reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 04 - Registration Of Voters › Section 12-4-54 - Annual report--Secretary of state--Individuals removed from county voter registration list--Open record--Promulgation of rules.

12-4-54. Annual report--Secretary of state--Individuals removed from county voter registration list--Open record--Promulgation of rules.
By March first of each year, the secretary of state shall submit a report to the State Board of Elections providing the number of voters removed from the county's voter registration list from the previous year due to inactivity, death, felony conviction, mental incompetence, or relocation to another jurisdiction.
The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, designating the form and content of the report. The content of each report must be made available for public inspection on the official website of the secretary of state.
Source: SL 2023, ch 44, §15.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 04 - Registration Of Voters › Section 12-4-55 - Voter registration numbers to be published--Promulgation of rules.

12-4-55. Voter registration numbers to be published--Promulgation of rules.
On the first business day of each month and on the date of a primary, general, runoff, or special election in the state, the secretary of state shall publish the following information on the official website of the secretary of state:
(1)The total number of registered voters in each county of the state;
(2)The total number of registered voters in each legislative district in the state;
(3)The total number of voters registered as a member of a political party in each county of the state;
(4)The total number of voters registered as a member of a political party in each legislative district in the state;
(5)The total number of inactive voters in each county in the state; and
(6)The total number of inactive voters in each legislative district of this state.
The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, designating the form for online publication of the information listed in this section.
Source: SL 2023, ch 44, §16.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 04 - Registration Of Voters › Section 12-4-56 - Voluntary removal of the name of a registered voter--Promulgation of rules.

12-4-56. Voluntary removal of the name of a registered voter--Promulgation of rules.
A person registered to vote, pursuant to this chapter, may request that the auditor of the county in which the voter resides remove the person's name from the master registration list. If a person makes a request pursuant to this section less than fourteen days prior to an election, the removal of the individual's name is effective on the day after the election. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the form to be used by a person requesting the removal of the person's name from the master registration list.
Source: SL 2023, ch 44, §17.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 04 - Registration Of Voters › Section 12-4-57 - Information to county auditor by clerk of court--Auditor to remove names.

12-4-57. Information to county auditor by clerk of court--Auditor to remove names.
Within fifteen days after the close of each month, each clerk of court shall forward to the county auditor of the clerk's county information on any individual called for jury duty who is excused from jury duty because the individual has moved, has been convicted of a felony, has been declared mentally incompetent, is deceased, or is not a citizen of the United States. Upon receipt of the information, the county auditor shall investigate to determine if the reported individual is listed in the county's master registration file and whether the individual is eligible to be registered as a voter.
The county auditor shall remove from the master registration list:
(1)The names of persons identified as mentally incompetent in accordance with the information provided pursuant to this section or §12-4-18;
(2)The names of those sentenced to imprisonment in the federal penitentiary system;
(3)The names of deceased voters published in an obituary, reported by a county coroner, or recorded in the death records maintained as vital statistics records by the Department of Health; and
(4)The names of those who are not citizens of the United States.
Source: SL 2023, ch 44, §18.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-1 - Organization and dissolution of political party.

12-5-1.Organization and dissolution of political party.
A new political party may be organized and participate in the primary election by filing with the secretary of state not later than the last Tuesday of March at five p. m. prior to the date of the primary election, a written declaration signed by at least one percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election, which declaration shall contain:
(1)The name of the proposed party; and
(2)A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the rights of a political party whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the definition of political party as defined in §12-1-3.
The national and state chairperson of a recognized political party may request in writing, subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take acknowledgments, to no longer be recognized as a political party. The political party shall also comply with the requirements for dissolution pursuant to chapter 12-27.
Source:
SDC 1939, §16.0201; SL 1974, ch 118, §28; SL 1976, ch 105, §12; SL 1984, ch 107, §1; SL 1986, ch 115, §2; SL 1997, ch 75, §2; SL 2007, ch 74, §1; SL 2007, ch 81, §5; SL 2013, ch 63, §2; SL 2015, ch 77, §12 rejected Nov. 8, 2016; SL 2018, ch 74, §7, eff. Mar. 23, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-1.1 - Party constitution or bylaws required--Filing with secretary of state.

12-5-1.1. Party constitution or bylaws required--Filing with secretary of state.
A political party shall adopt a Constitution or a set of bylaws to govern its organization and the conduct of its affairs and exercise thereunder any power not inconsistent with laws of this state. The party central committee shall certify to and file with the secretary of state a copy of the document and amendments thereof within thirty days of their approval.
Source:
SL 1974, ch 118, §27.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-1.3 - Notice to county auditors of party rules affecting elections.

