reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 15 - South Dakota Housing Infrastructure Fund › Section 11-15-2 - Creation--Purpose--Continuous appropriation--Payment.

11-15-2. Creation--Purpose--Continuous appropriation--Payment.
There is hereby created the South Dakota housing infrastructure fund, to be administered by the authority, for the purpose of making loans and grants for housing infrastructure projects. Any repayment of the principal amount of a loan, and any interest thereon must be deposited into the fund and used for making new loans. Unexpended money and any interest that may be credited to the fund shall remain in the fund. Money in the fund designated for loans is hereby continuously appropriated for the purposes provided in §§11-15-3 and 11-15-4. The executive director of the authority shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized from this fund.
Source: SL 2023, ch 41, §9, eff. Feb. 1, 2023.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 15 - South Dakota Housing Infrastructure Fund › Section 11-15-3 - Distribution of monies--Limitation.

11-15-3. Distribution of monies--Limitation.
The authority shall distribute monies from the South Dakota housing infrastructure fund, created in §11-15-2, as follows:
(1)Thirty percent for housing infrastructure in municipalities having a population of fifty thousand or more; and
(2)Seventy percent for housing infrastructure in all other areas of the state.
The authority may not provide both a grant and loan from the South Dakota housing infrastructure fund for the same housing infrastructure project located in a municipality having a population of fifty thousand or more.
Source: SL 2023, ch 41, §10, eff. Feb. 1, 2023.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 15 - South Dakota Housing Infrastructure Fund › Section 11-15-4 - Housing infrastructure loans--Limitation--Administrative expenses.

11-15-4. Housing infrastructure loans--Limitation--Administrative expenses.
The authority may make loans from the South Dakota housing infrastructure fund, created in §11-15-2, for housing infrastructure projects. The principal amount of a loan may not exceed one-third of the total cost of the housing infrastructure project. The authority may use up to one percent of the principal amount of a loan to offset the authority's expenses in administering the loan.
Source: SL 2023, ch 41, §11, eff. Feb. 1, 2023.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 15 - South Dakota Housing Infrastructure Fund › Section 11-15-5 - Housing infrastructure grants--Limitation--Administrative expenses.

11-15-5. Housing infrastructure grants--Limitation--Administrative expenses.
The authority may award grants from the South Dakota housing infrastructure fund, created in §11-15-2, for housing infrastructure projects. The amount of the grant may not exceed one-third of the total cost of the housing infrastructure project. The authority may use up to one percent of the amount of a grant to offset the authority's expenses in administering the grant.
Source: SL 2023, ch 41, §12, eff. Feb. 1, 2023.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 15 - South Dakota Housing Infrastructure Fund › Section 11-15-6 - Promulgation of rules.

11-15-6. Promulgation of rules.
The authority shall promulgate rules, pursuant to chapter 1-26, specifying the criteria and process for the application, approval, and disbursement of loans and grants provided in this chapter.
Source: SL 2023, ch 41, §13, eff. Feb. 1, 2023.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 15 - South Dakota Housing Infrastructure Fund › Section 11-15-7 - Reporting.

11-15-7. Reporting.
On or before August first of each year, the authority shall submit a report to the special committee, created by §4-8A-2, detailing the number, amounts, and recipients of loans and grants provided by the South Dakota housing infrastructure fund created in §11-15-2 and other relevant information pertaining to the fund or program as requested by the committee.
Source: SL 2023, ch 41, §14, eff. Feb. 1, 2023.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-1 - Elections to which title applies.

12-1-1. Elections to which title applies.
The provisions of this title shall apply to all elections for state, district, and county officers and other officers except in cases where from the context of any statute a different intention plainly appears.
Source:
PolC 1877, ch 27, §1; CL 1887, §1440; RPolC 1903, §1863; RC 1919, §7210; SDC 1939, §16.0101.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-1.1 - Laws applicable to election of county officers.

12-1-1.1. Laws applicable to election of county officers.
All election laws of this state relating to nomination and election of candidates for office on political ballots shall apply to the nomination and election of a sheriff, county auditor, register of deeds, treasurer, state's attorney, and coroner.
Source:
SL 1973, ch 48, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-2 - Application to local elections.

