reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:07.01 - Affidavit to be filed with completed initiative, referendum, or initiated constitutional amendment petition

Current through Register Vol. 51, page 10, July 15, 2024
The affidavit to be filed with the completed petition for initiative, referendum, or initiated constitutional amendment shall be in the following form:
STATE OF SOUTH DAKOTA)
) SS AFFIDAVIT OF COMPLETED PETITION
COUNTY OF _____________)
I, under oath, state that the attached petition sheets constitute the entire petition to be filed and that to the best of my knowledge they contain a sufficient number of signatures to be certified to the ballot.
Title of Ballot Measure ___________________________________________
______________________________
Signature of Sponsor
______________________________________________________________________________
______________________________________________________________________________
Print name and complete address of the sponsor
Sworn to before me this _______ day of _________, 20____.
(Seal) ________________________________
Signature of Officer Administering Oath
My commission expires: _________.
_________________________________
Title of Officer Administering Oath
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  2-1-1.1,  2-1-1.2,  2-1-3.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:07.02 - Affidavit to be submitted with initiative, referendum, or initiated constitutional amendment petition to be circulated

Current through Register Vol. 51, page 10, July 15, 2024
The affidavit to be submitted with the petition in final format before circulating an initiative, refendum, or initiated constitutional amendment shall be in the following form:
STATE OF SOUTH DAKOTA)
) SS AFFIDAVIT OF PETITION TO BE CIRCULATED
COUNTY OF ______________)
I, under oath, state that the attached petition sheet constitutes the petition in final format to be circulated and I am one of the sponsors to this ballot measure.
_____________________________________________________________
Title of Ballot Measure__________________________________________
________________________________
Print name of sponsor
______________________________________________________________
Print name and complete address of the sponsor
_________________________________
Signature of Sponsor
Sworn to before me this _____ day of __________, 20 _____.
(Seal)
__________________________________
Signature of Officer Administering Oath
My commission expires: ___________.
__________________________________
Title of Officer Administering Oath
General Authority:
SDCL  12-1-9(7)
Law Implemented:
SDCL  2-1-1.1,  2-1-1.2,  2-1-3.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:08 - Form of referendum petition

Current through Register Vol. 51, page 10, July 15, 2024
The referendum petition form shall follow the specifications provided in this section.
The petition of referendum shall be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  2-1-3,  2-1-7,  2-1-10,  2-1-3.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:09 - Form of initiated constitutional amendment petition or initiated petition for repeal of constitutional provision

Current through Register Vol. 51, page 10, July 15, 2024
The petition for initiated constitutional amendment or repeal shall be in the following form:
Click Here
				  To View Image
Click Here
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General Authority:
SDCL  12-1-9(7).
Law Implemented:
S.D. Constitution, art XXIII, § 1; SDCL  2-1-1.1,  2-1-10.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:11 - Nominating petition for school board member

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for school board member must be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  12-1-2,  13-7-6,  13-7-13.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:13 - Nominating petition for municipal election

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for a municipal election must be in the following form:
Click Here
				  to View Image
Click Here
				  to View Image
Click Here
				  to View Image
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  9-13-7,  9-13-11.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:15 - Municipal initiative petition

Current through Register Vol. 51, page 10, July 15, 2024
The municipal initiative petition must be in the following form:
MUNICIPAL INITIATIVE PETITION
IN THE MUNICIPALITY OF ______________
WE, THE UNDERSIGNED qualified voters of the municipality of __________________, the state of South Dakota, petition that the following (ordinance) (resolution) be submitted to the voters of that municipality for their approval or rejection pursuant to law.
The proposed (ordinance) (resolution) in proper form is as follows:
Here state verbatim the proposed (ordinance) (resolution).
(Here insert instructions to voters and signature blanks prescribed in §
									5:02:08:00.03.)
VERIFICATION BY PERSON CIRCULATING PETITION
INSTRUCTIONS TO CIRCULATOR: This section (bold)
must
(unbold) be completed following circulation and before filing.
Print name of the circulator Residence Address City State
I, under oath, state that I circulated the above initiative petition, that each signer personally signed this petition in my presence, that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration, that I attest the legality of the signatures and that each person signing this petition is a resident and qualified voter of the municipality of ________________________.
________________________________
Signature of Circulator
Sworn to before me this _____ day of __________, ______.
(Seal)
________________________________
Signature of Officer Administering Oath
My commission expires _________.
________________________________
Title of Officer Administering Oath
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  9-20-2,  9-20-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:16 - Municipal referendum petition