12-5-1.3. Notice to county auditors of party rules affecting elections.
It shall be the duty of the secretary of state to promptly notify the county auditor of each county of the effect of any provision of a party Constitution or bylaw which affects an election to be conducted.
Source:
SL 1974, ch 118, §27.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-1.4 - Nominating petitions of new party primary candidates.

12-5-1.4. Nominating petitions of new party primary candidates.
If a political party qualifies for the primary ballot under §12-5-1, each candidate intending to participate in a primary election shall file a nominating petition pursuant to §12-6-4. In each primary election following the qualification of a political party and prior to the next gubernatorial election, each:
(1)State and federal candidate for that party shall file a petition bearing signatures of at least two hundred fifty registered voters in that party; and
(2)Legislative and county candidate for that party shall file a petition bearing signatures of at least five registered voters in that party.
Source:
SL 1984, ch 107, §1A; SL 1993, ch 109, §2; SL 2007, ch 74, §3; SL 2015, ch 77, §24 rejected Nov. 8, 2016.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-1.5 - Organization and dissolution of political party without candidate for United States Senate, United States House of Representatives, Governor, or Legislature.

12-5-1.5.Organization and dissolution of political party without candidate for United States Senate, United States House of Representatives, Governor, or Legislature.
If a new political party organizing does not have a candidate for United States Senate, United States House of Representatives, Governor, or Legislature, who is nominated at a primary election, the new political party may be organized by filing with the secretary of state not later than July first at five p. m. central time, a written declaration signed by at least one percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election. The declaration shall contain:
(1)The name of the proposed party; and
(2)A brief statement of the principles of the proposed party.
The new political party shall, under the party name chosen, have all the rights of a political party whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the definition of political party as defined in §12-1-3.
The national and state chairperson of a recognized political party may request in writing, subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take acknowledgments, to no longer be recognized as a political party. The political party shall also comply with the requirements for dissolution pursuant to chapter 12-27.
Source:
SL 2017, ch 69, §10; SL 2018, ch 74, §8, eff. Mar. 23, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-1.6 - Reward prohibited--Violation as misdemeanor.

12-5-1.6. Reward prohibited--Violation as misdemeanor.
No person may employ, reward, or compensate any person to circulate a petition for the organization of a political party based on the number of registered voters who signed the petition. Nothing in this section prohibits any person from employing a petition circulator based on one of the following practices:
(1)Paying an hourly wage or salary;
(2)Establishing either express or implied minimum signature requirements for the petition circulator;
(3)Terminating the petition circulator's employment, if the petition circulator fails to meet certain productivity requirements; and
(4)Paying discretionary bonuses based on reliability, longevity, and productivity.
Any violation of this section is a Class 2 misdemeanor.
Source:
SL 2017, ch 12, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-2 - Precinct officials elected at primary.

12-5-2. Precinct officials elected at primary.
Each political party may elect precinct committeemen and precinct committeewomen at each primary election. If a party chooses to elect precinct committeemen and committeewomen at the primary election pursuant to §§12-5-4 to 12-5-13, inclusive, the party shall provide for such election in the party's constitution or bylaws.
Source:
SDC 1939, §16.0209; SL 1941, ch 76; SL 1963, ch 107, §1; SL 1974, ch 118, §29; SL 1975, ch 119, §21; SL 1982, ch 28, §42; SL 1986, ch 115, §3; SL 1997, ch 75, §3; SL 2007, ch 74, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-3.6 - Selection of method of allocating national convention vote.

12-5-3.6. Selection of method of allocating national convention vote.
A state political party, in its Constitution or bylaws, shall determine the method of allocating delegates and alternates to its next national convention.
Source:
SL 1973, ch 73, §2; SL 1974, ch 120, §1; SDCL §12-5-3.3; SL 1977, ch 107, §1; SL 2007, ch 74, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-3.8 - Certification of candidates or slates for primary--Placement on ballot--Selection process without primary.