12-1-2. Application to local elections.
The provisions of this title apply to township, municipal, school, and other subdivision elections unless otherwise provided by the statutes specifically governing their elections or this title.
Source:
PolC 1877, ch 27, §1; CL 1887, §1440; SL 1890, ch 37, art XIV, §§5, 6; RPolC 1903, §§1288, 1289, 1863; SL 1913, ch 119, §§105, 108; RC 1919, §§6326, 7210; SL 1931, ch 138, §182; SDC 1939, §§15.2513, 16.0101, 45.1320; SL 1953, ch 256; SL 1955, ch 41, ch 9, §§6, 15; SL 1957, ch 65; SDC Supp 1960, §§15.2306, 15.2315; SDCL, §§9-13-17, 13-7-20; SL 1973, ch 67, §2; SL 1990, ch 103.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-2.1 - Option to adopt campaign finance law.

12-1-2.1. Option to adopt campaign finance law.
The governing body of any political subdivision may, by ordinance or resolution, adopt the provisions of chapter 12-27.
Source:
SL 1988, ch 60, §4; SL 2008, ch 67, §20.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-3.1 - Alternative political status defined.

12-1-3.1. Alternative political status defined .
For the purposes of this title, the term, alternative political status, means that a political party meets the requirements of this section commencing with the 2014 general election and each general or special statewide election thereafter. Any political party that meets the definition of political party as defined in §12-1-3 and has a total party registration of less than two and a half percent of the total number of registered voters, as recorded at the Office of the Secretary of State on the date of the last general election, shall receive alternative political status. Any party that has a total party registration of two and a half percent or more of the total number of registered voters, as recorded at the Office of the Secretary of State on the date of the last general election, shall no longer be classified as alternative political status, but shall remain a political party for the next two general election cycles.
Source:
SL 2018, ch 74, §1, eff. Mar. 23, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-4 - Criteria for determining voting residence.

12-1-4. Criteria for determining voting residence.
For the purposes of this title, the term, residence, means the place in which a person is domiciled as shown by an actual fixed permanent dwelling, establishment, or any other abode to which the person returns after a period of absence.
A person who leaves the residence and goes into another county of this state or another state or territory for a temporary purpose has not changed residence.
A person is considered to have gained residence in any county or municipality of this state in which the person actually lives, if the person has no present intention of leaving.
A person retains residence in this state until another residence has been gained. If a person moves from this state to another state or territory with the intention of making it the person's permanent home, the person loses residence in this state.
Source: SL 1973, ch 67, §1; SL 1992, ch 60, §2; SL 2003, ch 80, §1; SL 2004, ch 105, §1; SL 2023, ch 42, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-5 - State board created--Members--Terms--Vacancies--Oath.

12-1-5. State board created--Members--Terms--Vacancies--Oath.
There is created a State Board of Elections to be composed of seven members, one of whom shall be the secretary of state who is chairman. Two of the members shall be county auditors appointed by the Speaker of the House of Representatives from a list of nominees supplied by the county auditors meeting at the South Dakota Association of County Officials. The auditors appointed by the Speaker of the House of Representatives shall be of different political party registration. One auditor appointed in 1991 shall be appointed for a two-year term and one shall be appointed for a four-year term. All appointments of auditors after 1991 shall be for four years. One member of the board shall be appointed by each of the following officers: the democratic leader of the Senate, the democratic leader of the House of Representatives, the republican leader of the Senate and the republican leader of the House of Representatives. Appointments to the board shall be as follows: the appointee of the democratic leader of the House of Representatives, 1980 and each fourth year thereafter; the appointee of the republican leader of the Senate, 1981 and each fourth year thereafter; the appointee of the republican leader of the House of Representatives, 1982 and each fourth year thereafter; the appointee of the democratic leader of the Senate, 1983 and each fourth year thereafter. After the appointments made in 1979, the terms of all appointed members of the board, except auditors, shall be for four years. All appointments to the board are to be made by January thirty-first of each year. Vacancies on the board shall be filled in the same manner as the original appointments were made. All appointed members of the board shall file with the secretary of state an oath in the form prescribed by §3-1-5.
Source:
SL 1974, ch 117, §§1, 2; SL 1978, ch 93, §1; SL 1982, ch 124; SL 1989, ch 126.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-6 - Per diem and expenses.

12-1-6. Per diem and expenses.
The per diem and expenses of the board shall be established by the Executive Board of the Legislative Research Council unless otherwise provided by law.
Source:
SL 1974, ch 117, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-7 - Assistance by secretary of state's office.

