reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-57 - Meeting of party committee to fill vacancies--Manner of voting.

12-6-57. Meeting of party committee to fill vacancies--Manner of voting.
To fill a vacancy for a party candidate to a:
(1)State office or as a presidential elector, the party State Central Committee chairman shall call a central committee meeting to fill the vacancy, and designate the time and place where the meeting shall be held;
(2)Multi-county legislative district, the party State Central Committee chairman shall call a meeting of affected county party central committee members to fill the vacancy, designate the time and place where the meeting shall be held, designate the person who will conduct the meeting, and notify all affected central committee members of this information;
(3)Single-county legislative district or county office, the county party central committee chairman shall call a meeting of the county party central committee to fill the vacancy and designate the time and place where the meeting shall be held.
Vacancies filled by State Central Committee shall be by unit representation, each county casting the number of votes cast in that county at the last general election for that party's candidate for Governor. All other vacancies shall be filled by a majority vote of the affected committee members present.
Source:
SL 1929, ch 118, §56; SDC 1939, §16.0243; SL 1968, ch 77; SL 1991, ch 119, §2; SL 2021, ch 63, § 2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-58 - Application of vacancy provisions to special congressional elections.

12-6-58. Application of vacancy provisions to special congressional elections.
Sections 12-6-56 and 12-6-57 shall also apply to the selection of candidates to be voted on at any special election to fill congressional vacancies pursuant to chapter 12-11.
Source:
SL 1929, ch 118, §56; SDC 1939, §16.0243; SL 1968, ch 77; SL 1973, ch 74, §13.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-64 - Liberal construction of primary election laws.

12-6-64. Liberal construction of primary election laws.
The laws of this state pertaining to primary elections shall be liberally construed so that the real will of the voters may not be defeated by a mere technicality.
Source:
SL 1929, ch 118, §58; SDC 1939, §16.0248.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-65 - Defeated candidate--Prohibition.

12-6-65  .  Defeated candidate--Prohibition.
Notwithstanding any other provisions, if a candidate has been defeated in a primary election for office in the Legislature, the candidate may not run for that office under the affiliation of a different political party in the same election year as the primary election.
Source:  SL 2020, ch 51, § 1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 07 - Nomination Of Independent Candidates › Section 12-7-1 - Certificate of nomination for nonjudicial public office-- Exceptions--Requirements .

12-7-1. Certificate of nomination for nonjudicial public office--Exceptions--Requirements.
Any candidate for nonjudicial public office, except as provided in §12-7-7, who is not nominated by a primary election may be nominated by filing a certificate of nomination with the secretary of state or county auditor as prescribed by §12-6-4, after December thirty-first and by the last Tuesday of April at 5:00 p.m. local time before the election. A certificate of nomination shall be executed as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by the last Tuesday of April at 5:00 p.m. local time before the election, it is timely submitted. The certificate of nomination shall be signed by registered voters within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the district or political subdivision. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate of nomination.
Source:
SDC 1939, §16.0501; SL 1973, ch 75, §1; SL 1975, ch 119, §17; SL 1975, ch 122, §1; SL 1976, ch 105, §20; SL 1977, ch 108, §2; SL 1977, ch 109, §1; SL 1982, ch 127; SL 1999, ch 73, §1; SL 2001, ch 68, §1; SL 2002, ch 74, §1; SL 2005, ch 87, §3; SL 2007, ch 76, §1; SL 2012, ch 83, §1; SL 2015, ch 77, §8 rejected Nov. 8, 2016; SL 2017, ch 2, §10; SL 2017, ch 69, §7.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 07 - Nomination Of Independent Candidates › Section 12-7-1.1 - Earliest time for circulation of petitions or nominating certificates.

12-7-1.1. Earliest time for circulation of petitions or nominating certificates.
No petition or certificate of nomination covered by this chapter may be circulated prior to the first day of January of the year in which the election will be held.
Source:
SL 1977, ch 108, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 07 - Nomination Of Independent Candidates › Section 12-7-1.2 - Certification of candidate for lieutenant governor.

12-7-1.2. Certification of candidate for lieutenant governor.
An independent candidate for Governor shall certify the candidate's selection for lieutenant governor to the secretary of state with the candidate's nominating petition. The candidate and the candidate's selection for lieutenant governor shall sign the certification before the nominating petitions are circulated. If an independent candidate for lieutenant governor withdraws, no independent candidate for Governor may have the candidate's name printed upon a ballot unless a replacement selection for lieutenant governor is certified to the secretary of state by the second Tuesday in August. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certification for lieutenant governor.
Source:
SL 2017, ch 69, §8.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 07 - Nomination Of Independent Candidates › Section 12-7-5 - Primary election candidate prohibited from filing as independent for same office in same year.