12-5-3.8. Certification of candidates or slates for primary--Placement on ballot--Selection process without primary.
If a political party chooses to have a primary for selection of its delegates and alternates to the national convention, the party shall certify the candidate names or the delegate and alternate slates which are to be listed on the primary ballot to the secretary of state by the last Tuesday in March preceding the primary by five p.m. central time. Only candidates or slates certified may be placed on the ballot by the secretary of state and the position of the candidates or slates on the primary ballot shall be chosen by lot by the secretary of state. The certification shall be deemed to be submitted if mailed by registered mail by five p.m. central time on the last Tuesday in March. If a political party does not choose to have a primary selection of its delegates and alternates to the national convention, the party shall define the selection process of its delegates and alternates in the party bylaws.
Source:
SL 1976, ch 106, §§1, 2; SDCL Supp, §12-5-3.4; SL 1977, ch 107, §3; SL 1980, ch 111; SL 1986, ch 115, §4; SL 1997, ch 75, §4; SL 2007, ch 74, §7; SL 2007, ch 81, §6; SL 2015, ch 77, §9 rejected Nov. 8, 2016; SL 2017, ch 69, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-3.9 - Certification of candidates or slates by state chairperson--Mandamus to compel certification--Hearing.

12-5-3.9. Certification of candidates or slates by state chairperson--Mandamus to compel certification--Hearing.
The state chairperson of the political party shall certify the candidates or slates to the secretary of state. If the state chairperson wrongfully refuses to certify any candidate or slate, the aggrieved candidate or slate of delegates and alternates is entitled to a writ of mandamus against the state chairperson pursuant to chapter 21-29 to compel certification. A hearing upon the writ shall be held within five days of the commencement of the action.
Source:
SL 1976, ch 106, §3; SDCL Supp, §12-5-3.5; SL 1977, ch 107, §4; SL 2007, ch 74, §8.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-3.11 - Primary election of national convention delegates and alternates--Grouping of names on nominating petition--Statement of preference.

12-5-3.11. Primary election of national convention delegates and alternates--Grouping of names on nominating petition--Statement of preference.
If a political party has no prescribed method of selection of slates of delegates and alternates to its national convention, the slates of delegates and alternates to the national convention shall be elected by the primary. Names of candidates for delegates and alternates to the national convention, in number equal to the entire number of the delegates and alternates to be selected, shall be grouped in a slate under the respective designations upon a single nominating petition. The nominating petition shall contain a statement indicating the candidates for delegates collective preference choice for President of the United States, if any, or that the candidates have no preference or are uncommitted. No name of any candidate for delegate or alternate may be filed in more than one slate.
Source:
SL 1977, ch 107, §6; SL 2009, ch 69, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-3.13 - Election of all delegates by slate receiving most votes.

12-5-3.13. Election of all delegates by slate receiving most votes.
In any election conducted under §§12-5-3.11 and 12-5-3.12, the slate that receives the most votes shall elect all of its delegates and alternates on that slate.
Source:
SL 1977, ch 107, §8.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-3.14 - Notice by candidates or supporters of intention to enter presidential primary.

12-5-3.14. Notice by candidates or supporters of intention to enter presidential primary.
Any candidate, committee, or group supporting a candidate in any presidential primary, shall, by the last Tuesday in March prior to the presidential primary election, notify the secretary of state of an intention to have the name of the candidate placed on the presidential primary election ballot or submit a slate of candidates or both.
Source:
SL 1977, ch 107, §11; SL 1987, ch 120; SL 1997, ch 75, §5; SL 2007, ch 81, §7; SL 2015, ch 77, §10 rejected Nov. 8, 2016.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-3.15 - State board to adopt rules.

12-5-3.15. State board to adopt rules.
The State Board of Elections may adopt rules pursuant to chapter 1-26 to implement §§12-5-3.6 to 12-5-3.14, inclusive.
Source:
SL 1977, ch 107, §9.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-3.16 - Certification of names of national convention nominees for President and vice-president--Alternate certification.

12-5-3.16. Certification of names of national convention nominees for President and vice-president--Alternate certification.
The chairperson of the national convention of each political party recognized pursuant to §12-1-3 or 12-5-1 shall certify the names of the convention nominees for President and vice-president of each political party to the secretary of state immediately following the convention. If the national certification is not received or is inconclusive, the names shall be certified by the state chairperson of that party at the request of the secretary of state.
Source:
SL 2001, ch 67, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-4 - Statement filed by candidates for precinct committeeman or committeewoman--Time of filing--Contents--Effect.