Current through Register Vol. 51, page 10, July 15, 2024
The municipal referendum petition must be in the following form:
MUNICIPAL REFERENDUM PETITION
IN THE MUNICIPALITY OF ______________
WE, THE UNDERSIGNED qualified voters of the municipality of ____________________, the state of South Dakota, petition that the following (ordinance) (resolution), as passed by the governing board of the municipality, be submitted to the voters for their approval or rejection pursuant to law.
(Here insert the title of the (ordinance) (resolution) and date of its passage. However, if only a portion of the (ordinance) (resolution) is intended to be covered by the petition, that portion shall be set out at length.)
(Here insert the instructions to voters and signature blanks prescribed in §
									5:02:08:00.03.)
VERIFICATION BY PERSON CIRCULATING PETITION
INSTRUCTIONS TO CIRCULATOR: This section (bold)
must
(unbold) be completed following circulation and before filing.
Print name of the circulator Residence Address City State
I, under oath, state that I circulated the above referendum petition, that each signer personally signed this petition in my presence, that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration, that I attest the legality of the signatures and that each person signing this petition is a resident and qualified voter of the municipality of ________________________.
________________________________
Signature of Circulator
Sworn to before me this _____ day of __________, ______.
(Seal)
________________________________
Signature of Officer Administering Oath
My commission expires _________.
________________________________
Title of Officer Administering Oath
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  9-20-7,  9-20-8,  9-20-9.
Court Decision:
The board of elections had no authority to authorize the circulator of municipal initiative petitions to add the mailing address and date of signing, when SDCL  9-20-8 required the signer to do so; however, failure to add the state and municipality behind the signers' names would not invalidate signatures since the title of petitions contained that information. (Opinion issued before the 1979 amendment of SDCL  9-20-8.)
Bjornsonvs City of Aberdeen
, 296 N.W. 2d 896 (Sept. 17, 1980).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:17 - Municipal petition for recall

Current through Register Vol. 51, page 10, July 15, 2024
The municipal petition for recall must be in the following form:
PETITION FOR RECALL
IN THE MUNICIPALITY OF ______________
WE, THE UNDERSIGNED qualified voters of the municipality of ________________, state of South Dakota, petition for a candidate election to be held for the purpose of recalling __________________________ from the office of ______________, based on the following grounds:
(Here list the grounds for recall.)
(Here insert the instructions to signers and signature blanks prescribed in §
									5:02:08:00.03.)
VERIFICATION BY PERSON CIRCULATING PETITION
INSTRUCTIONS TO CIRCULATOR: This section (bold)
must
(unbold) be completed following circulation and before filing.
Print name of the circulator Residence Address City State
I, under oath, state that I circulated the above petition for recall, that each signer personally signed this petition in my presence, that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration, that I attest the legality of the signatures and that each person signing this petition is a qualified voter of the municipality of ________________________.
________________________________
Signature of Circulator
Sworn to before me this _____ day of __________, ______.
(Seal)
________________________________
Signature of Officer Administering Oath
My commission expires _________.
________________________________
Title of Officer Administering Oath
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  9-13-30.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:18 - County initiative petition

Current through Register Vol. 51, page 10, July 15, 2024
The county initiative petition shall be in the following form:
COUNTY INITIATIVE PETITION
WE, THE UNDERSIGNED qualified voters of ______________ County in the state of South Dakota, petition that the following (ordinance) (resolution) be submitted to the voters of that county for their approval or rejection pursuant to law.
The proposed (ordinance) (resolution) in proper form is as follows:
[Here list verbatim the proposed (ordinance) (resolution).]
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  7-18A-11,  7-18A-12.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:19 - County referendum petition