12-7-5. Primary election candidate prohibited from filing as independent for same office in same year.
No person shall file a certificate of nomination pursuant to §12-7-1 for an office for which he has been a candidate in the primary election of the same year.
Source:
SL 1977, ch 110; SL 1980, ch 114.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 07 - Nomination Of Independent Candidates › Section 12-7-6 - Candidates for Legislature required to reside in district of candidacy.

12-7-6. Candidates for Legislature required to reside in district of candidacy.
Any candidate for office in the State Legislature shall be a resident of the district for which he is a candidate at the time he signs his declaration of candidacy on the certificate of nomination as required by this chapter.
Source:
SL 1990, ch 105, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 07 - Nomination Of Independent Candidates › Section 12-7-7 - Certificate of nomination for President or Vice President of the United States--Requirements.

12-7-7. Certificate of nomination for President or Vice President of the United States--Requirements.
Any candidate for President or Vice President of the United States who is not nominated by a primary election may be nominated by filing with the secretary of state, after December thirty-first and by the first Tuesday in August at 5:00 p.m. central time before the election, a certificate of nomination which shall be executed as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by the first Tuesday in August at 5:00 p.m. central time before the election, it is timely submitted. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the state. An independent candidate for President shall file a declaration of candidacy and a certification of the candidate's selection for Vice President with the secretary of state with the candidate's nominating petitions. The candidate and the candidate's selection for Vice President shall sign the certification before the nominating petitions are submitted. If an independent candidate for Vice President withdraws pursuant to §12-6-55, no independent candidate for President shall have the candidate's name printed upon a ballot unless a replacement selection for Vice President is certified to the secretary of state by the second Tuesday in August. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate of nomination and the certification for Vice President.
Source:
SL 2001, ch 68, §2; SL 2007, ch 75, §2; SL 2007, ch 76, §2; SL 2015, ch 77, §19 rejected Nov. 8, 2016; SL 2017, ch 69, §9.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 08 - Certification Of Nominations › Section 12-8-1 - Certification by county board of nominees at primary--Certificate of election of party officials.

12-8-1. Certification by county board of nominees at primary--Certificate of election of party officials.
The county canvassing board, as soon as the returns of any primary election are canvassed, as provided in chapter 12-20, shall issue and mail to each person whom the returns show nominated for any county office, a certificate of nomination. The county canvassing board shall certify the names of such nominees to be printed on the official ballot at the succeeding November election. The board shall issue and mail a certificate of election to each person whom the returns show elected as party precinct committeeman or committeewoman, delegate or alternate to the state convention. The certificate shall be duly executed by said county canvassing board under the seal of the county. The county canvassing board shall similarly certify the election of the delegates and alternates to the state convention to the state political parties.
Source:
SL 1907, ch 139, §64; SL 1911, ch 201, §103; SL 1917, ch 234, §96; RC 1919, §7160 (b); SL 1929, ch 118, §42; SDC 1939, §16.0236; SL 1963, ch 107, §5; SL 1979, ch 98, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 08 - Certification Of Nominations › Section 12-8-2 - Certification by state board of nominees at primary--Certificate of election of party officials.

12-8-2. Certification by state board of nominees at primary--Certificate of election of party officials.
The State Canvassing Board, as soon as the returns of any primary election are canvassed as provided in §12-20-38, shall issue and mail to each person whom the returns show nominated for any congressional, state, judicial, or legislative office, or nominated pursuant to §12-6-9 or chapter 12-9, a formal certificate of nomination and shall certify the names of such nominees to be printed upon the official ballot at the succeeding November election under their respective political party designations; and to each person whom the returns show elected to a party position, a formal certificate of election; said certificates to be duly executed by said canvassing board under the great seal of the state.
Source:
SL 1907, ch 139, §62; SL 1911, ch 201, §102; SL 1917, ch 234, §96; RC 1919, §7160 (a); SL 1925, ch 161, §1; SL 1929, ch 118, §41; SDC 1939, §§16.0236, 16.0306; SDCL, §12-9-9; SL 1968, ch 143, §5; SL 1973, ch 76, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 08 - Certification Of Nominations › Section 12-8-6 - Time of filing certificates of nomination.