12-1-7. Assistance by secretary of state's office.
The Office of the Secretary of State is hereby charged with the duty and responsibility to serve as the secretariat of the State Election Board and shall assist the board as may be directed by the said board.
Source:
SL 1974, ch 117, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-9 - Promulgation of rules by board.

12-1-9. Promulgation of rules by board.
The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, concerning:
(1)Forms for voter registration and voter file maintenance;
(2)Forms and color of ballots;
(3)Forms for notices;
(4)The uniformity of election procedures;
(5)The operation of the State Board of Elections;
(6)The procedure to accept a petition and verify petition signatures;
(7)Petition forms, including petition size and petition font size;
(8)Envelopes for absentee voting;
(9)Instructions to voters and absentee voters;
(10)Recounts; and
(11)Post-election audits.
Source: SL 1974, ch 117, §3; SL 1998, ch 78, §1; SL 2002, ch 40, §4; SL 2018, ch 75, §1; SL 2023, ch 50, §9.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-9.1 - Ranked choice voting prohibited.

12-1-9.1. Ranked choice voting prohibited.
The State Board of Elections may not authorize and a political subdivision may not adopt or enforce in any manner a rule, resolution, charter provision, or ordinance establishing a system of voting for any office where:
(1)Voters rank candidates in order of preference;
(2)Tabulation proceeds in rounds where in each round either a candidate is elected or the last-place candidate is eliminated;
(3)Votes are transferred from elected or eliminated candidates to the voter's next-ranked candidate in order of preference; and
(4)Tabulation ends when a candidate receives the majority of votes cast or the number of candidates elected equals the number of offices to be filled.
Source: SL 2023, ch 43, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-10 - Recommendations to secretary of state.

12-1-10. Recommendations to secretary of state.
The Board of Elections shall report to and make recommendations to the secretary of state concerning desirable or necessary changes in the election laws of this state.
Source:
SL 1974, ch 117, §4; SL 1999, ch 70, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-11 - Costs paid by county--Exception for local elections--Prohibition on private funding––Promulgation of rules.

12-1-11. Costs paid by county--Exception for local elections--Prohibition on private funding––Promulgation of rules.
Except as otherwise provided by law, in any election in which all voters of a county participate, the costs relating to the election shall be paid by the county from funds appropriated therefor. In all other elections, costs shall be paid from funds appropriated by the governing body of municipalities, school districts, and other political subdivisions requiring an election for their own purposes. Costs relating to a combined municipal and school board election may be shared under the provisions of §§9-13-1.1 and 13-7-10.1. Neither the state nor any political subdivision may accept any funds, grants, or gifts for election costs from any source other than the governing body of a political subdivision, the state, or the federal government, except for gifts of a nominal and intrinsic value as defined by the State Board of Elections and given in compliance with the provisions of §12-18-3. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 to prescribe the definition of nominal and intrinsic value.
Source: SL 1897, ch 60, §1; RPolC 1903, §1885; RC 1919, §7235; SDC 1939, §16.1101; SL 1959, ch 95; SL 1961, ch 92, §19; SL 1963, ch 112; SDCL, §§12-4-28, 12-16-22; SL 1974, ch 118, §1; SL 1981, ch 66, §3; SL 2022, ch 36, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-12 - Political party office prohibited in county courthouse.

12-1-12. Political party office prohibited in county courthouse.
No political party may maintain an office in a county courthouse.
Source:
SL 1991, ch 118; SL 2005, ch 93, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-13 - Challenge to petition signatures or declaration of candidacy.

