reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-4 - Electoral candidates' and party chairman's right to institute contest of presidential election.

12-22-4. Electoral candidates' and party chairman's right to institute contest of presidential election.
Such contest may be instituted, in the case of a presidential elector, by any one or more of a group of candidates for election as such electors, or by the chairman of the State Central Committee of any political party, which had on the ballot candidates duly nominated for such position.
Source:
SDC 1939, §16.1902 (3).
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-5 - Time of commencement of contest--Commencement after recount.

12-22-5. Time of commencement of contest--Commencement after recount.
Any such contest, except as to the election of presidential electors, shall not be commenced until after the official canvass of the returns as to the office, nomination, position, or question involved; and must be commenced within ten days thereafter, except that where upon a recount there is a determination that is contrary to the result as pronounced on the official returns, such contest may be started within five days after such pronouncement of such result of such recount.
Source:
SDC 1939, §16.1903.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-6 - Time of commencement of contest of presidential election.

12-22-6. Time of commencement of contest of presidential election.
Any such contest as to the election of presidential electors shall not be instituted at any time after the expiration of the time limit prescribed by §12-22-5. In case any person or persons entitled to institute such contest as to presidential electors, claim that for any reason returns from any precinct or precincts should be eliminated in the determination of the result, or that any ballots should be eliminated, such contest may be instituted at any time after the election and prior to the expiration of such time limit.
Source:
SDC 1939, §16.1904.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-7 - Original jurisdiction of contests.

12-22-7. Original jurisdiction of contests.
Original jurisdiction over such contests shall be as follows:
(1)As to contests involving state offices, or judicial officers in the Supreme Court;
(2)As to all other contests, in the circuit court of a county which includes the locality where the election or some part thereof was conducted.
Source:
SDC 1939, §16.1905; SL 1974, ch 118, §192.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-8 - Summons and complaint to commence contest.

12-22-8. Summons and complaint to commence contest.
Such contest shall be deemed commenced upon the filing with the clerk of the court of a summons and complaint, which complaint shall be duly verified, and set forth a concise statement of the facts on which the contest is based. The summons shall be in the same form as the summons in a civil action, except that the time for answer shall be specified as within ten days after the service, unless the court shorten such time, as provided by §12-22-10, in which event the time fixed by the court shall be specified.
Source:
SDC 1939, §16.1906.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-9 - Service of summons and complaint--Time of serving.

12-22-9. Service of summons and complaint--Time of serving.
Forthwith upon the filing of the summons and complaint, the same shall be served on the defendant or defendants, or on such other persons as may be required by §§12-22-11 to 12-22-15, inclusive. If such filing is within the time prescribed by §§12-22-5 and 12-22-6, such service may be made after expiration of such time, if made as soon as reasonably possible.
Source:
SDC 1939, §16.1906.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-10 - Court orders to expedite proceedings.

12-22-10. Court orders to expedite proceedings.
Whenever it shall appear that substantial rights may be lost or impaired by delay, the court may, at any time after the contest is commenced, upon application of any party, and upon reasonable notice to the other party or parties, make such order or orders as the court deems necessary to bring about the expeditious and just determination of the contest, including the shortening of the time for answer, the time, manner, and method of taking depositions, reference to a referee or referees, including power to appoint different referees for different purposes, and directing that when feasible the taking of evidence on depositions or before referees may proceed simultaneously, safeguarding the right of each party to be represented, if he so desires, in all such proceedings.
Source:
SDC 1939, §16.1907.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-11 - Joinder of parties in commencement of contest--Denomination of plaintiffs and defendants.

12-22-11. Joinder of parties in commencement of contest--Denomination of plaintiffs and defendants.
When two or more persons are entitled to commence any such contest, any one of them may institute it, or two or more may join. The person or persons instituting any such contest involving an election or nomination to any office or position shall be denominated plaintiff or plaintiffs. The person or persons who at the time of starting such contest are officially declared elected or nominated to such office or position shall be named defendant or defendants.
Source:
SDC 1939, §16.1910.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-12 - Intervention by other candidates--Assertion of right to nomination or office.

12-22-12. Intervention by other candidates--Assertion of right to nomination or office.
Any other person who was a candidate for such office or nomination may be permitted at any time to intervene, but shall not be permitted to assert any right to such nomination or office unless such intervention is within the time in which he might have started a contest.
Source:
SDC 1939, §16.1910.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-13 - Designation of defendants in contest of presidential election.