12-8-6.Time of filing certificates of nomination.
Nominations by party committee to fill vacancies occurring in nominations made in primary elections and certificates of nomination to be filed with the secretary of state and those to be filed with the county auditor shall be filed not later than the second Tuesday in August at five p. m. or mailed by registered mail by that date and time prior to the election.
Source:
SL 1897, ch 60, §8; RPolC 1903, §1905; SL 1918 (SS), ch 44, §1; RC 1919, §7202; SL 1929, ch 117, §1; SL 1935, ch 109, §1; SL 1937, ch 124, §1; SDC 1939, §16.0502; SDCL §12-8-3; SL 1971, ch 87, §§1, 2; SL 1973, ch 76, §2; SL 1977, ch 108, §3; SL 1978, ch 100, §1; SL 1979, ch 97, §2; SL 2015, ch 77, §23 rejected Nov. 8, 2016.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 08 - Certification Of Nominations › Section 12-8-8 - Certification to county auditors of persons nominated for office--Delayed certification of presidential and vice presidential candidates.

12-8-8. Certification to county auditors of persons nominated for office--Delayed certification of presidential and vice presidential candidates.
The secretary of state, not later than the third Tuesday in August at five p.m. before the general election, shall certify to the county auditor of each county within which any voters of this state vote for the officer or officers nominated at the preceding primary, whose certificates of nomination have been filed in the Office of the Secretary of State, or who have been regularly named or petitioned for filling of a vacancy, the name and description of each person so nominated. In years when a President and vice president are nominated and the national party conventions are held at such a late date as to make the foregoing provisions impossible, then, the secretary of state shall make the certification not later than seven days after nominations of such President and vice president.
Source:
SL 1897, ch 60, §9; RPolC 1903, §1906; SL 1918 (SS), ch 44, §2; RC 1919, §7207; SDC 1939, §16.0246; SL 1955, ch 55, §1; SL 1971, ch 87, §3; SL 1977, ch 108, §4; SL 1978, ch 100, §2; SL 1979, ch 97, §3; SL 2007, ch 81, §11.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-1 - Judicial officers nominated and elected in nonpolitical elections.

12-9-1. Judicial officers nominated and elected in nonpolitical elections.
All candidates for the office of judge of the circuit court, and such other judicial officers as may be required by law to be elected, shall be nominated and voted for at the primary and general elections in the manner provided by this chapter and not otherwise.
Source:
SL 1921, ch 224, §1; SDC 1939, §16.0301; SL 1974, ch 118, §36; SL 1981, ch 164, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-3.1 - Individual judicial positions designated by secretary of state.

12-9-3.1. Individual judicial positions designated by secretary of state.
The secretary of state shall designate each individual judicial position to be filled by election. The position that is assigned to an individual judge is assigned also to the judge's successor in office. A candidate for circuit court shall indicate the specific position for which the candidate is running.
Source:
SL 1976, ch 107, §1; SL 1995, ch 82.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-4 - Filing of nominating petitions--Number of signatures--Form and contents.

12-9-4. Filing of nominating petitions--Number of signatures--Form and contents.
Nominating petitions for judicial office filed pursuant to this chapter shall state the judicial position sought, using the designations established pursuant to §12-9-3.1, which shall be filed in the Office of the Secretary of State within the time prescribed by §12-6-4 and shall be signed by not less than fifty registered voters of the district or circuit or other division of court boundaries. To the extent it is consistent with this chapter, §12-6-8 shall govern such petitions.
Source:
SL 1921, ch 224, §2; SDC 1939, §16.0302; SL 1943, ch 72; SL 1959, ch 92; SL 1961, ch 96, §1; SL 1968, ch 143, §3; SL 1972, ch 83, §1; SL 1974, ch 118, §38; SL 1976, ch 105, §21; SL 1976, ch 107, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-6 - Party references prohibited in petitions filed.

12-9-6. Party references prohibited in petitions filed.
In any petition filed by or on behalf of any candidate for nomination to judicial office at any primary election or any attachment thereto no reference shall be made to any party ballot or to the party affiliation of such candidate.
Source:
SL 1921, ch 224, §3; SDC 1939, §16.0303; SL 1974, ch 118, §39.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-8 - Primary not required if no more than two candidates for each position.

12-9-8. Primary not required if no more than two candidates for each position.
When nominating petitions are filed on behalf of candidates not to exceed twice the number of persons for the number of judicial positions to be filled, the names of such persons need not be placed upon the primary ballot but such persons shall be the nominees for such positions.
Source:
SL 1921, ch 224, §4; SL 1925, ch 162, §1; SDC 1939, §16.0304; SL 1974, ch 118, §40; SL 1976, ch 107, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-10 - Order of listing candidates on ballot--Arrangement by lot--Right to be present.