12-1-13.Challenge to petition signatures or declaration of candidacy.
Within five business days after a nominating, initiative, or referendum petition, excluding petitions for statewide initiative, referendum, or constitutional initiative petitions, is validated and filed with the person in charge of the election, any interested person who has researched the signatures contained on the petition or, for a nominating petition, has researched the information contained in the declaration of candidacy, may submit an affidavit stating that the petition contains deficiencies as to the number of signatures of persons who are eligible to sign the petition or that the declaration of candidacy is not valid. The affidavit shall include an itemized listing of the specific deficiencies in question.
Any challenge to the following items is prohibited under this challenge process:
(1)Signer does not live at address listed on the petition;
(2)Circulator does not live at address listed on the petition;
(3)Circulator listed a residence address in South Dakota but is not a South Dakota resident;
(4)Circulator did not witness the signers;
(5)Signatures or petition sheets not included in the random sample. This subdivision applies only to petitions for statewide candidates, new party formation petitions, or to local jurisdictions that conduct random sampling; and
(6)Petition that was originally rejected.
All challenges by the same person or party in interest shall be included in one affidavit.
The original signed affidavit shall be received by the person in charge of that election by 5:00 p. m. local time on the deadline date. If the affidavit challenges any item that is prohibited by this section, only that line item shall be summarily rejected.
The decision of the secretary of state or the person in charge of the election regarding a challenge under this section may not be challenged a second time with the secretary of state or the person in charge of the election, but may be appealed to the circuit court. Any challenge with the secretary of state may be appealed in Hughes County. An appeal challenging a nominating petition for a primary election, takes precedence over other cases in circuit court. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal within ten days of the date of the notice of the entry of the circuit court order.
A failure to challenge a petition in accordance with this section does not deny a person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition in circuit court. A challenge to a petition in circuit court may include items prohibited in this section.
Source:
SL 1999, ch 70, §1; SL 2014, ch 69, §1; SL 2015, ch 74, §1; SL 2016, ch 75, §2, eff. Feb. 18, 2016; SL 2017, ch 12, §5; SL 2019, ch 68, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-14 - Verification of petition signatures or declaration of candidacy--Written declaration as to validity.

12-1-14. Verification of petition signatures or declaration of candidacy--Written declaration as to validity.
The person in charge of the election shall verify the information contained in the affidavit submitted in accordance with §12-1-13 and make a written declaration regarding the validity of the signatures in question or, for a nominating petition, of the declaration of candidacy. The person in charge of the election shall verify that each person, challenged under §12-1-13, was a registered voter at the time the person signed the petition by using the registration documents on file or, for a nominating petition, that the candidate was a resident of the district at the time the declaration of candidacy was signed, in accordance with §12-6-3.1, and is a registered voter with a party affiliation in accordance with §12-6-3.2.
Source:
SL 1999, ch 70, §2; SL 2015, ch 74, §2; SL 2019, ch 68, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-15 - Notification of candidate or sponsor if petition declared invalid.

12-1-15. Notification of candidate or sponsor if petition declared invalid.
The person in charge of the election shall immediately notify by certified mail any candidate whose nominating petition or any primary sponsor whose referendum or initiative petition is rejected and declared invalid in accordance with §§12-1-13 and 12-1-14.
Source:
SL 1999, ch 70, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-16 - Other legal remedies to challenge petition not precluded.

12-1-16. Other legal remedies to challenge petition not precluded.
If a person fails to challenge a petition pursuant to §12-1-13, it does not deny that person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition.
Source:
SL 1999, ch 70, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-17 - Computation of time allowed for election notice or filing.

12-1-17.Computation of time allowed for election notice or filing.
In computing any period of time prescribed or allowed for an election notice or filing, the day of the act or event from which the designated period of time begins to run is not included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until 5:00 p. m. on the next day which is not a Saturday, a Sunday, or a legal holiday. If the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
Source:
SL 2002, ch 70, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-18 - Time when petition may be circulated.

12-1-18. Time when petition may be circulated.
Any referendum petition to refer a measure passed by a local unit of government may be circulated immediately upon final passage of the measure.
Source:
SL 2002, ch 71, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-21 - Complaints filed under the Help America Vote Act.

12-1-21. Complaints filed under the Help America Vote Act.
The State Board of Elections shall resolve any complaint filed under Section 402 of the Help America Vote Act of 2002, as of January1, 2003, in accordance with the contested case provisions of chapter 1-26. The complaint shall be signed, notarized, and filed with the secretary of state. The board shall resolve the complaint within ninety days of its filing. The State Board of Elections may promulgate rules, pursuant to chapter 1-26, governing the procedure for the complaint process.
Source:
SL 2003, ch 83, §16; SDCL, §12-4-42.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-22 - Arbitration of complaints under Help America Vote Act--Appointment of arbitrator--Time for resolution.

12-1-22. Arbitration of complaints under Help America Vote Act--Appointment of arbitrator--Time for resolution.
If the State Board of Elections does not resolve the complaint within ninety days of filing, the complainant may ask the circuit court for alternative dispute resolution by appointing an impartial third party to serve as an arbitrator to resolve the dispute. The arbitrator shall resolve the dispute within sixty days.
Source:
SL 2003, ch 83, §17; SDCL, §12-4-43.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-23 - Time and place of hearing--Notice to parties.