12-5-4. Statement filed by candidates for precinct committeeman or committeewoman--Time of filing--Contents--Effect.
A candidate for party precinct committeeman or committeewoman shall file a statement in writing, with the county auditor of the county in which he or she is a candidate, not later than the last Tuesday in March before the primary election. The statement must include the candidate's email address and phone number and must state that the candidate:
(1)Is a resident of the precinct;
(2)Is registered as a member of the political party named in the statement;
(3)Is a candidate for precinct committeeman or committeewoman, as the case may be;
(4)Is desirous of serving in that position; and
(5)If elected, will serve in the office.
The statement, when properly filed, operates as a nominating petition for that office.
Source: SL 1929, ch 118, §7; SL 1937, ch 120, §2; SDC 1939, §16.0212; SL 1941, ch 77; SL 1951, ch 90; SL 1957, ch 83, §2; SL 1959, ch 90; SL 1972, ch 79, §2; SL 1982, ch 126, §2; SL 1988, ch 130, §1; SL 2007, ch 81, §8; SL 2015, ch 77, §14 rejected Nov. 8, 2016; SL 2023, ch 45, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-4.1 - Unopposed candidate for precinct committee automatically elected.

12-5-4.1. Unopposed candidate for precinct committee automatically elected.
Any candidate who has filed a statement of candidacy, as required by §12-5-4, having no opposing candidate shall automatically be elected, and after the canvass of the primary shall be so declared.
Source:
SL 1972, ch 79, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-8 - Furnishing to precincts of ballots for precinct committee--Form prescribed by state board.

12-5-8. Furnishing to precincts of ballots for precinct committee--Form prescribed by state board.
At the time of printing the official primary election ballots, the county auditor shall also have printed in like number, and for each political party, separate ballots upon which party voters may vote for precinct committeeman and for precinct committeewoman of their political party. These ballots shall be furnished to any election precinct having a contest for such position at the same time with the other election supplies. The form of these ballots shall be prescribed by the State Board of Elections.
Source:
SL 1929, ch 118, §10; SL 1931, ch 146; SL 1937, ch 120, §3; SDC 1939, §16.0216; SL 1965, ch 84; SL 1972, ch 79, §3; SL 1976, ch 105, §13.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-9 - Votes for precinct committee restricted to nominees.

12-5-9. Votes for precinct committee restricted to nominees.
Only candidates nominated pursuant to §12-5-4 shall be voted upon for such precinct committeeman or committeewoman.
Source:
SL 1929, ch 118, §7; SL 1937, ch 120, §2; SDC 1939, §16.0212; SL 1941, ch 77; SL 1951, ch 90; SL 1957, ch 83, §2; SL 1959, ch 90; SL 1972, ch 79, §4; SL 1974, ch 118, §30.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-13 - Precinct committeemen elected by plurality at primary--Term of office.

12-5-13. Precinct committeemen elected by plurality at primary--Term of office.
The person receiving the highest number of votes of his or her party, shall be declared elected precinct committeeman and committeewoman respectively, of their party, and shall hold such position for two years, or until his or her successor is elected unless otherwise provided by the party's Constitution or bylaws.
Source:
SL 1929, ch 118, §7; SL 1937, ch 120, §2; SDC 1939, §16.0212; SL 1941, ch 77; SL 1951, ch 90; SL 1957, ch 83, §2; SL 1959, ch 90; SL 1973, ch 72, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-14 - County central committee--Composition--Organization--Certification of party officials.

12-5-14. County central committee--Composition--Organization--Certification of party officials.
The county central committee of a political party is comprised of precinct committeemen and precinct committeewomen of the political party; the state committeemen and committeewomen; the county chairperson, vice-chairperson, and secretary-treasurer or secretary and treasurer; and the elected public officers who reside in the county and other officers as designated by the party's constitution or bylaws. A county central committee of a political party shall form the party organization by electing a county chairperson and other officers as determined by the party's constitution or bylaws. The name and mailing address of the county chairperson shall be certified to the county auditor and state party chairperson immediately following the election of the county chairperson or change of the county chairperson. The name and mailing address of the county officer responsible for the records and reports required under chapter 12-27 shall be certified to the secretary of state immediately following the election. The name and mailing address of the state party chairperson shall be certified to the secretary of state immediately following the election or appointment of the state party chairperson.
Source:
SDC 1939, §16.0241; SL 1945, ch 76; SL 1949, ch 73; SL 1963, ch 107, §6; SL 1973, ch 72, §2; SL 1976, ch 105, §14; SL 1980, ch 112; SL 2001, ch 67, §2; SL 2007, ch 74, §10; SL 2008, ch 67, §17; SL 2019, ch 73, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-15 - Vacancies filled by county central committee--Exception.