12-9-10. Order of listing candidates on ballot--Arrangement by lot--Right to be present.
The order of names of judicial candidates certified by the secretary of state to each of the county auditors shall be arranged by lot. Any candidate shall have the right to be present or represented when the arrangement is being determined.
Source:
SL 1925, ch 161, §§1, 2; SDC 1939, §§16.0306, 16.0307; SDCL, §12-9-9; SL 1968, ch 143, §5; SL 1974, ch 118, §41; SL 1976, ch 105, §22.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-12 - Preparation of judicial primary ballots--Order of listing candidates.

12-9-12. Preparation of judicial primary ballots--Order of listing candidates.
At all primary elections at which candidates for judicial office are to be nominated and a primary is required there shall be prepared and furnished by the several county auditors, separate ballots upon which shall be placed the names of the candidates for such offices, which ballots shall be entitled "nonpolitical judiciary ballot" and shall contain no other designation. The names of all candidates shall be placed thereon without any party designation in the order designated by the secretary of state.
Source:
SL 1921, ch 224, §5; SL 1925, ch 162, §2; SDC 1939, §16.0305; SL 1974, ch 118, §42.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-13 - Form of judicial ballot prescribed by board.

12-9-13. Form of judicial ballot prescribed by board.
The form of the nonpolitical judiciary ballot shall be prescribed by the State Board of Elections.
Source:
SL 1921, ch 224, §5; SL 1925, ch 162, §2; SDC 1939, §16.0305; SL 1974, ch 118, §43; repealed SL 1976, ch 107, §4; re-enacted SL 1976, ch 105, §23.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-14 - Nomination by highest vote--Number of nominees.

12-9-14. Nomination by highest vote--Number of nominees.
The nominees shall be those persons constituting twice the number of persons to be elected receiving the highest number of votes in the primary election.
Source:
SL 1921, ch 224, §5; SL 1925, ch 162, §2; SDC 1939, §16.0305; SL 1968, ch 143, §4; SL 1974, ch 118, §44.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-15 - Petitions to fill vacancies after primary.

12-9-15. Petitions to fill vacancies after primary.
Whenever after nominations have been made under the provisions of this chapter and the number of nominees for a judicial office shall be reduced through death, withdrawal, or disqualification of a nominee or nominees for such office, the registered voters of the district or circuit as the case may be, may, if there is sufficient time for filing a nominating petition pursuant to §12-8-6, nominate one or more candidates for such judicial office by a petition otherwise complying with §12-9-4.
Source:
SL 1921, ch 224, §6; SL 1925, ch 162, §3; SDC 1939, §16.0308; SL 1968, ch 143, §7; SL 1974, ch 118, §45.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 09 - Judicial Nominations And Elections › Section 12-9-21 - Certain personally identifiable information of judicial officers excluded from public record.

12-9-21. Certain personally identifiable information of judicial officers excluded from public record.
Any personally identifiable information filed pursuant to this chapter with the Office of the Secretary of State by or on behalf of any candidate for the office of judge of the circuit court or a justice of the Supreme Court 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 of the candidate for the office of judge or justice subject to a retention election is a public record.
Source:
SL 2022, ch 11, §5, eff. Feb. 14, 2022.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-1 - Special election to fill congressional vacancy--Time of election of representative.

12-11-1. Special election to fill congressional vacancy--Time of election of representative.
If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy. If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than eighty nor more than ninety days after the vacancy occurs.
Source:
SL 1890, ch 84, §19; RPolC 1903, §1956; SL 1915, ch 182, §2; RC 1919, §§7214, 7308; SL 1929, ch 117, §5; SDC 1939, §§16.0602, 16.1401; SDCL, §12-11-2; SL 1974, ch 118, §46; SL 1979, ch 99, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-1.1 - Special election to fill congressional vacancy due to extraordinary circumstances.

12-11-1.1. Special election to fill congressional vacancy due to extraordinary circumstances.
If a vacancy occurs in the office of representative in the United States Congress due to extraordinary circumstances as defined in 2 USC Chapter 1 §8 as of January 1, 2008, the Governor shall immediately issue a proclamation calling and setting the date for a special election to fill the vacancy. The proclamation shall contain the deadline for nomination.
Source:
SL 2008, ch 65, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-2 - Filing of election proclamation--Notice to county auditors and political parties--Nominations.

12-11-2. Filing of election proclamation--Notice to county auditors and political parties--Nominations.
The proclamation issued pursuant to §12-11-1 or 12-11-1.1 shall be filed with the secretary of state who shall, if a special election is called for, notify each county auditor and the chair of each political party recognized pursuant to chapter 12-5 of the date and purpose of the special election. The State Central Committee of each recognized political party may nominate a person to fill the vacancy and any independent candidate filing nominating petitions meeting the requirements of §12-7-1 may also have his or her name placed on the ballot.
Source:
SL 1890, ch 84, §19; RPolC 1903, §1956; RC 1919, §7308; SL 1929, ch 117, §5; SDC 1939, §16.1401; SL 1974, ch 118, §47; SL 2008, ch 65, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-2.1 - Absentee ballots cast by uniformed services or overseas voters in special election to fill congressional vacancy.