12-1-23. Time and place of hearing--Notice to parties.
The arbitrator shall appoint a time and place for a hearing and serve each party personally or notify each party by registered or certified mail not less than five days before the hearing.
Source:
SL 2003, ch 83, §18; SDCL, §12-4-44.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-24 - Subpoena issued by arbitrator--Service and enforcement.

12-1-24. Subpoena issued by arbitrator--Service and enforcement.
The arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and may administer oaths. Any subpoena shall be served and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.
Source:
SL 2003, ch 83, §19; SDCL, §12-4-45.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-25 - Depositions permitted by arbitrators--Compelling testimony.

12-1-25. Depositions permitted by arbitrators--Compelling testimony.
On application of either party and for use as evidence, the arbitrator may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrator, of a witness who cannot be subpoenaed or is unable to attend the hearing. Any provision of law compelling a person under subpoena to testify is applicable.
Source:
SL 2003, ch 83, §20; SDCL, §12-4-46.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-26 - Evidence presented by parties--Cross-examination.

12-1-26. Evidence presented by parties--Cross-examination.
Unless otherwise provided by an agreement, each party is entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
Source:
SL 2003, ch 83, §21; SDCL, §12-4-47.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-27 - Adjournment or postponement of hearing--Failure of party to appear.

12-1-27. Adjournment or postponement of hearing--Failure of party to appear.
Unless otherwise provided by an agreement, the arbitrator may adjourn the hearing from time to time as necessary and at the request of a party and for good cause. The arbitrator may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.
Source:
SL 2003, ch 83, §22; SDCL, §12-4-48.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-28 - Issuance of resolution--Delivery to parties.

12-1-28. Issuance of resolution--Delivery to parties.
The resolution pronouncement shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy to each party personally or by registered or certified mail.
Source:
SL 2003, ch 83, §23; SDCL, §12-4-49.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-29 - Payment of expenses of proceedings.

12-1-29. Payment of expenses of proceedings.
The arbitrator's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the resolution pronouncement.
Source:
SL 2003, ch 83, §24; SDCL, §12-4-50.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-30 - Grounds to vacate resolution--New arbitrator.

12-1-30. Grounds to vacate resolution--New arbitrator.
Within ten days of pronouncement, the circuit court may vacate a resolution pronouncement if:
(1)The resolution was procured by corruption, fraud, or other undue means;
(2)There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any party;
(3)The arbitrator exceeded his or her power; or
(4)The arbitrator refused to hear evidence material to the controversy or conducted the hearing as to prejudice substantially the rights of a party.
If the resolution pronouncement is vacated, the circuit court shall appoint a new arbitrator to resolve the dispute in the manner provided in §§12-1-21 to 12-1-30, inclusive.
Source:
SL 2003, ch 83, §25; SDCL, §12-4-51.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-31 - Invalid candidacy on nominating petition--Vacancy after primary election.

12-1-31. Invalid candidacy on nominating petition--Vacancy after primary election.
If any state court finds that a declaration of candidacy on a nominating petition is not valid, the candidacy shall be invalidated as of the date of filing. If the invalidation creates a vacancy which continues to exist after a primary election, the vacancy may be filled as provided in §§12-6-56 and 12-6-57.
Source:
SL 2008, ch 34, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-32 - Registered sex offenders prohibited from circulating petitions--Violation as misdemeanor.

12-1-32. Registered sex offenders prohibited from circulating petitions--Violation as misdemeanor.
No registered sex offender may circulate any petition, either on the registered sex offender's own behalf or on the behalf of, or in the employ of, another person in any place frequented by the public or door to door on private property. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2012, ch 80, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-33 - Exception for registered sex offender circulating petition under supervision.

12-1-33. Exception for registered sex offender circulating petition under supervision.
The provisions of §12-1-32 do not apply, if the registered sex offender circulating or assisting in circulating petitions under circumstances where the registered sex offender is in the employ of, and under the immediate supervision of, another person and where the circumstances preclude any contact with children.
Source:
SL 2012, ch 80, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-34 - Exception for registered sex offender circulating nominating petition on his or her own behalf.

12-1-34. Exception for registered sex offender circulating nominating petition on his or her own behalf.
The provisions of §12-1-32 do not apply, if the registered sex offender is circulating any nominating petitions on his or her own behalf for election to any federal, state, or local office for which the registered sex offender is otherwise qualified.
Source:
SL 2012, ch 80, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-35 - Secretary of state to examine nominating petitions for statewide office for compliance.