12-5-15. Vacancies filled by county central committee--Exception.
The county central committee may fill vacancies in its membership, except for public officers, in accordance with the party's constitution or bylaws.
Source:
SL 1929, ch 118, §53; SL 1937, ch 120, §4; SDC 1939, §16.0241; SL 1945, ch 76; SL 1949, ch 73; SL 1963, ch 107, §6; SL 2007, ch 74, §11.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-17 - Biennial state conventions--Time and place--Notice to secretary of state.

12-5-17. Biennial state conventions--Time and place--Notice to secretary of state.
Each political party shall hold a state convention in each even-numbered year for the purposes stated in §12-5-21. The state central committee of each political party shall determine the time and place of the convention. The chair of the committee shall notify the secretary of state at least fifteen business days prior to the date chosen.
Source:
SL 1917, ch 234, §30; RC 1919, §7108; SL 1929, ch 118, §55; SL 1933, ch 100; SL 1937, ch 120, §5; SDC 1939, §16.0240; SL 1939, ch 77; SL 1941, ch 78; SL 1951, ch 91; SL 1974, ch 118, §31; SL 2019, ch 70, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-18 - Voting by delegates to state convention.

12-5-18. Voting by delegates to state convention.
At the state convention of a political party, each delegate shall vote the number of votes equal to his proportionate representation as to all delegates present from that county bears to the number of votes cast in his county at the last gubernatorial election for his party candidate for Governor.
Source:
SL 1917, ch 234, §30; RC 1919, §7108; SL 1929, ch 118, §55; SL 1933, ch 100; SL 1937, ch 120, §5; SDC 1939, §16.0240; SL 1939, ch 77; SL 1941, ch 78; SL 1951, ch 91; SL 1974, ch 118, §32.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-21 - Nomination of state candidates not voted on at primary--Presidential electors and national committee members.

12-5-21. Nomination of state candidates not voted on at primary--Presidential electors and national committee members.
The state convention shall nominate candidates for lieutenant governor, attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner and in the years when a President of the United States is to be elected, presidential electors and national committeeman and national committeewoman of the party.
Source:
SL 1917, ch 234, §30; RC 1919, §7108; SL 1929, ch 118, §55; SL 1933, ch 100; SL 1937, ch 120, §5; SDC 1939, §16.0240; SL 1939, ch 77; SL 1941, ch 78; SL 1951, ch 91; SL 1965, ch 86; SL 1974, ch 118, §35.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-22 - Majority required for nomination by convention--Certification to secretary of state.

12-5-22. Majority required for nomination by convention--Certification to secretary of state.
Nominations by a state convention shall be made by a majority vote of the votes cast and shall be certified to the secretary of state by the officers of the convention, within three days of the close of the convention. No certification may be received by the secretary of state later than the second Tuesday in August.
Source:
SL 1929, ch 118, §55; SL 1933, ch 100; SL 1937, ch 120, §5; SDC 1939, §16.0240; SL 1939, ch 77; SL 1941, ch 78; SL 1951, ch 91; SL 1965, ch 86; SL 2007, ch 74, §14.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-25 - Nomination of candidates by political party with alternative political status--Primary election.

12-5-25. Nomination of candidates by political party with alternative political status--Primary election.
A political party with alternative political status may nominate a candidate for United States Senate, United States House of Representatives, Governor, and any legislative seat by convention, if the nomination is submitted with the proper documentation to the Office of the Secretary of State no later than 5:00 p.m. central time on the second Tuesday in August, of the year of the election.
A candidate registered with a political party with an alternative political status may choose, if allowed by the party bylaws, to participate in a primary election by submitting a candidate petition no later than the last Tuesday of March in accordance with §12-5-1.4.
Source:
SL 2018, ch 74, §3, eff. Mar. 23, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 05 - Political Parties And Party Affairs › Section 12-5-26 - New party nomination of candidates.

12-5-26.New party nomination of candidates.
A new political party may nominate a candidate for United States Senate, United States House of Representatives, Governor, and any legislative seat by convention, if the nomination is submitted with the proper documentation to the Office of the Secretary of State no later than 5:00 p. m. central time on the second Tuesday in August, of the year of the election.
Source:
SL 2018, ch 74, §6, eff. Mar. 23, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-1 - Offices to which chapter applies.

12-6-1. Offices to which chapter applies.
The provisions of this chapter shall apply to the election to party office and for the nominations of political and nonpolitical candidates for public offices except as may be otherwise provided.
Source:
SL 1929, ch 118, §2; SDC 1939, §16.0208; SL 1947, ch 84; SL 1973, ch 74, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-2 - Third-term gubernatorial nomination prohibited.