12-11-2.1. Absentee ballots cast by uniformed services or overseas voters in special election to fill congressional vacancy.
If the date of the special election conducted pursuant to §12-11-1.1 requires that absentee ballots cast by absent uniformed services voters or overseas voters arriving after election day be counted as required by 2 USC Chapter 1 §8 as of January 1, 2008, these absentee ballots shall be processed and counted by the provisional ballot counting board. The provisional ballot counting board shall meet on the deadline established in 2 USC Chapter 1 §8 as of January 1, 2008, for the return of these absentee ballots. The official county canvass shall be conducted within twenty-four hours after the conclusion of the absentee and provisional ballot count. The official state canvass shall be held within three days after the conclusion of the county canvass.
Source:
SL 2008, ch 65, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-3 - Filing of nominations--Certification--Conduct of elections.

12-11-3. Filing of nominations--Certification--Conduct of elections.
Each party nomination and independent petition shall be filed with the secretary of state not less than forty-five days preceding any election which is not combined with a primary or general election. If the election is conducted with a primary election, each party nomination and independent petition shall be filed by the last Tuesday in March. Each nomination shall be certified in a like manner as any other nomination for the purpose of a general election. The election shall be conducted, canvassed, and the results certified as in a general election. If the election is conducted with a general election, each party nomination and independent petition shall be filed by the second Tuesday in August.
Source:
SL 1890, ch 84, §23; RPolC 1903, §1959; RC 1919, §7311; SDC 1939, §16.1404; SL 1974, ch 118, §48; SL 1979, ch 99, §7; SL 2004, ch 107, §1, eff. Feb. 25, 2004; SL 2007, ch 81, §12; SL 2015, ch 77, §3 rejected Nov. 8, 2016.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-4 - Temporary appointment by Governor to fill vacancy in United States Senate.

12-11-4. Temporary appointment by Governor to fill vacancy in United States Senate.
Pursuant to the Seventeenth Amendment to the Constitution of the United States of America, the Governor may fill by temporary appointment, until a special election is held pursuant to this chapter, vacancies in the office of senator in the Senate of the United States.
Source:
SL 1979, ch 99, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-5 - Special election to fill senate vacancy.

12-11-5. Special election to fill senate vacancy.
The special election to fill the vacancy of a senator shall be held at the same time as the next general election. The general election laws shall apply unless inconsistent with this chapter.
Source:
SL 1979, ch 99, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-6 - No special election if appointed senator's term expires at normal time.

12-11-6. No special election if appointed senator's term expires at normal time.
No special election, to fill a vacancy, may be held if the term of office of the appointed senator expires in the month of January immediately following the next general election that would occur after the vacancy.
Source:
SL 1979, ch 99, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-7 - Vacancy within ninety days of general election--Concurrent elections.

12-11-7. Vacancy within ninety days of general election--Concurrent elections.
If a vacancy occurs within ninety days of the next general election, the special election to fill the vacancy shall be held concurrently with the general election to be held two years later.
Source:
SL 1979, ch 99, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 11 - Special Congressional Elections › Section 12-11-8 - Nominations for specially elected senator--Vacancy near primary election.

12-11-8. Nominations for specially elected senator--Vacancy near primary election.
Nominations of candidates for the special election for senator shall be conducted pursuant to chapter 12-6. If a vacancy occurs within ninety days of the date of the primary election, or between the primary election and at least ninety days prior to the general election, the provisions of §§12-11-2 and 12-11-3 shall apply.
Source:
SL 1979, ch 99, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 12 - Notice Of Elections › Section 12-12-1 - Notice of offices to be filled--Publication.