12-1-35. Secretary of state to examine nominating petitions for statewide office for compliance.
The secretary of state shall examine each nominating petition for statewide office upon being received by the Office of Secretary of State. No signature of a person may be counted by the secretary of state unless the person is a registered voter in the county indicated on the signature line and has complied with the laws and rules concerning petitions. No signature of a person may be counted if the information required on the petition form is not complete.
Source:
SL 2015, ch 75, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-36 - Verification of signatures on nominating petitions by random sampling.

12-1-36. Verification of signatures on nominating petitions by random sampling.
The secretary of state shall verify the signatures received pursuant to §12-1-35 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall promulgate rules, pursuant to chapter 1-26, establishing the methodology for conducting the random sample. The random sampling shall be an examination of the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not more than three and sixty-two one-hundredths percent.
Source:
SL 2015, ch 75, §2; SL 2017, ch 12, §8.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-37 - Certification of sufficient or insufficient number of signatures based on random sampling.

12-1-37. Certification of sufficient or insufficient number of signatures based on random sampling.
If the random sample required by §12-1-36 indicates that a sufficient number of qualified electors have signed the nominating petition for statewide office, the secretary of state shall certify that the nominating petition for statewide office has been signed by the required number of qualified electors and shall place the candidate's name on the next primary or general election ballot, as the case may be.
If the random sample indicates that an insufficient number of qualified electors have signed the nominating petition for statewide office, the secretary of state shall certify that the nominating petition for statewide office has not been signed by the required number of qualified electors and may not place the candidate's name on the next primary or general election ballot, as the case may be.
The secretary of state shall, within five days of certifying, notify the candidate of the secretary of state's action pursuant to this section.
Source:
SL 2015, ch 75, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-38 - Circuit court challenge not affected by random sampling.

12-1-38. Circuit court challenge not affected by random sampling.
Nothing in §§12-1-35 to 12-1-37, inclusive, prohibits any person from challenging in circuit court the validity of signatures or other information required on a nominating petition for statewide office by law or rule.
Source:
SL 2015, ch 75, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 01 - General Provisions And State Board › Section 12-1-39 - Availability of petition to public.

12-1-39. Availability of petition to public.
No petition submitted may be made available to the public until the validation process has been completed and the office where that petition was submitted has filed or rejected the petition, except as provided in §2-1-15.
Source:
SL 2017, ch 2, §3; SL 2019, ch 15, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 02 - Dates And Hours Of Elections › Section 12-2-1 - Date of primary election.

12-2-1. Date of primary election.
The primary election provided for in chapter 12-6 shall be held at the regular polling place in every voting precinct throughout the state on the first Tuesday after the first Monday in June of every even-numbered year.
Source:
SDC 1939, §§16.0202, 16.0237; SL 1945, ch 75; SL 1955, ch 54, §1; SL 1968, ch 73, §1; SL 1972, ch 75, §1; SL 1973, ch 68, §1; SL 1986, ch 115, §1; SL 1997, ch 75, §1; SL 2005, ch 87, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 02 - Dates And Hours Of Elections › Section 12-2-2 - Date of general election--Officers elected.

12-2-2. Date of general election--Officers elected.
On the first Tuesday after the first Monday in November of each even-numbered year an election shall be held in the several election precincts in the state, which shall be known as the general election and the several state, district, and county officers, members of the Legislature, senators and representatives in Congress, and judges of the Supreme and Circuit Courts shall be elected at the general election next preceding the expiration of the term of each of such officers, respectively, except such officers as are required by law to be elected at a special election; and in a year when a President and vice-president of the United States are to be chosen, a number of electors of President and vice-president of the United States, equal to the number of senators and representatives in Congress to which the state may be entitled or such other number as the Congress of the United States may require, shall be selected at such election.
Source:
PolC 1877, ch 27, §2; CL 1887, §1441; RPolC 1903, §1864; RC 1919, §7211; SDC 1939, §16.0602.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 02 - Dates And Hours Of Elections › Section 12-2-2.1 - Statewide elections limited to primary, runoff, and general election dates.

12-2-2.1. Statewide elections limited to primary, runoff, and general election dates.
No statewide election or referendum may be held on a date other than a date ordinarily provided by statute for a primary, runoff, or general election, with the exception of a date provided by the Legislature to hold a special election.
Source:
SL 1986, ch 116; SL 2000 (SS), ch 2, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 02 - Dates And Hours Of Elections › Section 12-2-3 - Opening and closing times for polls--Voters in line at closing time.