Current through Register Vol. 51, page 10, July 15, 2024
The county referendum petition shall be in the following form:
COUNTY REFERENDUM PETITION
WE, THE UNDERSIGNED qualified voters of __________ County in the state of South Dakota, petition that the following (ordinance) (resolution), as passed by the County Commissioners of that county, be submitted to the voters of the county for their approval or rejection pursuant to law.
(Here insert the title of the (ordinance) (resolution) and the date of its passage. However, if only a portion of the (ordinance) (resolution) is intended to be covered by the petition, that portion shall be set out at length.)
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  7-18A-15,  7-18A-17,  7-18A-18.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:20 - Certificate of nomination for Independent presidential electors

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of nomination for Independent presidential electors shall be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-6-5,  12-6-8,  12-7-1,  12-7-7.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:21 - Form of petition to increase or decrease number of county commissioners

Current through Register Vol. 51, page 10, July 15, 2024
The petition to increase or decrease the number of county commissioners shall be in the following form:
PETITION FOR CHANGE IN NUMBER OF COUNTY COMMISSIONERS
WE, THE UNDERSIGNED qualified voters of ______________ County, State of South Dakota, petition that the number of commissioners for this county be (increased to five) (decreased to three) and that the proposal be submitted to the voters of ______________ County for their approval or rejection at the general election to be held on November _____, _______.
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  7-8-3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:22 - Form of petition to increase or decrease number of members of school board

Current through Register Vol. 51, page 10, July 15, 2024
The petition to increase or decrease the number of school board members shall be in the following form:
PETITION FOR CHANGE IN NUMBER OF SCHOOL BOARD MEMBERS
WE, THE UNDERSIGNED qualified voters of _____________________ School District No. ________, petition that the number of school board members be (increased, decreased) to
(number of board members)
and that the proposal be submitted to the voters of the _____________ School District No. ________ for their approval or rejection pursuant to SDCL  13-8-3 and  13-8-4.
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  13-8-3,  13-8-4.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:23 - Form of petition for change in municipal government

Current through Register Vol. 51, page 10, July 15, 2024
The form of a petition for either proposing a change in the type of municipal government or for increasing or decreasing the number of commissioners, wards, or trustees, or both, shall be as follows:
PETITION FOR ELECTION TO CHANGE MUNICIPAL GOVERNMENT
WE, THE UNDERSIGNED qualified voters of the municipality of __________________, petition that the municipal government of ____________________ be changed as follows and that the proposal be submitted to the voters for their approval or rejection pursuant to SDCL  9-11-5:
(Here: either describe the proposed new form of government or the increase or decrease in the number of commissioners, wards, or trustees, or both.)
___________________________________________
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  9-11-5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:24 - Form of petition for water development district director

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for a director of a water development district shall be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  46A-3B-2,  46A-3B-4.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:25 - Form of petition for irrigation district director by division

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for a director of an irrigation district by division shall be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  46A-4-27.1,  46A-4-28.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:26 - Form of petition for irrigation district director at large

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for a director at large of an irrigation district shall be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  46A-4-27.1,  46A-4-28.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:27 - Form of petition for water project district director by division

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for a director of a water project district by division shall be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  46A-18-25.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:28 - Form of petition for water project district director at large

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for a director at large of a water project district shall be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  46A-18-25.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:29 - Form of petition for school district reorganization through dissolution

Current through Register Vol. 51, page 10, July 15, 2024
The petition for school district reorganization through dissolution shall be in the following form:
PETITION FOR SCHOOL DISTRICT REORGANIZATION THROUGH DISSOLUTION
WE, THE UNDERSIGNED qualified voters of the __________________ School District No. _________, petition that the school board of the ________________ School District No. _________ develop a reorganization plan dissolving the school district by attaching to another district or districts pursuant to SDCL 13-6 and that an election be held on the plan.
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  13-6-10.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:30 - Form of petition for multiple school district reorganization to create a new district

Current through Register Vol. 51, page 10, July 15, 2024
The petition for multiple school district reorganization to create a new district shall be in the following form:
PETITION FOR MULTIPLE SCHOOL DISTRICT REORGANIZATION
TO CREATE A NEW DISTRICT
A separate petition must be submitted to each school board involved. Each petition may be signed only by residents of that district.
WE, THE UNDERSIGNED qualified voters of the __________________ School District No. _________, petition that the school boards of the following school districts:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
develop a reorganization plan dissolving the school districts and creating a new district pursuant to SDCL 13-6 and that an election be held on the plan.
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  13-6-10.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:31 - Form of petition for reconsideration of rejected school district reorganization plan

