Amendment K is an attempt to undermine a possible change to federal law which is now being considered by the United States Congress and which Congress may or may not approve. A petition drive to place the measure on the ballot failed.
The right to a secret ballot is already provided for in Article 7 Section 3 of our State Constitution. Other states have refused to allow this issue on their ballot as written. An out-of-State organization is attempting to use our ballot process to move their anti Federal legislation agenda forward, disguised as a secret ballot issue.
If voters approve this measure, opponents of Amendment K will file a lawsuit in Federal Court and the taxpayers of South Dakota will pay to defend the Amendment. The United States Supreme Court has consistently ruled that states may not enact laws that conflict with the Federal law in question, the National Labor Relations Act, and opponents expect the Court will throw out Amendment K.
A no vote will leave your right to a secret ballot as it is currently provided for under South Dakota’s state constitution and will avoid a costly federal lawsuit at taxpayer expense