12-22-13. Designation of defendants in contest of presidential election.
In case of commencement of a contest involving presidential electors, prior to the official canvass, the plaintiff or plaintiffs must in good faith designate as defendants all candidates for such electors as shall have received a sufficient number of votes so there is a reasonable chance of their election.
Source:
SDC 1939, §16.1910.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-14 - Title of proceeding on submitted question.

12-22-14. Title of proceeding on submitted question.
In the case of a contest as to a submitted or referred question, the proceeding shall be entitled: "In the matter of election contest as to ____ (naming the question involved)."
Source:
SDC 1939, §16.1910.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-15 - Service of summons and complaint in contest on submitted question--Intervention.

12-22-15. Service of summons and complaint in contest on submitted question--Intervention.
In a contest as to a submitted or referred question voted upon in more than one county, the summons and complaint must be served on the attorney general. In other cases involving a submitted or referred question, the court shall, upon filing the complaint, direct by order the service upon such persons or officials as the court believes might be interested in resisting the relief sought. Any person on whom such complaint is served may answer the complaint, and shall thereafter be deemed a party. After commencement of a contest involving a submitted or referred question, any voter who was entitled to vote on such question may be permitted to intervene as a party plaintiff or defendant.
Source:
SDC 1939, §16.1910.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-16 - Answer to present all defenses--Admission of matters not denied--Affirmative defense.

12-22-16. Answer to present all defenses--Admission of matters not denied--Affirmative defense.
No pleading to the complaint, other than an answer, shall be permitted, and all defenses of fact or law must be presented in such answer. Any matters alleged in the complaint and not denied shall be deemed admitted, but the court may, in its discretion, require that such admitted matters be nevertheless shown by competent evidence. The answer may also set forth matter in the nature of an affirmative defense.
Source:
SDC 1939, §16.1908.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-17 - Hearing on contest--Default judgment prohibited.

12-22-17. Hearing on contest--Default judgment prohibited.
After answer has been interposed or after time for answer has expired, and when no answer is interposed, the court on application of any party, and on five days' notice to all other parties, unless the court for cause shall shorten such time, shall conduct a hearing on which a date for trial shall be fixed, which date shall be as early as reasonably possible, and the procedure to be followed determined, with full power in the court to provide for any and all of the matters specified in §12-22-10. No judgment shall be entered by default, and if no answer is interposed, the court shall nevertheless proceed to determine the relevant and material facts.
Source:
SDC 1939, §16.1914.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-18 - Court to proceed expeditiously--Designation of judge and relief from other duties.

12-22-18. Court to proceed expeditiously--Designation of judge and relief from other duties.
The court shall proceed as expeditiously as reasonably possible, and the Chief Justice of the Supreme Court may, upon the application of the judge of any circuit court, before which such a contest is pending, or upon the application of any party, make an order designating any judge of any circuit court of the state to hear such contest, and relieving such judge of his other official duties pending the final determination of the contest.
Source:
SDC 1939, §16.1915; SL 1974, ch 118, §193.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-19 - Official returns or recount conclusive as to accuracy of count--Other issues determined in contest.

12-22-19. Official returns or recount conclusive as to accuracy of count--Other issues determined in contest.
In such proceeding the accuracy of the count of the ballots as established by the official returns or as corrected by a recount, if a recount has been had under chapter 12-21, or as ultimately determined upon certiorari proceedings if such certiorari proceedings have been had, shall be accepted as conclusive, the intent hereof being that the remedies provided by chapter 12-21 for determination of the accuracy of the count shall be deemed exclusive as to such accuracy. There may, however, be determined in such contest all other questions relevant or material to the ultimate question of whether the official determination of the result of the election is correct.
Source:
SDC 1939, §16.1911.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-20 - Certiorari to review recount as alternative remedy--Consolidation of proceedings.

12-22-20. Certiorari to review recount as alternative remedy--Consolidation of proceedings.
Whenever any person entitled to commence certiorari proceedings to review any recount under chapter 12-21 also desires to institute a contest under §§12-22-1 to 12-22-28, inclusive, he may resort to both remedies, and such remedies shall be deemed consistent and concurrent. The court may, in such a case, order the consolidation of such proceedings.
Source:
SDC 1939, §16.1912.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-21 - Judgment withheld while recount or certiorari pending--Judgment declaring election result.