12-6-2. Third-term gubernatorial nomination prohibited.
No person shall be nominated under the provisions of this chapter for election to the office of Governor for a third successive term.
Source:
SDC 1939, §16.0208 as added by SL 1947, ch 84.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-3 - Candidacy for more than one office in same election prohibited--Exceptions.

12-6-3. Candidacy for more than one office in same election prohibited--Exceptions.
No person's name may appear on the primary election ballot as a candidate for nomination to more than one public office in the same election, except that a person may be the candidate for any public office and the office of President of the United States, vice president of the United States, director of a water development district, or director of a consumer power district. A candidate for any such office is not prohibited from seeking election to one or more party offices as may be provided in chapter 12-5. If a candidate secures a nomination at a state party convention, the candidate shall withdraw as a candidate from one of the offices and submit the withdrawal to the secretary of state on or before the date on which the secretary of state receives the state party certification.
Source:
SDC 1939, §16.0215; SL 1973, ch 74, §2; SL 2002, ch 73, §3; SL 2015, ch 76, §3; SL 2019, ch 71, §1; SL 2019, ch 72, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-3.1 - Legislative candidates required to reside in district of candidacy.

12-6-3.1. Legislative candidates 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 as required by this chapter.
Source:
SL 1990, ch 105, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-3.2 - Candidate required to register with party.

12-6-3.2. Candidate required to register with party.
No person may sign a declaration of candidacy or be nominated as a political candidate for a party unless that person is a registered voter with that party affiliation.
Source:
SL 1998, ch 80, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-4 - Petition required to place candidate's name on primary ballot--Time and place of filing.

12-6-4. Petition required to place candidate's name on primary ballot--Time and place of filing.
Except as provided by §12-5-4 and as may be otherwise provided in chapter 12-9, no candidate for any office to be filled, or nomination to be made, at either or both the primary or general election, other than a presidential election, may have that person's name printed upon the official primary election ballot of that person's party, unless a petition has been filed on that person's behalf after December thirty-first and by the last Tuesday of March at five p.m. local time before the date of the primary election. If the petition is mailed by registered mail by the last Tuesday of March at five p.m. local time before the primary election, the petition shall be considered timely submitted. A nominating petition for national convention delegates and alternates as provided in §12-5-3.11 shall be filed in accordance with the provisions of this section. Nominating petitions for all party and public offices except legislative and judicial offices shall be filed in the office of the county auditor of the county in which the person is a candidate. Nominating petitions for legislative and judicial office whether elected in one or more counties, and all other party and public offices to be voted on in more than one county shall be filed in the Office of the Secretary of State.
Source:
SDC 1939, §16.0210; SL 1939, ch 75; SL 1957, ch 83, §1; SL 1961, ch 93, §1; SL 1971, ch 84; SL 1973, ch 74, §3; SL 1977, ch 108, §1; SL 1986, ch 115, §5; SL 1997, ch 75, §6; SL 2007, ch 81, §9; SL 2015, ch 77, §1 rejected Nov. 8, 2016; SL 2017, ch 69, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-4.1 - Earliest time for circulating petitions or certificates.

12-6-4.1. Earliest time for circulating petitions or 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; SL 2015, ch 77, §4 rejected Nov. 8, 2016.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-5 - Form of nominating petition prescribed by state board.

12-6-5. Form of nominating petition prescribed by state board.
The form of the nominating petition shall be prescribed by the State Board of Elections.
Source:
SL 1929, ch 118, §5; SDC 1939, §16.0210; SL 1939, ch 75; SL 1957, ch 83, §1; SL 1961, ch 93, §1; SL 1976, ch 105, §15.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-6 - Joint petitions for delegate candidates--Individual petitions otherwise required.

12-6-6. Joint petitions for delegate candidates--Individual petitions otherwise required.
Two or more candidates for delegates to the state convention of the party may be included in one nominating petition.
Source:
SL 1929, ch 118, §4; SL 1931, ch 145; SDC 1939, §16.0210; SL 1939, ch 75; SL 1957, ch 83, §1; SL 1961, ch 93, §1; SL 1973, ch 74, §4; SL 2021, ch 62, § 1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-8 - Time and manner of signing petition--Declaration of candidate--Verification--Violation for falsely attesting--Signing for independent or nonpolitical candidate.

