Draft Explanations Released For Proposed 2026 Initiated Measure on Prayer in Schools

FOR IMMEDIATE RELEASE: Tuesday, Aug. 20, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. -At the request of the sponsor, an explanation for a proposed initiated measure that would require non-denominational prayer in public schools, which would be on the 2026 general election ballot if approved, has been submitted for public review by the South Dakota Attorney General's Office.

Attorney General Marty Jackley takes no position on any such proposal for purposes of the ballot explanation. He has provided a fair and neutral explanation on the initiated measure to help assist the voters. The sponsor of the proposed initiated measure is Hillel Hellinger of North Miami Beach, Fla.

This proposed initiated measure would require each public-school teacher, in grades kindergarten through 12, to lead students every morning in prayer. The measure would allow both teachers and students to seek an exemption from participating in the prayer.

The ballot explanation can be found here.

State law requires the Attorney General draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. The Attorney General's explanation is meant to be an "objective, clear, and simple summary" intended to "educate the voters of the purpose and effect of the proposed" measure, as well as identify the "legal consequences" of each measure.

Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The explanation was filed Aug. 20, 2024, and the deadline for comments on this explanation is Aug. 30, 2024 at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on Sept. 9, 2024.

The initiated measure would require 17,509 valid petition signatures to qualify for the 2026 general election ballot.

To file written comments on a draft Attorney General's explanation please use one of the following methods below. Copies of all received comments will be posted on this website.

Comments may be submitted via mail, or through hand delivery, to the Attorney General's Office at:

Office of the Attorney General
Ballot Comment
1302 E. Hwy. 14, Suite 1
Pierre, SD 57501

Comments that are hand delivered must be received by the close of business in Pierre, South Dakota, by Aug. 30, 2024.

Comments may also be emailed to [email protected] by Aug. 30, 2024. Comments should be clearly expressed in the body of the email. The Attorney General's Office will not open attachments in an effort to prevent malware or other digital threats. Please include your name and contact information when submitting your comment. The title of the comment must be included in the subject line of the email.

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