South Dakota voters to decide on removing state sales tax on food

(The Center Square) – South Dakota voters will decide in November if they want the state sales tax on food removed.

Secretary of State Monae Johnson approved a ballot measure this week after receiving 25,000 petition signatures from the group TakeItBack in April.

Gov. Kristi Noem presented the elimination of the grocery tax to the legislature in 2023. However, state lawmakers did not support her plan and agreed to an overall sales tax rollback from 4.5% to 4.2% through fiscal year 2026.

TakeItBack is hoping voters will do what state officials did not.

“Removing the state’s sales tax on groceries is a crucial step towards addressing food insecurity and promoting economic fairness in our state. Governor Noem appeared to have understood that and made repealing the state’s grocery tax the number one priority of her re-election campaign. Unfortunately, even with a 94-11 Republican dominated legislature, she failed so we are going directly to the voters,” said Rick Weiland, co-founder of TakeItBack, after presenting the petition to the secretary of state.

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South Dakota is one of only 12 states that taxes groceries. Oklahoma Gov. Kevin Stitt signed a bill in February removing the tax in that state. The law takes effect in August.

The question is one of three that will appear on the November ballot. Voters will also decide whether to support a work requirement for able-bodied Medicaid recipients. The ballot question was added after the South Dakota Legislature passed Senate Joint Resolution 501.

Medicaid expansion was approved by voters in 2022 and took effect on July 1, 2023. It allows individuals and families who make up to 138% of the federal poverty level to receive the health care plan.

The ballot question will not implement a work requirement but would allow voters to give their opinion on the issue, said Rep. Tony Venhuizen, R-Sioux Falls, one of the resolution sponsors.

Voters will also decide if they want generic male pronouns removed from the state constitution and replaced with the office holder’s title.

“For example, when referencing the Governor, instead of saying ‘he shall be commander-in-chief of the armed forces of the state,’ the text will be changed to read ‘the Governor shall be commander-in-chief of the armed forces of the state,'” Attorney General Marty Jackley said in his explanation of the ballot question.

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A petition to legalize recreational marijuana is awaiting approval from the secretary of state’s office. The group South Dakotans for Better Marijuana Laws said more than 29,000 signatures were submitted.

This will be the third time voters have considered the issue. Voters approved a 2020 ballot question for medical and recreational marijuana. The law was repealed after it was determined the ballot questions violated the single-subject rule.

Voters defeated a second measure in 2022, with 53% voting “no” and 47% supporting it.

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