12-6-8. Time and manner of signing petition--Declaration of candidate--Verification--Violation for falsely attesting--Signing for independent or nonpolitical candidate.
No person may sign the nominating petition of a candidate before January first in the year in which the election is to be held, nor for whom the person is not entitled to vote, nor for a political candidate of a party of which the person is not a member, nor for more than the number of candidates required to be nominated for the same office. The signer or circulator shall add the signer's place of residence and the date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. A formal declaration of the candidate shall be signed by the candidate before the circulation of petitions. The signed declaration of the candidate shall accompany and be a part of the petition. An original signed declaration shall accompany the group of petitions upon filing.
The petition shall be verified under oath by the persons circulating the petition. The verification by the person circulating the petition may not be notarized by the candidate whom the petition is nominating. Any person circulating a petition who falsely attests to the verification is guilty of a Class 6 felony.
A nominating petition for any election shall be a self-contained sheet of paper in order to have the candidate's name placed on the ballot. The provisions of this section may not prohibit a person registered with party affiliation from signing either a petition nominating an independent or a nonpolitical candidate for office if the person has not previously signed a petition for that office to be filled.
Source: SL 1929, ch 118, §4; SL 1931, ch 145; SDC 1939, §16.0210; SL 1939, ch 75; SL 1957, ch 83, §1; SL 1961, ch 93, §1; SL 1973, ch 74, §7; SL 1976, ch 105, §18; SL 1978, ch 97, §1; SL 1992, ch 110, §1; SL 2013, ch 63, §3; SL 2015, ch 77, §7 rejected Nov. 8, 2016; SL 2017, ch 69, §4; SL 2023, ch 9, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-8.1 - Withdrawal from primary election--Time and place of filing.

12-6-8.1. Withdrawal from primary election--Time and place of filing.
Any person may have his or her name withdrawn from the primary election by making a written request under oath. The request shall be filed with the officer with whom the nominating petition was filed pursuant to §12-6-4, not later than two days after the last Tuesday in March at five p.m. If the request is mailed by registered mail not later than two days after the last Tuesday in March at five p.m., the request is properly filed. No name that is withdrawn pursuant to this section may be printed on the ballots to be used at the election.
Source:
SL 1981, ch 121; SL 2007, ch 81, §10; SL 2011, ch 78, §1; SL 2015, ch 77, §13 rejected Nov. 8, 2016.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-9 - Unopposed candidate automatically nominated--Primary not held if no contest.

12-6-9. Unopposed candidate automatically nominated--Primary not held if no contest.
A candidate for nomination to an office, or election to a party office, having no opposing candidate within his party, shall automatically become the nominee of his party or elected party official for said office, and his name shall not be printed on the primary election ballot. If there are no opposing candidates for nomination or election of either state or county candidates in any county, no primary election shall be held in that county, and the candidates shall be automatically nominated or elected.
Source:
SL 1929, ch 118, §8; SDC 1939, §16.0215; SL 1978, ch 98.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-11 - Certification to county auditors of nominating petitions filed with secretary of state.

12-6-11. Certification to county auditors of nominating petitions filed with secretary of state.
It shall be the duty of the secretary of state, as soon as the time for filing nominating petitions in his office has passed, immediately to certify to the several county auditors of the state the names of the persons in whose behalf nominating petitions have been filed in his office as candidates for each political party separately, with the name of the office for which each person is a candidate, and certify the color, style and form of the official primary election ballot of each political party.
Source:
SL 1929, ch 118, §8; SDC 1939, §16.0215; SL 1973, ch 74, §8.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-14 - Form of official primary ballot prescribed by state board.

12-6-14. Form of official primary ballot prescribed by state board.
The form of the official primary election ballot shall be prescribed by the State Board of Elections.
Source:
SL 1929, ch 118, §9; SDC 1939, §16.0215; SL 1963, ch 107, §3; SL 1976, ch 105, §19.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-26 - Qualifications of voters at primary--Party registration requirements.

12-6-26. Qualifications of voters at primary--Party registration requirements.
No person may vote a party ballot at any primary election unless the person is registered as a member of that political party in the precinct in which the person seeks to vote. Any political party in its constitution or bylaws may allow for participation in the party's primary elections by any person who is registered to vote with no party affiliation. Any such change to the constitution or bylaws of a political party shall be filed pursuant to §12-5-1.1 by January first of the year in the which the primary is conducted.
Source:
SDC 1939, §16.0203; SL 1961, ch 92, §8; SDCL §12-4-26; SL 1973, ch 74, §9; SL 1981, ch 13, §2; SL 1996, ch 97; SL 2009, ch 69, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-50 - Nomination by plurality at primary.

