PIERRE, S.D. (KELO) — The South Dakota Legislature won’t be holding a special session that some lawmakers sought for November 3 on repealing the state sales tax on grocery sales.

The petition for a special session required signatures from at least two-thirds of the lawmakers in each chamber. There are 35 senators and 70 House of Representatives members.

Representative Phil Jensen, R-Rapid City, issued the call for a special session. A legislative memorandum showed that as of 3 p.m. Wednesday four senators and 20 representatives had signed the petition.

“There will not be a special session,” Senator Lee Schoenbeck, R-Watertown, declared Wednesday shortly after the LRC memo was released. He is the Senate president pro tem.

The House approved legislation in the 2022 regular session repealing the 4.5% tax but the Senate refused to agree.

The food-tax repeal has been an issue in the election campaign for governor this year.

House minority leader Jamie Smith of Sioux Falls, the Democrat candidate, voted for the House legislation. Republican Governor Kristi Noem, who’s seeking re-election, questioned whether state government could afford it.

Noem has since come out in favor of a repeal, saying she would call for it in her State of the State address opening the 2023 legislative session.