12-2-3. Opening and closing times for polls--Voters in line at closing time.
At each election to be held under this title, the polls shall be opened at the hour of seven a.m. and remain continuously open until seven p.m., standard time or daylight savings time, whichever is in effect. However, no polling place may be closed at any election until all the voters who have presented themselves at the polling place inside or outside for the purpose of voting prior to the time of the closing of the polls have had time to cast their ballots.
Source:
SDC 1939, §§16.0222, 16.1201; SL 1955, ch 54, §§3, 5; SL 1968, ch 76, §1; SDCL Supp, §12-6-24; SL 1973, ch 68, §2; SL 1981, ch 119, §1; SL 2000, ch 71, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 02 - Dates And Hours Of Elections › Section 12-2-4 - Emergency extension of closing times--Reopening after extended emergency.

12-2-4. Emergency extension of closing times--Reopening after extended emergency.
Notwithstanding §12-2-3, the county auditor may, upon request of the superintendent of an election precinct, if an emergency exists by reason of mechanical failure of a voting machine or an unanticipated shortage of ballots or like unforeseen event warrants it, extend the polling hours for that precinct until the emergency situation has been resolved. If the emergency situation is not resolved within two hours, except for a primary or general election, the polling place shall remain closed for one week and reopen at the time of the closure of the polling place.
Source:
SL 1974, ch 122; SL 1997, ch 76, §1; SL 2014, ch 70, §1, eff. Feb. 19, 2014.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 02 - Dates And Hours Of Elections › Section 12-2-5 - Elections of governmental subdivision held in conjunction with June primary election.

12-2-5. Elections of governmental subdivision held in conjunction with June primary election.
Any other provision of law notwithstanding, the members of the governing body of any governmental subdivision may choose to hold their elections in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the counties in which the governmental subdivision is located. Expenses of a combined election shall be shared in a manner agreed upon by the governing body of the subdivision and the county commissions involved. All other governmental responsibilities associated with holding elections under the provisions for that subdivision and Title 12 shall be shared as agreed upon by the governing bodies. The governmental subdivision clerk shall publish the notice of vacancy between February fifteenth and March first. No nominating petition may be circulated for signatures until March first. Nominating petitions shall be filed under the provisions required for that subdivision by the last Tuesday in March. The clerk shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the first Thursday after the last Tuesday in March.
Source:
SL 1996, ch 60, §6; SDCL 9-13-38; SL 2007, ch 81, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 02 - Dates And Hours Of Elections › Section 12-2-6 - Combined elections of governmental subdivisions.

12-2-6. Combined elections of governmental subdivisions.
The members of the governing body of any governmental subdivision may choose to hold their election in conjunction with any other governmental subdivision's election if the statutory dates for the election coincide. The combined election is subject to approval by all of the governing bodies involved in the combined election. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies involved in the combined election. All other governmental statutory responsibilities associated with the election shall be shared as agreed upon by the governing bodies.
Source:
SL 1996, ch 60, §7; SDCL 9-13-39.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 02 - Dates And Hours Of Elections › Section 12-2-8 - Postponement of election for weather conditions.

12-2-8. Postponement of election for weather conditions.
No earlier than twenty-four hours before the polls open, the person in charge of the election may call a special emergency meeting, pursuant to §§1-25-1 and 1-25-1.1, of the local governing board to postpone any election, except a primary or general election, for one week if the weather conditions put into question the opening of a polling place. The polling place shall then remain open for the same number of hours as it would normally have been open. Absentee voting shall continue pursuant to chapter 12-19.
Source:
SL 2014, ch 70, §2, eff. Feb. 19, 2014.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 02 - Dates And Hours Of Elections › Section 12-2-9 - Notification to voters of postponement of election.

12-2-9. Notification to voters of postponement of election.
The person in charge of the election shall use any and all means necessary to notify the voters in the jurisdiction of the postponement of an election pursuant to this chapter. If the postponement misses the deadline for the official newspaper, a notice shall be posted in three of the most public places within the jurisdiction.
Source:
SL 2014, ch 70, §3, eff. Feb. 19, 2014.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 03 - Suffrage And Right To Vote › Section 12-3-1 - General qualifications of voters.