12-12-1. Notice of offices to be filled--Publication.
The county auditor charged with the conduct of a primary election shall give notice of any office to be filled by nomination or by declaration and the deadline for filing in all official newspapers in the appropriate district, at least once each week for two consecutive weeks, between the fifteenth and thirtieth day of January in an even-numbered year. A local election official charged with the conduct of a local election shall give notice of any office to be filled by nomination or by declaration and the deadline for filing a nominating petition, in all official newspapers in the locality, at least once each week for two consecutive weeks. The last publication in the notice may not be less than ten nor more than fifteen days before the deadline for filing. The provisions of this section apply unless otherwise provided by law specifically governing the election.
The person in charge of the election shall give further notice of each election stating the date and time of the election, and designating each polling place for the election, in all official newspapers at least once each week for two consecutive weeks, the last publication to be not less than four nor more than ten days before the election. For any runoff election under §12-6-51.1, one notice shall be published along with a copy of the ballot in each newspaper in the state that publishes on Saturday and Sunday. The secretary of state shall direct the newspapers to publish the ballot and notice on the eleventh or twelfth day after the primary election. The secretary of state shall pay all costs of publication.
Source:
SDC 1939, §§16.0213, 16.0901; SL 1955, ch 54, §§2, 4; SL 1963, ch 107, §2; SDCL §12-6-10; SL 1968, ch 75; SL 1971, ch 85; SL 1972, ch 81, §§3, 4; SL 1973, ch 77, §1; SL 1979, ch 100, §1; SL 1982, ch 28, §43; SL 1985, ch 110, §1D; SL 1995, ch 83; SL 1997, ch 79, §1; SL 2019, ch 73, §2; SL 2020, ch 44, § 1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 12 - Notice Of Elections › Section 12-12-5 - Notice of vacancy for an unexpired term--Publication.

12-12-5. Notice of vacancy for an unexpired term--Publication.
If a vacancy for an unexpired term is to be filled by an election pursuant to §3-4-6 and the vacancy occurs after the first notice of filing deadline is published pursuant to §12-12-1, the county auditor shall give notice of the vacancy to be filled in each official newspaper at least once each week for two consecutive weeks. The first notice of vacancy shall be published in the week following the occurrence of the vacancy. The notice of vacancy shall include the deadline for filing partisan nominating petitions, if not yet passed, and the deadline for filing independent nominating petitions.
Source:
SL 2009, ch 69, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 12 - Notice Of Elections › Section 12-12-6 - Official list of candidates--Maintenance--Updates--Information required--Availability.

12-12-6. Official list of candidates--Maintenance--Updates--Information required--Availability.
The secretary of state shall maintain a list of candidates approved to appear on the ballot in a statewide primary, general, or special election. The list must be updated as new candidates are approved, withdrawn, or otherwise removed from the ballot. The list must provide the candidate's name, address, county, and, if applicable to the office sought, the candidate's legislative district and political party. The list of candidates must be open to public inspection and available on the official website of the secretary of state.
Source: SL 2023, ch 47, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-1 - Delivery of proposed questions to county auditors--Attorney general's explanation.

12-13-1. Delivery of proposed questions to county auditors--Attorney general's explanation.
The secretary of state, at least twelve weeks prior to the general election, shall deliver to each county auditor a certified copy of each initiated measure, referred law, or proposed amendment to the Constitution to be voted on at the election, together with a statement, title, explanation, and recitation as written pursuant to §12-13-9 or 12-13-25.1 to be published preceding the text of the initiated measure, referred law, or proposed amendment. The attorney general shall prepare each statement, title, explanation, and recitation.
Source:
SL 1913, ch 107, §11; RC 1919, §7225; SDC 1939, §16.1305 as added by SL 1963, ch 114; SL 1974, ch 118, §51; SL 1979, ch 101; SL 1994, ch 108, §1; SL 2018, ch 77, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-1.1 - Requirements for elections beginning in 2018.

12-13-1.1. Requirements for elections beginning in 2018.
The provisions of §§12-13-1, 12-13-9, 12-13-23, and 12-13-25.1 apply to any recitation prepared for an initiated amendment to the Constitution, initiated measure, and referred law certified to appear on a ballot beginning with any election in 2018.
Source:
SL 2018, ch 77, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-2 - Measures and questions to be sent to official newspapers.

12-13-2. Measures and questions to be sent to official newspapers.
The county auditor shall, on or before the first day of October of each year in which there is a general election, send by electronic transmission or mail to each official newspaper of the county a copy of all measures and questions as certified pursuant to §12-13-1.
Source:
SL 1913, ch 107, §4; RC 1919, §7219; SDC 1939, §16.1305; SL 1957, ch 86; SL 1963, ch 114; SL 1974, ch 118, §52; SL 1979, ch 100, §2; SL 1982, ch 28, §44; SL 2012, ch 18, §8.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-3 - Newspaper publication of submitted questions--Compensation--Suspension of status on failure to publish--Election valid despite refusal to publish.