12-22-21. Judgment withheld while recount or certiorari pending--Judgment declaring election result.
When any recount is pending under chapter 12-21, or when there are pending certiorari proceedings to review such recount, judgment shall not be entered until the result of such recount is finally determined. The judgment finally entered shall declare the result of the election.
Source:
SDC 1939, §16.1915.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-22 - Supreme Court order directing consolidation of contests involving same office or question--Duty of judges and attorneys to notify Supreme Court.

12-22-22. Supreme Court order directing consolidation of contests involving same office or question--Duty of judges and attorneys to notify Supreme Court.
Whenever it shall come to the attention of the Supreme Court that two or more contests are pending involving nomination or election to the same office or position, or the same submitted or referred question, the court may, on its own motion, or on the motion of any interested person and on reasonable notice to the parties, make an order, under its power of supervision of lower courts, directing that such proceedings be consolidated, and designating the circuit court in which further proceedings are to be had, with such provisions as the court considers necessary to safeguard the rights of the parties. It shall be the duty of any attorney appearing in any such case, upon learning of the pendency of any such other proceedings, to call the same to the attention of the Supreme Court. Any circuit judge before whom any such case is pending, upon learning of the pendency of any such other case, shall proceed no further, but shall at once notify the Supreme Court of the situation.
Source:
SDC 1939, §16.1913.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-23 - Conflicting circuit court decisions on same submitted question--Appeal determinative--Direction to attorney general to prosecute appeal.

12-22-23. Conflicting circuit court decisions on same submitted question--Appeal determinative--Direction to attorney general to prosecute appeal.
In any instances where two or more such contests involve the same submitted or referred question, and where judgments are rendered by different circuit courts with conflicting results, and an appeal is taken in any such case, the appeal shall be determinative of any other such case in which no such appeal is taken, and in case no appeal is taken in any such case, where the determinations in circuit courts are conflicting, within the time provided by law, the time for appeal shall be deemed extended in all of such cases, and the Supreme Court may, at any time, direct that the attorney general prosecute an appeal in some one of such cases.
Source:
SDC 1939, §16.1913.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-25 - Right of appeal to Supreme Court--Expediting proceedings in Supreme Court--Combining with appeal from certiorari to review recount.

12-22-25. Right of appeal to Supreme Court--Expediting proceedings in Supreme Court--Combining with appeal from certiorari to review recount.
An appeal may be taken from the judgment of the circuit court the same as in other civil proceedings, but within the time, and subject to the same conditions, as specified in subdivisions 12-21-61(1), (2), (3), and (4), relating to appeals in certiorari proceedings to review recounts. An appeal from a judgment rendered under the provisions of §§12-22-1 to 12-22-28, inclusive, and an appeal from a judgment in such certiorari proceeding, may be combined into one appeal, and if taken separately may be consolidated by order of the Supreme Court.
Source:
SDC 1939, §16.1916.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-26 - Notice of intention to institute legislative contest--Time for service--Answer.

12-22-26. Notice of intention to institute legislative contest--Time for service--Answer.
Any person who intends to contest the election of any person to either branch of the Legislature may within ten days after the official canvass of the votes, or within five days after final determination of a recount, if a recount has been had, give written notice to such other person of such contest, specifying the grounds of such contest. The person on whom such notice is served may within ten days after such service, serve on the person giving such notice an answer, admitting or denying the grounds alleged, and shall be deemed to admit any grounds not denied.
Source:
SDC 1939, §16.1917.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-27 - Depositions in legislative contest--Filing with secretary of state.

12-22-27. Depositions in legislative contest--Filing with secretary of state.
At any time after the service of the notice of such contest, the person serving the same may proceed to take depositions as hereinafter provided, and the person to whom a notice is given may proceed to take such depositions as soon as he serves his answer. Such depositions shall be taken with the same notice and under the same procedure and subject to the same conditions, so far as applicable, as depositions in a civil action, and shall be returned by the officer taking the same to the secretary of state, and filed in the Office of the Secretary of State, who shall be authorized to open the same at the instance of either party, his attorney, or agent.
Source:
SDC 1939, §16.1918.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-28 - Public funds not used for legislative contest.