12-6-50. Nomination by plurality at primary.
Any candidate for a party nomination to public office, who receives the highest number of votes cast by the voters of his party for the office for which he is a candidate, shall be declared the nominee of his party.
Source:
SL 1929, ch 118, §39; SDC 1939, §16.0234.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-51.1 - Runoff election--United States Senate, House of Representatives, or Governor primary.

12-6-51.1. Runoff election--United States Senate, House of Representatives, or Governor primary.
If no candidate for United States Senate, United States House of Representatives, or Governor in a race involving three or more candidates receives thirty-five percent of the votes of the candidate's party, a runoff election shall be held eight weeks from the date of the first primary election. At the runoff election the only persons voted for shall be the two candidates receiving the highest number of votes at the first election. If there is a tie for second place in the first primary election and there is no tie for first place, all tying second place candidates must be placed along with the first place candidate on the ballot for the runoff election. The runoff election must be held in the same manner as the first election. However, if the runoff election does not have a federal race, the electronic ballot marking system is not required, and hand-counted ballots may be used. The person receiving the highest number of votes at the runoff election is nominated as the candidate for the party.
Source: SL 1985, ch 110, §1; SL 2008, ch 34, §8; SL 2010, ch 74, §11; SL 2013, ch 64, §1; SL 2017, ch 69, §5; SL 2023, ch 46, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-51.3 - Certification of runoff candidates.

12-6-51.3. Certification of runoff candidates.
Within twenty-four hours after the completion of the canvass, the secretary of state shall certify runoff candidates, listed in the order determined by a drawing of names, to all county auditors.
Source:
SL 1985, ch 110, §1F; SL 1999, ch 72, §2; SL 2008, ch 34, §9.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-52 - Party officials elected by plurality at primary.

12-6-52. Party officials elected by plurality at primary.
Any candidate for party precinct committeeman, or committeewoman, or delegate to the state convention, who received the highest number of votes, shall be declared elected to the office for which he is a candidate.
Source:
SL 1929, ch 118, §39; SDC 1939, §16.0234; SL 1963, ch 107, §4; SL 1973, ch 73, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-55 - Withdrawal by nominee--Time and place of filing.

12-6-55. Withdrawal by nominee--Time and place of filing.
Any person nominated to any elective office may cause that person's name to be withdrawn from nomination by request in writing, subscribed and sworn to by that person before any officer qualified to administer oaths and take acknowledgments. The request shall be filed with the officer with whom the nominating petition was filed pursuant to §12-6-4, not later than the first Tuesday in August at 5:00 p.m. before the next election. No person's name withdrawn under this section may be printed upon the ballots for that office unless the same person is subsequently selected to fill the vacancy in accordance with §12-6-56.
Source:
SL 1897, ch 60, §12; RPolC 1903, §1909; SL 1918 (SS), ch 44, §2; SL 1918 (SS), ch 46, §4; RC 1919, §7206; SL 1929, ch 117, §2; SL 1935, ch 109, §2; SL 1937, ch 124, §2; SDC 1939, §16.0245; SL 1961, ch 95; SL 1971, ch 87, §5; SL 1973, ch 74, §11; SL 1978, ch 99, §1; SL 1979, ch 97, §1; SL 2019, ch 74, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 06 - Primary Elections › Section 12-6-56 - Party committee--Party candidate vacancies.

12-6-56. Party committee--Party candidate vacancies.
If a vacancy occurs by reason of death or withdrawal after a primary election, a party candidate for public office may be chosen if a meeting of the appropriate party central committee is held and the results are certified to the appropriate official within the times prescribed by §12-8-6.
If the vacancy is a party candidate for presidential elector or statewide office, the vacancy shall be filled by the State Party Central Committee. If the vacancy is a party candidate for public office other than presidential elector or statewide office, the vacancy shall be filled by a vote of county party central committee members in attendance who reside in the affected district.
The certification of the results shall be signed by the person responsible for calling the meeting under § 12-6-57 or the person designated to conduct the meeting under § 12-6-57.
Source:
SL 1929, ch 118, §56; SDC 1939, §16.0243; SL 1973, ch 74, §12; SL 1991, ch 119, §1; SL 2007, ch 75, §1; SL 2015, ch 77, §20 rejected Nov. 8, 2016; SL 2019, ch 74, §2; SL 2021, ch 63, § 1.