12-13-3. Newspaper publication of submitted questions--Compensation--Suspension of status on failure to publish--Election valid despite refusal to publish.
It shall be the duty of each official newspaper of the county to publish once not less than two nor more than four weeks prior to each general election full copies of that material supplied pursuant to §12-13-2, and for such publication such newspaper shall receive compensation at the legal rate prescribed by law to be paid out of the general fund.
In case any official newspaper shall fail or refuse to make such publication as hereinbefore provided, such newspaper shall thereupon cease to be an official newspaper for the remainder of that year and for the following calendar year, and the board of county commissioners of such county shall appoint some other newspaper of such county as an official newspaper. The refusal of an official newspaper or newspapers to publish shall not invalidate the results of an election on such question.
Source:
SL 1913, ch 107, §5; RC 1919, §7220; SDC 1939, §16.1305; SL 1957, ch 86; SL 1963, ch 114; SL 1972, ch 84, §1; SL 1974, ch 118, §53.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-4 - Lettering and numbering of submitted questions.

12-13-4. Lettering and numbering of submitted questions.
Beginning with the 2004 general election and each election thereafter, each constitutional amendment shall be consecutively designated by a letter until each letter of the alphabet has been used for purpose of preparing the official ballots and notices. If all the letters have been used, the next constitutional amendment shall be designated at the beginning of the alphabet. Beginning with the 2004 general election and each election thereafter, each initiated measure or referred law shall be consecutively designated by a number for the purpose of preparing the official ballots and notices.
Source:
SDC 1939, §16.1301; SL 1964, ch 61; SL 2003, ch 81, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-9 - Attorney general's statement regarding constitutional amendment proposed by legislature or referred law.

12-13-9. Attorney general's statement regarding constitutional amendment proposed by legislature or referred law.
Before the third Tuesday in May, the attorney general shall deliver to the secretary of state an attorney general's statement for each amendment to the Constitution proposed by the Legislature, and any referred law from an odd year. The attorney general's statement for each referred law from an even year shall be delivered to the secretary of state before the second Tuesday in July. The attorney general's statement shall be written by the attorney general and shall consist of a title, an explanation, and a recitation as provided in this section. The title shall be a concise statement of the subject of the proposed amendment to the Constitution or referred law. The explanation shall be an objective, clear, and simple summary to educate the voters of the purpose and effect of the proposed amendment to the Constitution or referred law. The recitation for each proposed amendment to the Constitution shall state "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for each referred law shall state "Vote 'Yes' to allow the Act of the Legislature to become law" and "Vote 'No' to reject the Act of the Legislature". The attorney general shall include a description of the legal consequences of the proposed amendment to the Constitution or referred law, including the likely exposure of the state to liability if the proposed amendment to the Constitution or referred law is adopted. The explanation may not exceed two hundred words in length. On the printed ballots, the title shall be followed by the explanation and the explanation shall be followed, if applicable, by any cost estimate prepared pursuant to §2-9-34 or fiscal note prepared pursuant to §2-9-32 and then followed by the recitation.
Source:
SL 1915, ch 181, §1; RC 1919, §7216; SL 1921, ch 219; SDC 1939, §16.1302; SL 1959, ch 99, §15; SDC Supp 1960, §16.2215; SDCL §§12-13-10, 12-13-12; SL 1971, ch 90, §§1, 2; SL 1974, ch 118, §58; SL 1976, ch 105, §30; SL 1979, ch 97, §4; SL 1994, ch 108, §8; SL 2006, ch 67, §3; SL 2007, ch 14, §2; SL 2007, ch 77, §1; SL 2009, ch 64, §10, eff. July 1, 2010; SL 2013, ch 101, §74; SL 2017, ch 16, §5; SL 2018, ch 77, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-9.1 - Availability of attorney general's explanation of proposed questions.

12-13-9.1. Availability of attorney general's explanation of proposed questions.
The secretary of state shall, immediately upon delivery from the attorney general, make the attorney general's statement for each proposed amendment to the Constitution, each initiated measure, and each referred law available to any person upon request.
Source:
SL 2006, ch 67, §6; SL 2007, ch 77, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-9.2 - Action to challenge adequacy of attorney general's statement--Appeal--Time limits.

12-13-9.2. Action to challenge adequacy of attorney general's statement--Appeal--Time limits.
If the proponents or opponents of a proposed amendment to the Constitution, initiated measure, or referred measure believe that the attorney general's statement does not satisfy the requirements of §12-13-9 or §12-13-25.1, they shall, within seven days of delivery of the statement to the secretary of state, file an action in circuit court challenging the adequacy of the statement. The action takes precedence over other cases in circuit court and a final order shall be filed within fifteen days of the commencement of the action. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal within five days of the date of the circuit court order.
Source:
SL 2007, ch 77, §3; SL 2009, ch 64, §4, eff. July 1, 2010.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-11 - Materials printed on ballot in lieu of full text--Separate ballot.