12-22-28. Public funds not used for legislative contest.
No payment shall be made or authorized by the Legislature out of its contingent fund or from public funds to either party to a contested election, for expenses incurred in prosecuting or defending any contest.
Source:
PolC 1877, ch 47, §22; CL 1887, §1523; RPolC 1903, §2022; RC 1919, §7364; SDC 1939, §16.1919.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-29 - Candidate's right to contest primary election--Filing of complaint--Circuit court jurisdiction.

12-22-29. Candidate's right to contest primary election--Filing of complaint--Circuit court jurisdiction.
Any candidate for nomination to any elective office, or for election to any party position, whose name appears on the official primary election ballot of any political party may contest the primary election as to the office or position for which he was a candidate for nomination or election, by filing with the clerk of the circuit court for the county in which his nominating petition was filed, a complaint in writing within ten days after the returns have been canvassed by the county canvassing board or boards, setting forth the grounds of his contest, which complaint shall be verified by the complainant. The complainant shall give security for all costs. Authority and jurisdiction are hereby vested in the circuit court to hear and determine such contests.
Source:
SL 1937, ch 123; SDC 1939, §16.0239.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-30 - Notation of filing of complaint in primary contest--Date of hearing--Apparently successful candidate as defendant.

12-22-30. Notation of filing of complaint in primary contest--Date of hearing--Apparently successful candidate as defendant.
When a complaint has been filed it shall forthwith be presented to the judge of the circuit court in which it is filed, who shall note thereon the day of presentation and also the day and place where he will hear the same, which shall be not later than ten days thereafter. The candidate who appears upon the face of the returns to have been elected, or to whom a certificate of nomination has been issued, shall be named as defendant.
Source:
SL 1937, ch 123; SDC 1939, §16.0239.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-31 - Service of order fixing hearing date on primary contest--Answer.

12-22-31. Service of order fixing hearing date on primary contest--Answer.
When the court has fixed the day for hearing the complaint, an order fixing such hearing shall be personally served upon the defendant, in the same manner as is provided for the service of a summons in a civil action. The defendant must answer on or before the day of hearing.
Source:
SL 1937, ch 123; SDC 1939, §16.0239.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-32 - Hearing of primary contest in or out of term--Preference in order of hearing.

12-22-32. Hearing of primary contest in or out of term--Preference in order of hearing.
The cause may be heard and determined by the court in term time, or by the judge thereof in vacation, and shall have preference in order of hearing to all other cases.
Source:
SL 1937, ch 123; SDC 1939, §16.0239.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-33 - Dismissal of insufficient complaint--Hearing of evidence--Entry of orders and decisions.

12-22-33. Dismissal of insufficient complaint--Hearing of evidence--Entry of orders and decisions.
If, in the opinion of the court, the grounds alleged for the contest are insufficient, the complaint shall be dismissed. If the grounds are sufficient, the court shall proceed in a summary manner and may hear evidence, examine the returns, recount the ballots, and enter such orders and decisions as the facts and the law may require.
Source:
SL 1937, ch 123; SDC 1939, §16.0239.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-34 - Elections to which primary contest law applies.

12-22-34. Elections to which primary contest law applies.
The judgment of the court shall be final, and the provisions of §§12-22-29 to 12-22-35, inclusive, shall, so far as applicable, apply to contests of nominations and elections by primary election.
Source:
SL 1937, ch 123; SDC 1939, §16.0239.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 22 - Contests › Section 12-22-35 - Supreme Court jurisdiction of primary contests for state office.

12-22-35. Supreme Court jurisdiction of primary contests for state office.
Where the nominating petitions have been filed with the secretary of state, a contest affecting such candidates shall be brought in and determined by the Supreme Court in the same manner.
Source:
SL 1937, ch 123; SDC 1939, §16.0239.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 24 - Presidential Electors › Section 12-24-1 - Elector's notice to Governor of readiness to perform duties--Certificate of names presented to electors.

12-24-1. Elector's notice to Governor of readiness to perform duties--Certificate of names presented to electors.
Each elector of President and vice president of the United States shall, before the hour of eleven o'clock in the morning of the day fixed by the act of Congress to elect a President and vice president, give notice to the Governor that he is at the seat of government and ready at the proper time to perform the duties of an elector; and the Governor shall forthwith deliver to the electors present a certificate of all the names of the electors.
Source:
SL 1890, ch 84, §13; RPolC 1903, §1961; RC 1919, §7325; SDC 1939, §16.1602; SL 1968, ch 81.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 24 - Presidential Electors › Section 12-24-2 - Replacement of elector failing to appear.

