Dakota law restricting the organization’s right to publicize views of ballot measures without extensive reporting and disclaimer requirements.

The organization is asking for permission from a federal judge to distribute an analysis of Initiated Measure 24 and Constitutional Amendment W, claiming that the measures will impact citizens’ First Amendment rights.

South Dakotans will have multiple ethics-related ballot measures to vote on this November.

Constitutional Amendment W, also known as the South Dakota Voter Protection and Anti-Corruption Amendment, would create an independent ethics commission, decrease limits on campaign donations, bar gifts from lobbyists to many public officials, and prevent the Legislature from altering or rejecting laws approved by ballot question without returning to the ballot.

More than 51 percent of voters supported a similar initiative in November 2016, but lawmakers repealed it in early 2017, citing constitutional concerns.

Also on the November ballot, Initiated Measure 24, would prohibit contributions to ballot question committees by non-residents, out-of-state political committees, and entities who have not filed with the secretary of state for the four years prior to making a contribution.

On December 29, South Dakota Secretary of State Shantel Krebs certified the South Dakota Voter Protection and Anti-Corruption Amendment as Constitutional Amendment W for the November 2018 ballot.

If passed, Constitutional Amendment W would create an independent ethics commission, would decrease limits on campaign donations, would bar gifts from lobbyists to many public officials, and would prevent the Legislature from altering or rejecting laws approved by ballot question without returning to the ballot.

More than 51 percent of voters supported a similar initiative in November 2016, but lawmakers repealed it in early 2017, citing constitutional concerns.