12-13-11. Materials printed on ballot in lieu of full text--Separate ballot.
The title, explanation, recitation, place for voting, and statement as required by this chapter shall be printed on the ballot in lieu of the law, measure, constitutional amendment, or other question to be submitted to a vote of the people. All proposed constitutional amendments to be submitted at an election shall be placed on one ballot and all initiated measures or referred laws upon a separate ballot.
Source:
SL 1897, ch 60, §27; SL 1899, ch 80, §1; SL 1899, ch 93, §4; RPolC 1903, §§24, 1911; SL 1911, ch 87, §2; SL 1913, ch 107, §2; SL 1915, ch 181, §§1, 2; RC 1919, §§7216, 7217; SL 1921, ch 219; SDC 1939, §§16.1302, 16.1303; SDCL, §12-13-17; SL 1974, ch 118, §59; SL 1994, ch 108, §9.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-16 - Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor.

12-13-16. Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor.
Any person knowingly printing, publishing, or delivering to any voter of this state a document containing any purported constitutional amendment, question, law, or measure to be submitted to the voters at any election, in which such constitutional amendment, question, law, or measure is misstated, erroneously printed, or by which false or misleading information is given to the voters, is guilty of a Class 2 misdemeanor.
Source:
SL 1913, ch 107, §9; RC 1919, §7224; SDC 1939, §16.9923; SL 1982, ch 86, §83.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-23 - Distribution of public information.

12-13-23. Distribution of public information.
The secretary of state shall distribute public information on any amendment to the Constitution, initiated measure, or referred law submitted to the electors for approval. The secretary of state shall compile the public information by printing a statement in support of the amendment to the Constitution, initiated measure, or referred law written by its proponents, if any can be identified, and a statement against the amendment to the Constitution, initiated measure, or referred law written by its opponents, if any can be identified. No statement written by a proponent or an opponent may exceed three hundred words in length. The secretary of state is not responsible for the contents, objectivity, or accuracy of the statements written by the proponents and opponents. The pamphlet shall also include the attorney general's title, explanation, and a recitation of the effect of a "Yes" or "No" vote as written pursuant to §12-13-9 or 12-13-25.1; number of pages and sections in the proposed or referred language; and, if applicable, a fiscal note.
Source:
SL 1992, ch 111, §1; SL 2006, ch 67, §5; SL 2017, ch 2, §11; SL 2018, ch 77, §3; SL 2018, ch 80, §6; SL 2020, ch 45, § 1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-24 - Style, form, and wording of initiative or initiated amendment.

12-13-24. Style, form, and wording of initiative or initiated amendment.
Each initiative or initiated amendment to the Constitution shall be written in a clear and coherent manner in the style and form of other legislation. Each initiative or initiated amendment to the Constitution shall be worded so that the effect of the measure is not misleading or likely to cause confusion among voters.
Source:
SL 1994, ch 109, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-25 - Review and comment--Legislative Research Council--Opinion.

12-13-25. Review and comment--Legislative Research Council--Opinion.
The sponsors of each initiated measure or initiated amendment to the Constitution shall submit a copy of each version of the initiated measure or initiated amendment to the Constitution to the director of the Legislative Research Council for review and comment not more than six months before it may be circulated for signatures under §2-1-1.1 or 2-1-1.2. The director shall review each version of the submitted initiated measure or initiated amendment to the Constitution to determine if the requirements of §12-13-24 are satisfied and if the initiated measure or initiated amendment to the Constitution may have any impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions. Unless as otherwise provided under §12-13-25.2, not more than fifteen workdays following receipt of an initiated measure or initiated amendment to the Constitution, the director shall provide written comments on the initiated measure or initiated amendment to the Constitution to the sponsors of the initiated measure or initiated amendment, the attorney general, and the secretary of state for the purpose of assisting the sponsors in complying with §12-13-24. The director's written comments under this section shall include assistance regarding the substantive content of the initiated measure or initiated amendment in order to minimize any conflict with existing law and to ensure the measure's or amendment's effective administration. If the sponsors submit an initiated amendment to the Constitution, the director shall provide, with the written comments, a written opinion to the sponsors, the attorney general, and the secretary of state as to whether the initiated amendment embraces only one subject under S.D. Const., Art. XXIII, § 1 and whether it is an amendment under S.D. Const., Art. XXIII, § 1 or a revision under S.D. Const., Art. XXIII, § 2. The sponsors may, but are not required to, amend the initiated measure or initiated amendment to the Constitution to comply with the director's comments.
Source:
SL 1994, ch 109, §2; SL 2007, ch 14, §3; SL 2009, ch 64, §1, eff. July 1, 2010; SL 2017, ch 16, §4; SL 2018, ch 78, §1; SL 2018, ch 79, §1; SL 2020, ch 46, § 1; SL 2021, ch 64, § 1, eff. Mar. 18, 2021.