12-24-2. Replacement of elector failing to appear.
If any elector named in the Governor's certificate fails to appear before nine o'clock in the morning of the day of election of President and vice president as aforesaid, the electors there present shall immediately proceed to elect by ballot, in the presence of the Governor, a person to fill such vacancy. If more than one person voted for to fill such vacancy shall have the highest and an equal number of votes, the Governor, in the presence of the electors attending, shall decide by lot which of such persons shall be elected.
Source:
SL 1890, ch 84, §§13, 14; RPolC 1903, §§1961, 1962; RC 1919, §7325; SDC 1939, §16.1602.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 24 - Presidential Electors › Section 12-24-3 - Notice to and powers of elector chosen to fill vacancy.

12-24-3. Notice to and powers of elector chosen to fill vacancy.
Immediately after such choice is made, the name of the person so chosen shall forthwith be certified to the Governor by the electors making such choice; and the Governor shall cause notice to be immediately given, in writing, to the elector chosen to fill such vacancy; and the person so chosen shall be an elector and shall meet the other electors at the same time and place, and then and there discharge all and singular the duties enjoined upon him as an elector by the Constitution and laws of the United States and of this state.
Source:
SL 1890, ch 84, §15; RPolC 1903, §1963; RC 1919, §7326; SDC 1939, §16.1603.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 24 - Presidential Electors › Section 12-24-4 - Time and place of performance of constitutional duties by electors.

12-24-4. Time and place of performance of constitutional duties by electors.
The electors of President and vice president shall, at twelve noon on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this state and then and there perform the duties enjoined upon them by the Constitution and laws of the United States.
Source:
SL 1890, ch 84, §12; RPolC 1903, §1960; RC 1919, §7324; SDC 1939, §16.1601.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 24 - Presidential Electors › Section 12-24-5 - Compensation and mileage of electors.

12-24-5. Compensation and mileage of electors.
The electors shall receive the same compensation per diem and the same mileage as members of the Legislature.
Source:
SL 1890, ch 84, §16; RPolC 1903, §1964; RC 1919, §7327; SDC 1939, §16.1604.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 25 - Candidates' Financial Interest Statements › Section 12-25-27 - Definitions.

12-25-27. Definitions.
Terms as used in this chapter mean:
(1)"Any member of the individual's immediate family," a spouse or minor children living at home;
(2)"Close economic interest," any enterprise that, in the calendar year preceding the filing of any statement of financial interest under this chapter, contributes more than ten percent of or more than two thousand dollars to the gross income of the family, including the individual required to file the statement and any member of the individual's immediate family. The term also includes any enterprise in which the individual or any member of the individual's immediate family controls more than ten percent of the capital or stock;
(3)"Enterprise," any business or economic relationship;
(4)"Statement of financial interest," a description of the type of financial activity and the nature of the association with any enterprise as defined in this section.
Source:
SL 1974, ch 121, §1; SL 2017, ch 23, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 25 - Candidates' Financial Interest Statements › Section 12-25-28 - Statements by candidates for state or federal office subject to primary--Violation as petty offense or misdemeanor.

12-25-28. Statements by candidates for state or federal office subject to primary--Violation as petty offense or misdemeanor.
Any candidate for the United States Senate, the United States House of Representatives, Governor, circuit court judge, or the Legislature shall file a statement of financial interest with the secretary of state not more than fifteen days after filing the candidate's nominating petitions. Any Supreme Court justice shall file a statement of financial interest with the secretary of state not more than fifteen days following notice to the secretary of state of the justice's intention to place the justice's name on the retention ballot. A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.
Source:
SL 1974, ch 121, §2; SL 1975, ch 125, §22; SL 1979, ch 108, §5; SL 1982, ch 86, §107; SL 1984, ch 113; SL 2017, ch 23, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 25 - Candidates' Financial Interest Statements › Section 12-25-29 - Statements by convention nominees for state office--Violation as petty offense or misdemeanor.

