Sen. Taffy Howard of District 34, the prime sponsor of Amendment J, joins me to explain why South Dakota needs to say plainly in its Constitution that only U.S. citizens can vote. Right now our Constitution guarantees the vote to citizens, but it never says non-citizens can’t vote. J closes that loophole by adding non-citizens to the list of people disqualified from voting. This isn’t theoretical. About 20 local jurisdictions in three states plus D.C. already let non-citizens vote in local elections. New York City tried to open its municipal elections to roughly 800,000 non-citizens until the courts struck it down under the New York Constitution. And on Oct. 1, a federal judge in Florida threw out a non-citizen voting charge, ruling that the 1996 federal law couldn’t be applied in that case because voter qualifications are for the states to set. That’s exactly why this belongs in our state Constitution. We also cover Amendment K, Taffy’s unclaimed property trust fund, which passed the Legislature unanimously. Unclaimed property is your money, not tax money, and the state has already spent about $1.2 billion of it that it still owes back to rightful owners. K puts those dollars in a permanent trust, like our other state trust funds, so they earn more for South Dakota instead of being spent. And Taffy makes the case for Amendment I: if Washington ever drops its 90% share of Medicaid expansion, I ends the expansion coverage so South Dakota taxpayers aren’t stuck covering the difference out of the general fund. Yes on J, yes on K, yes on I. Topics: Amendment J, SJR 503, citizen-only voting, non-citizen voting, New York City, federal court ruling, Amendment K, unclaimed property trust fund, Amendment I, Medicaid expansion, South Dakota Constitution, 2026 ballot “Do we have to be reactive to everything? Can we not be proactive and try to take care of an issue before it becomes an issue?” — Sen. Taffy Howard “An ounce of prevention is better than a pound of cure in this case.” — Dave Roetman Amendment J: the Attorney General’s explanation Here is the Attorney General’s official ballot explanation for Amendment J, word for word as filed with the Secretary of State: Title: An Amendment to the South Dakota Constitution Clarifying that an Individual Must Be a Citizen of the United States to be Eligible to Vote. Explanation: Article VII, § 2 of the South Dakota Constitution defines who is qualified to vote in state elections. Among these qualifications are age, residency, and United States citizenship requirements. Article VII, § 2 also establishes that individuals may be disqualified from voting because of mental incompetence or a felony conviction. This constitutional amendment adds people who are not United States citizens to the list of individuals disqualified from voting, clarifying the existing requirement that only citizens may vote in state elections. “Vote ‘Yes’ to adopt the amendment.” “Vote ‘No’ to leave the Constitution as it is.” Source: Final Attorney General’s Statement for SJR 503 (Amendment J), filed with the SD Secretary of State on May 14, 2026 (PDF) Official ballot information (SD Secretary of State) * Amendment I (HJR 5001): Final Attorney General’s Statement (PDF) Ends expanded Medicaid coverage if federal funding drops below 90%. * Amendment J (SJR 503): Final Attorney General’s Statement (PDF) Clarifies that an individual must be a U.S. citizen to be eligible to vote. * Amendment K (SJR 505): Final Attorney General’s Statement (PDF) Establishes the trust for unclaimed property fund. * 2026 Ballot Question Pro/Con Pamphlet (PDF) AG explanations plus pro and con statements for I, J, K and L. * Listen: 2026 Ballot Question Pro/Con Pamphlet (audio) * SD Secretary of State: 2026 Ballot Questions All 2026 statewide measures, with AG draft and final statements. Show notes * 0:00 Intro * 0:07 Welcome, Sen. Taffy Howard * 0:28 Amendment J: the loophole in our Constitution * 1:13 Other states, D.C., and the federal court ruling * 2:48 A high-trust society, and an ounce of prevention * 3:19 Proactive, not reactive: New York City and L.A. * 4:25 How simple is J? The AG’s explanation * 5:49 Amendment K: the unclaimed property trust fund * 9:50 Amendment I: Medicaid expansion and the 90% match * 12:16 Wrap-up: yes on I, J and K Music: “Tales from the West” by Luis Humanoide (Pixabay). Transcript Lightly edited for readability. Timestamps match the episode audio. [0:07] Dave Roetman: This is the Making Waves Podcast. My name is Dave Roetman. We’re here with Senator Taffy Howard. Welcome, Taffy. [0:14] Sen. Taffy Howard: Thank you. It’s great to be here. [0:17] Dave Roetman: Thanks for being on. And we’re here to talk about Amendment J. Since you were prime sponsor on Amendment J, could you tell us a little bit about the background, why Amendment J is necessary, what it is? [0:28] Sen. Taffy Howard: Sure. So currently in our Constitution, it’s very clear that all U.S. citizens must be allowed to vote, unless they’re otherwise ineligible for, you know, some reason where we don’t allow them to vote. But all U.S. citizens must be allowed to vote. It does not say that you could not include other groups of people. It does not say you cannot include non-citizens and allow them to vote. So there is no prohibition in our Constitution currently to say you must be a U.S. citizen; no non-citizens are allowed to vote in our elections. [1:01] Dave Roetman: So I’ve heard from other places, states where they do allow non-citizens to vote. I thought that was madness, but apparently it’s constitutional. [1:13] Sen. Taffy Howard: Yep. There’s roughly, I think there’s 20 other jurisdictions around the country. There’s three other states plus D.C. that do have jurisdictions that allow non-citizens to vote, whether that’s in municipal elections or school board elections. So it’s not a theoretical issue. Thankfully we haven’t faced that here yet, and I hope we never will. But that’s one of the reasons we want to put this into our Constitution, which is the foundation of all our law. Our laws should flow from our Constitution. So the hope is we get this in our Constitution, and we will be good in this respect. And I don’t know if you saw what just came out from the federal judge regarding the federal, at the federal level. So we do not have a federal constitutional amendment that prohibits non-citizens from voting. At the federal level, again, it’s just a law, just like we have here; we do have it in law and state statute. At the federal level, they put that into law in 1996, but a federal judge basically overturned that and didn’t convict, I think it was a Jamaican non-citizen that they were charging. So she was not convicted because the federal judge said, you can’t do this, the law has no standing from the Constitution, so you can’t basically enforce this law. Which, to me, is insane. It’s insane. So not only do we need to ensure this is in our state constitution, but now we need to be pushing for a federal constitutional amendment. [2:48] Dave Roetman: It’s crazy. Well, it seems to me two things. One is that we had a high-trust society, and that is the reason why we didn’t have this, you know, in the law, in the Constitution from before. Never occurred to anybody that this was necessary or even possible, for non-citizens to vote. But second point I’d like to make is that an ounce of prevention is better than a pound of cure in this case. So this is something that will possibly head off issues that will come in the future. [3:19] Sen. Taffy Howard: And I know that’s one of the arguments, is, well, we don’t have that problem here, this is repetitive, we have it in state law. It’s like, okay, well, do we have to be reactive to everything? Can we not be proactive and try to take care of an issue before it becomes an issue? New York just had, so New York City wanted to allow non-citizens to vote in their municipal elections. It was only the New York Constitution that stopped it. And that would have, we’re talking about upwards of 800,000 non-citizen… This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit daveroetman.substack.com