Constitutional Amendment K — An Amendment to the South Dakota Constitution Establishing the Trust for Unclaimed Property Fund.

Ballot measure · November 3, 2026

What it does
Under South Dakota statute, intangible property is presumed to be abandoned if it remains unclaimed by the owner for more than three years after it became payable or distributable. Examples of intangible property are traveler’s checks, money orders, bank deposits, refunds, stocks, funds owed under a life insurance policy, and property held in a safe deposit box. Abandoned intangible property is transferred to the State Treasurer to hold while waiting for the owner to claim it. The State Treasurer must provide public notice of the abandoned property. This proposed constitutional amendment establishes a trust fund where unclaimed abandoned property will be deposited. Portions of the interest and income from this fund will be distributed into the general fund for the benefit of the state. This proposed amendment requires the Legislature to determine the amount to be distributed that promotes the growth of the trust fund and the distributed amount. Vote “Yes” to adopt the amendment. Vote “No” to leave the Constitution as it is.
A YES vote means
A yes vote creates a constitutional trust fund for unclaimed property, with portions of its earnings distributed to the state general fund as set by the Legislature.
A NO vote means
A no vote leaves unclaimed property handled under existing state law without a constitutional trust fund.
Needed to pass
A simple majority
Put on the ballot by
the Legislature

Official text: source

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Quick answers

What does a YES vote on South Dakota Constitutional Amendment K mean?
A yes vote creates a constitutional trust fund for unclaimed property, with portions of its earnings distributed to the state general fund as set by the Legislature.
What does a NO vote on South Dakota Constitutional Amendment K mean?
A no vote leaves unclaimed property handled under existing state law without a constitutional trust fund.
How many votes does South Dakota Constitutional Amendment K need to pass?
A simple majority
Should I vote yes or no on South Dakota Constitutional Amendment K?
SpectrumVote doesn't endorse anyone or tell you how to vote. Read what a YES and a NO vote each do, and the official text, then decide based on what you want to happen.
When is the vote?
The general election is Tuesday, November 3, 2026. Early voting and mail-ballot deadlines vary by state; check your state or county election office.

Not sure how to decide? Read our nonpartisan guide to the South Dakota ballot.