12-25-29. Statements by convention nominees for state office--Violation as petty offense or misdemeanor.
Any candidate for lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, or commissioner of school and public lands shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's nomination is certified. A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.
Source:
SL 1974, ch 121, §3; SL 1975, ch 125, §23; SL 1979, ch 108, §6; SL 1982, ch 86, §108; SL 2017, ch 23, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 25 - Candidates' Financial Interest Statements › Section 12-25-29.1 - Statements by convention nominees of party with alternative political status--Violation as petty offense or misdemeanor.

12-25-29.1. Statements by convention nominees of party with alternative political status--Violation as petty offense or misdemeanor.
Any candidate for United States Senate, United States House of Representatives, Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, commissioner of school and public lands, or state legislator who has been nominated at the convention of a party with alternative political status shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's nomination is certified. A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.
Source:
SL 2019, ch 73, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 25 - Candidates' Financial Interest Statements › Section 12-25-30 - Statements by candidates for local office--Violation as petty offense or misdemeanor.

12-25-30. Statements by candidates for local office--Violation as petty offense or misdemeanor.
Any candidate for county commissioner, school board member in a school district with a total enrollment of more than two thousand students, or commissioner, council member, or mayor in any first class municipality, shall file a statement of financial interest with the office at which the candidate's nominating petitions are filed not more than fifteen days after filing the candidate's nominating petitions or, if otherwise nominated, not more than fifteen days after the candidate's nomination is certified. Any violation of this section is a petty offense. An intentional violation of this section is a Class 2 misdemeanor.
Source:
SL 1974, ch 121, §4; SL 1977, ch 68, §12; SL 1982, ch 86, §109; SL 1992, ch 60, §2; SL 1995, ch 85; SL 2017, ch 23, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 25 - Candidates' Financial Interest Statements › Section 12-25-31 - Forms for financial statements--Value not required--Verification--Open to public.

12-25-31. Forms for financial statements--Value not required--Verification--Open to public.
The secretary of state shall prescribe and provide forms for the reporting of close economic interest. The value of a close economic interest need not be reported. Each individual filing a statement of financial interest shall subscribe to an oath or affirmation verifying the contents of such statement. All statements of financial interest shall be open to public inspection, except pursuant to §12-25-31.1.
Source:
SL 1974, ch 121, §§8 to 10; SL 1975, ch 125, §24; SL 1979, ch 108, §7; SL 2022, ch 11, §6, eff. Feb. 14, 2022.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 25 - Candidates' Financial Interest Statements › Section 12-25-31.1 - Certain personally identifiable information of judicial officers excluded from public record.

12-25-31.1. Certain personally identifiable information of judicial officers excluded from public record.
Any personally identifiable information contained in a statement of financial interest filed pursuant to this chapter by a candidate for circuit court judge or Supreme Court justice subject to a retention election is not open to public inspection. For purposes of this section, the term, personally identifiable information, means any home address, home or personal telephone number, or personal email address. The county of residence for the candidate for the office of judge or justice subject to a retention election is a public record.
Source:
SL 2022, ch 11, §7, eff. Feb. 14, 2022.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 25 - Candidates' Financial Interest Statements › Section 12-25-34 - Information from reports or statements--Sale or use for solicitation or commercial purpose prohibited--Misdemeanor.

12-25-34. Information from reports or statements--Sale or use for solicitation or commercial purpose prohibited--Misdemeanor.
Any information copied, or otherwise obtained, from any report or statement, or copy, reproduction, or publication thereof, filed with the secretary of state under this chapter, shall not be sold or utilized by any person for the purpose of soliciting contributions, or any commercial purpose. For purposes of this section, "any commercial purpose" does not include the sale of newspapers, magazines, books, or other similar communications, the principal purpose of which is not to communicate lists or other information obtained from a report filed in accordance with this chapter.
Any violation of this section shall be a Class 2 misdemeanor.
Source:
SL 1980, ch 117, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-1 - Elections to which chapter applies.

12-26-1. Elections to which chapter applies.
The word "election" as used in this chapter includes any election held in this state for the purpose of enabling the voters to nominate or elect any United States, state, or local officer, or to vote upon any question submitted to them.
Source:
PenC 1877, §90; CL 1887, §6290; RPenC 1903, §95; RC 1919, §3679; SDC 1939, §13.0901; SL 1974, ch 118, §197.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-3 - False representation to procure registration or acceptance of vote as misdemeanor--Failure to deny false statement as misrepresentation.

