Pipeline Referendum Shapes South Dakota Politics

What even is a referendum?

The power of referendum, voters repealing a law passed by the legislature, is situated alongside citizen-initiated measures and amendments in South Dakota’s constitution. However, the electorate’s power to repeal legislation is utilized less frequently than its power to propose legislation. In fact, November 5th’s ballot will be South Dakota’s voters first opportunity to approve or strike down a law since the 2016 election.

The referred law in question is the much discussed “Landowner’s Bill of Rights”, legislation aiming to provide a path forward for carbon pipeline construction while protecting the property rights of South Dakota landowners. Pitched as a compromise solution, Senate Bill 201 (the bill enacting the law) has instead generated significant backlash towards its legislative sponsors; many of whom lost their seats to primary challengers in June.

Why does Referred Law 21 matter?

In the current South Dakota moment, the referral of SB 201 provides a unique angle to view our politics. It is fairly common for our Legislature to amend or repeal initiated measures – the Legislature can repeal initiated measures through a simple majority vote – but far rarer for the electorate to directly repudiate its representatives in Pierre. 

The referendum, and its galvanizing of both big-money and grassroots support and opposition, sits at the intersection between initiative and legislative politics. The pipeline issue has mobilized South Dakota political actors for years now, and fighting over regulatory structure has spilled out of the legislature and into intra-party and initiative politics. 

So far, ballot question committees have formed and are working to build coalitions in support and in opposition to the legislation. Protect South Dakota’s Ag Future BQC supports SB 201 while SD Property Rights and Local Control Alliance opposes the bill. As we march towards the general election, campaign finance disclosures will reveal more about how political capital is organizing around the pipeline issue.

Only after the election will it be clear how carbon pipeline law could animate South Dakota political discourse. In either case, the issue is far from being put to rest and its impact will be felt this November and in the 2025 legislative session.

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