12-3-1. General qualifications of voters.
Every person who, at the time of an election, maintains residence in this state, will be eighteen years of age or older on or before the next election, is not otherwise disqualified, and complies with the law regarding the registration of voters pursuant to chapter 12-4, may vote at any election in this state.
Source: PolC 1877, ch 27, §47; CL 1887, §1486; RPolC 1903, §1866; RC 1919, §7213; SDC 1939, §16.0604; SL 1972, ch 76, §1; SL 1973, ch 69, §2; SL 2023, ch 42, § 2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 03 - Suffrage And Right To Vote › Section 12-3-1.1 - Residents of federal areas.

12-3-1.1. Residents of federal areas.
No person residing on an area within the boundaries of this state which has been ceded to, or acquired by, the federal government shall be denied the right to vote in elections of this state or of the county, municipality, school district, or special district wherein such area lies if such person is otherwise qualified to vote in such election or elections.
Source:
SL 1970, ch 92.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 03 - Suffrage And Right To Vote › Section 12-3-5 - Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor.

12-3-5. Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor.
Any person entitled to vote at any election held within this state, including a primary election, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two consecutive hours between the time of opening and the time of closing the polls; provided such person does not have a period of two consecutive hours during the time the polls are open during which he is not required to be present at his work or place of employment. Such voter is not, because of so absenting himself, liable to any penalty, nor may any deduction be made on account of such absence from his usual salary or wages. The employer may specify the hours during which such employee may absent himself as aforesaid.
An employer who refuses an employee the privilege conferred by this section or who subjects an employee to a penalty or reduction of wages because of the exercise of such privilege or who directly or indirectly violates this section is guilty of a Class 2 misdemeanor.
Source:
SL 1897, ch 60, §40; RPolC 1903, §1924; RC 1919, §7274; SL 1929, ch 118, §20; SDC 1939, §§16.0202, 16.1211, 16.9922; SL 1945, ch 75; SL 1947, ch 87; SL 1955, ch 54; SL 1955, ch 57, §1; SL 1968, ch 73, §1; SL 1982, ch 86.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 03 - Suffrage And Right To Vote › Section 12-3-6 - Counties covered by Voting Rights Act Amendments--Designation by federal agencies--Notice from secretary of state.

12-3-6. Counties covered by Voting Rights Act Amendments--Designation by federal agencies--Notice from secretary of state.
Whenever the United States Department of Justice and the United States Census Bureau, acting pursuant to Public Law 94-73, designate any county in South Dakota to be covered under the provisions of the Voting Rights Act Amendments of 1975, the county so designated shall be governed by the provisions of §§12-3-6 to 12-3-13, inclusive. The secretary of state shall notify those affected counties that they are covered by the provisions of Public Law 94-73.
Source:
SL 1976, ch 104, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 03 - Suffrage And Right To Vote › Section 12-3-7 - Proceedings to exempt county from Voting Rights Amendments.

12-3-7. Proceedings to exempt county from Voting Rights Amendments.
The state's attorney of any affected county is hereby authorized to bring appropriate proceedings, pursuant to Public Law 94-73, to exempt the entire county from the provisions of that act.
Source:
SL 1976, ch 104, §7.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 03 - Suffrage And Right To Vote › Section 12-3-8 - Implementation of Voting Rights Amendments in affected counties.

12-3-8. Implementation of Voting Rights Amendments in affected counties.
Sections 12-3-6 to 12-3-13, inclusive, shall apply to all elections held within the affected counties designated pursuant to §12-3-6, and the person in charge of such elections shall be responsible for the implementation of such sections.
Source:
SL 1976, ch 104, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 03 - Suffrage And Right To Vote › Section 12-3-9 - Sioux dialects defined as historically unwritten.

12-3-9. Sioux dialects defined as historically unwritten.
The Legislature finds that the Lakota, Nakota, and Dakota dialects of the Sioux language are "historically" unwritten languages and are defined as such by the provisions of Public Law 94-73.
Source:
SL 1976, ch 104, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 03 - Suffrage And Right To Vote › Section 12-3-10 - Linguistic assistance to Indians provided by counties.

12-3-10. Linguistic assistance to Indians provided by counties.
The county auditor of the counties affected by §§12-3-6 to 12-3-13, inclusive, shall provide election assistance to any Indian by providing a person proficient in both the local Sioux dialect and the English language in all precincts of the county for the purposes of registration, voting and instruction.
Source:
SL 1976, ch 104, §4.