12-26-3. False representation to procure registration or acceptance of vote as misdemeanor--Failure to deny false statement as misrepresentation.
Any person who, at the time of requesting his name to be registered as a voter, or who at the time of offering his vote at any election, knowingly makes any false statement or employs any false representation to procure his name to be registered or his vote to be received, is guilty of a Class 2 misdemeanor. A false statement or representation made or used in the presence and to the knowledge of a person requesting his name to be registered, or offering his vote, is to be deemed made by himself if it appears that it was made or used in support of his claim to be registered or to vote, that he knew it to be false and that he allowed it to pass uncontradicted.
Source:
PenC 1877, §§72, 73; CL 1887, §§6272, 6273; RPenC 1903, §§77, 78; RC 1919, §§3664, 3665; SDC 1939, §13.0907; SL 1982, ch 86, §111.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-4 - Voting or offer to vote by unqualified person as misdemeanor.

12-26-4. Voting or offer to vote by unqualified person as misdemeanor.
Any person knowing himself not to be a qualified voter who votes or offers to vote at any election is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §65; CL 1887, §6264; RPenC 1903, §69; RC 1919, §3658; SDC 1939, §13.0908; SL 1982, ch 86, §112.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-7 - Impersonation of registered voter as felony.

12-26-7. Impersonation of registered voter as felony.
A person who impersonates a registered voter and, as such, offers to vote at any election, is guilty of a Class 5 felony.
Source:
PenC 1877, §71; CL 1887, §6271; RPolC 1903, §2034; RPenC 1903, §76; RC 1919, §3663; SDC 1939, §13.0906; SL 1973, ch 79, §2; SL 1982, ch 86, §114.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-8 - Voting more than once at any election as felony.

12-26-8. Voting more than once at any election as felony.
A person who votes more than once at any election or who offers to vote after having once voted, either in the same or in another election precinct in South Dakota or elsewhere, is guilty of a Class 6 felony.
Source:
PenC 1877, §64; CL 1887, §6263; RPenC 1903, §68; RC 1919, §3657; SDC 1939, §13.0911; SL 1982, ch 86, §115; SL 2004, ch 105, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-9 - Good faith defense to prosecution for illegal voting.

12-26-9. Good faith defense to prosecution for illegal voting.
Upon any prosecution for procuring, offering, or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good reason that the vote complained of was a lawful one; and the jury may take such facts into consideration in determining whether the acts complained of were knowingly done or not.
Source:
PenC 1877, §94; CL 1887, §6294; RPenC 1903, §99; RC 1919, §3683; SDC 1939, §13.0912.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-10 - Threats or intimidation to prevent public assembly of electors as misdemeanor--Hindering attendance at meeting.

12-26-10. Threats or intimidation to prevent public assembly of electors as misdemeanor--Hindering attendance at meeting.
A person who by threats, intimidation, or unlawful force or violence, intentionally hinders or prevents voters from assembling in a public meeting for considering of public questions, or who hinders or prevents any individual voter from attending any such meeting, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §§75, 76; CL 1887, §§6275, 6276; RPenC 1903, §§80, 81; RC 1919, §§3667, 3668; SDC 1939, §13.0915; SL 1982, ch 86, §116.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-11 - Disturbance of public meeting of voters as misdemeanor.

12-26-11. Disturbance of public meeting of voters as misdemeanor.
A person who intentionally disturbs or breaks up any public meeting of voters lawfully being held for the purpose of considering public questions is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §74; CL 1887, §6274; RPenC 1903, §79; RC 1919, §3666; SDC 1939, §13.0916; SL 1982, ch 86, §117.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-12 - Persecution, threats, or intimidation to influence vote as misdemeanor--Obstruction of voter on way to polls.

