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The referendum on the homeowner tax fund ran out of signatures

South Dakota · Legislation

The referendum on the homeowner tax fund ran out of signatures

The largest homeowner property tax measure South Dakota enacted in two sessions survived its only direct challenge on a signature shortfall rather than a vote.

Senate Bill 245 of the 2026 session created the Homeowner Property Tax Reduction Fund at SDCL 10-13-47 and 10-13-48. It directs revenue from the scheduled statewide sales tax step-up, from 4.2 to 4.5 percent, into a fund that offsets the education share of property taxes on owner-occupied homes, seeded with roughly $56 million. It passed the House 42-27 and was signed as chapter 48 of the 2026 Session Laws.1

The referendum

Sponsors Matt Edzards, Ned Horsted and Chase Jensen, organised as South Dakotans for Fair Taxes — a coalition of Bread for the World South Dakota, the South Dakota AFL-CIO and Dakota Rural Action — were approved for circulation on April 29, 2026.2

They needed 17,508 valid signatures within ninety days of the session's adjournment, a window running March 30 to June 29, 2026.

The committee announced it had not reached the threshold. Its statement did not say how many signatures it had gathered, so the margin is unknown. SB 245 took effect July 1, 2026.

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The structure of the relief, and who it reaches

The fund offsets the education portion of property taxes on owner-occupied homes, financed by a sales tax increase that everyone pays. That is the trade the referendum was aimed at: a broad-based consumption tax funding a benefit restricted to one property classification.

For association members, the relevant question is who is inside that classification. SDCL 10-13-39 defines owner-occupied single-family dwelling to include a house, a “condominium apartment,” residential housing of four or fewer family units, a “town house, town home, housing cooperatives where membership in the cooperative is strictly limited to stockholder occupants of the building,” and manufactured or mobile homes.

Condominium and townhome owners are in. Renters in an association are not, and neither is an investor-owned unit. And the association's own common-area parcel carries no owner-occupied classification at all, so a clubhouse lot or pool parcel gets nothing from the fund while its owners' homes do — the same asymmetry our piece on the failed assessment caps covers.

SDCL 10-13-48 carries a delayed effective date of July 1, 2027, so the mechanism phases.

The ballot measures that are not on the ballot

Two separate property tax measures were in circulation and neither qualified for November 2026.

An initiated constitutional amendment sponsored by Mike Mueller, Julie Frye-Mueller and Matt Smith would have repealed real property taxes outright and replaced them with a retail transaction tax — a flat $1.50 on purchases of $15 or more and 10 percent on purchases under $15. It was approved for circulation in a revised form on November 3, 2025 and needed 35,017 valid signatures by February 3, 2026. The Secretary of State's page lists it under approved for circulation, not among certified measures. It is not on the ballot, and no official signature count is published.

An initiated measure for fair market value assessed property, sponsored by Joe Hurly of Sioux Falls, remains listed as a potential ballot question. It has cleared the Attorney General's explanation and carries LRC comments, but no petition has been approved for circulation, so it cannot appear in 2026.

What is on the November ballot

Four measures, none touching property tax or housing: Amendment I on conditioning expanded Medicaid on federal funding levels, Amendment J on citizenship for voting eligibility, Amendment K establishing a trust for the unclaimed property fund, and Amendment L requiring 60 percent voter approval for constitutional amendments.

Amendment L is the one with downstream consequence here. If it passes, every future initiated constitutional amendment — including any acquisition-value property tax cap of the kind three failed 2026 resolutions proposed — would need sixty percent rather than a simple majority.

A numbering trap worth noting: Amendment K comes from 2025 SJR 505 on unclaimed property, and is unrelated to 2026 SJR 505, the property tax cap that died 5-4 in Senate State Affairs. Same number, different years, different subjects.

What this says about the route

South Dakota has an active initiative and referendum process, and in this cycle it produced nothing on property tax. One referendum fell short of 17,508 signatures. One initiated amendment fell short of 35,017. One never reached circulation.

The signature thresholds are the binding constraint, not public sentiment — nobody voted on any of these. For a homeowner who follows the property tax fight expecting a ballot outcome, the answer this November is that there will not be one.

What to watch next

The Hurly measure, which is the only citizen-initiated property assessment measure left in the South Dakota pipeline and would be aimed at a later cycle. And Amendment L, because it changes the arithmetic for everything that follows it.

Related South Dakota HOA Topics

← All South Dakota HOA Topics

  1. South Dakota SB 245 (2026), Homeowner Property Tax Reduction Fund — 2026 SL ch 48, creating SDCL 10-13-47 and 10-13-48 ↩
  2. South Dakota Secretary of State, 2026 Statewide Ballot Questions ↩

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