12-26-12. Persecution, threats, or intimidation to influence vote as misdemeanor--Obstruction of voter on way to polls.
A person who directly or indirectly, intentionally, by force or violence, or by unlawful arrest, or by any abduction, duress, damage, harm, or loss, or by any forcible or fraudulent contrivance, or by threats to do or employ any of them, or by threats of bringing civil suit or criminal prosecution, withdrawal of customs or dealing in business or trade, or enforcing payment of debts, or by any kind of injury or threat of injury inflicted or to be inflicted on any voter or person to influence any voter, and attempted, done, or threatened, or caused to be attempted, done, or threatened by any person in his own behalf or in behalf of any other person or question voted upon or to be voted upon at any election, for the purpose of preventing, causing, or intimidating a voter to vote or refrain from voting for or against any person or question, or who does or causes to be done any of such things because of a voter having voted or refrained from voting on any such matter, or who intentionally and without lawful authority obstructs, hinders, or delays a voter on his way to any poll where an election is to be held, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §§63, 77, 78; CL 1887, §§6262, 6277, 6278; SL 1891, ch 58, §§4, 7; RPenC 1903, §§61, 64, 67, 82, 83; RC 1919, §§3652, 3655, 3656, 3669, 3670; SDC 1939, §13.0913; SL 1982, ch 86, §118.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-13 - Unlawful influence of employees' political activities or voting as misdemeanor--Forfeiture of corporate charter.

12-26-13. Unlawful influence of employees' political activities or voting as misdemeanor--Forfeiture of corporate charter.
It is a Class 2 misdemeanor for any employer in paying his employees the salary or wages due them, to enclose their pay in "pay envelopes" upon which there is written or printed any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees.
It is a Class 2 misdemeanor for any employer, within ninety days of a general election, to put up or otherwise exhibit in his factory, mill, workshop, or other establishment or place where his employees may be working, any handbill or placard containing any threat, notice, or information that in case any particular tickets or candidate shall be elected, work in his place or establishment will cease in whole or in part, or that his establishment will be closed, or the wages of his workmen will be reduced, or other threats, express or implied, intended or calculated to influence the political opinion or the actions of his employees in voting.
Any corporation violating this section shall, upon proof thereof, forfeit its charter.
Source:
SL 1891, ch 58, §5; RPenC 1903, §62; RC 1919, §3653; SDC 1939, §13.0914; SL 1982, ch 86, §119.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-14 - Use of public relief, loans, or grants to influence political activity or vote as misdemeanor.

12-26-14. Use of public relief, loans, or grants to influence political activity or vote as misdemeanor.
It is a Class 1 misdemeanor for any person, directly or indirectly, to promise or threaten to grant or withhold or to cause to be granted or withheld, any public relief, assistance loans, or grants for the purpose or with the intention of controlling or influencing the political affiliations, party registration, support or vote at any election, of any person so promised or threatened.
The terms "public relief" and "assistance" include all forms of direct public relief and also all forms of indirect relief such as employment on any public works or project. The terms "loans" and "grants" include all forms of financial assistance granted by the federal government or any of its agencies and also by this state or any of its political subdivisions.
Source:
SL 1939, ch 240, §§1, 2, 4; SDC Supp 1960, §13.0930; SL 1982, ch 86, §120.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-15 - Bribery of voter as misdemeanor--Acts constituting bribery.

12-26-15. Bribery of voter as misdemeanor--Acts constituting bribery.
It is a Class 2 misdemeanor for any person, directly or indirectly, by the person or through any other person:
(1)To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other person, to induce the voter to vote or refrain from voting at any election or to induce any voter to vote or refrain from voting at any election for any particular person or to induce the voter to go to the polls or remain away from the polls at any election, or on account of the voter having voted, refrained from voting or having voted or refrained from voting for any particular person, or having gone to the polls or remained away from the polls at any election;
(2)To give, offer, or promise any office, place, or employment, or to promise to procure or endeavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to induce the voter to vote or refrain from voting at any election for any particular person;
(3)To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for, or with any person in order to induce the person to procure or endeavor to procure the election of any person, or the vote of any voter at any election;
(4)To procure or engage, promise, or endeavor to procure, in consequence of any gift, loan, offer, promise, procurement, or agreement, the election of any person or the vote of any voter at any election;
(5)To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same or any part thereof shall be used in bribery at any election, or to knowingly pay or cause to be paid any money or other valuable thing to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;
(6)To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other person, to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition;
(7)To give, offer, or promise any office, place, or employment, or to promise to procure or endeavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition; or
(8)To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for, or with any person in order to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition.
Source:
SL 1891, ch 58, §1; RPenC 1903, §56; RC 1919, §3648; SDC 1939, §13.0920; SL 1982, ch 86, §121; SL 2013, ch 63, §4.