Current through Register Vol. 51, page 10, July 15, 2024
The petition for reconsideration of a rejected school district reorganization plan shall be in the following form:
PETITION FOR RECONSIDERATION OF REJECTED SCHOOL
DISTRICT REORGANIZATION PLAN
WE, THE UNDERSIGNED qualified voters of the ____________________ School District No. _________, petition the school board of the ___________________ School District No. _________ to hold an election to reconsider the school district reorganization plan that was rejected at the election held _____________________, 20 ____.
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  13-6-49.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:32 - Form of petition for combining county offices

Current through Register Vol. 51, page 10, July 15, 2024
The petition for combining county offices shall be in the following form:
PETITION FOR COMBINING COUNTY OFFICES
WE, THE UNDERSIGNED qualified voters of ________________ County in the state of South Dakota, petition that the county offices of _____________________, ___________________, and ___________________ be combined, that one person be elected to and perform the duties of the combined offices, and that the proposed change be submitted to the voters of that county for their approval or rejection pursuant to law.
The balance of this petition form is as prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  7-7-1.5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:33 - Form of petition for combining a county office with the same office in other counties

Current through Register Vol. 51, page 10, July 15, 2024
The petition for combining a county office with the same office in other counties shall be in the following form:
PETITION FOR COMBINING A COUNTY OFFICE WITH THE
SAME OFFICE IN OTHER COUNTIES
WE, THE UNDERSIGNED qualified voters of __________________ County in the state of South Dakota, petition that the county office of ___________________ in _________________ County be combined with the same county office in the (county) (counties) of _____________________ and that the proposed change be submitted to the voters of this county for their approval or rejection pursuant to law.
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  7-7-1.6.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:34 - Form of nominating petition for township election

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for a township election must be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  8-3-1.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:35 - Form of nominating petition for special district trustee

Current through Register Vol. 51, page 10, July 15, 2024
The petition for special district trustees must be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  6-16-8,  31-12A-17,  34A-5-21.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:36 - Form of petition for conservation district supervisor - Nonpartisan election

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for conservation district supervisor must be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  38-8-39.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:37 - Form of petition for urban area conservation district supervisor - Nonpartisan election (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  38-8-39.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:38 - Form of petition for rural landowner or occupier conservation district supervisor - Nonpartisan election (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  38-8-39.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:39 - Form of petition for organization of a county road, ambulance, rural fire protection, sanitary, watershed, or water project district

Current through Register Vol. 51, page 10, July 15, 2024
WE, THE UNDERSIGNED, are qualified voters in the area herein described. We petition that the question of forming the __________________ (insert name and type of district) district be submitted for a vote of approval or rejection pursuant to law.
(Here insert the legal description of the area to be included in the proposed district.)
(1)
Road districts insert:
(a)
The need for road work in the territory described; and
(b)
Request county commissioners to define boundaries for the district and make a determination that such district be created;
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:40 - Form of petition for a resolution of cooperation or consolidation

Current through Register Vol. 51, page 10, July 15, 2024
The form of a petition for proposing a resolution of cooperation by a local government entity or consolidation of local government entities shall be as follows:
PETITION FOR A RESOLUTION OF COOPERATION OR CONSOLIDATION
WE, THE UNDERSIGNED qualified voters of ________________________ (insert name of jurisdiction) petition for an election to be held to adopt or reject the following resolution of cooperation or consolidation.
(Name each local government entity to be involved in the cooperation or consolidation and describe each specific office, function, or governmental unit to be cooperated in or combined.)
The balance of this petition form is as prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  6-17-5.
Law Implemented:
SDCL  6-17-5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:41 - Form of petition for referring a tax levy opt-out

Current through Register Vol. 51, page 10, July 15, 2024
The petition for referring a tax levy opt-out must be in the following form:
____________________ (insert jurisdiction) EXCESS TAX LEVY REFERENDUM PETITION
WE, THE UNDERSIGNED qualified voters of _______________________ (insert jurisdiction) in the state of South Dakota, petition that the following decision regarding the imposition of an excess tax levy, as passed by the governing body, be submitted to the voters of the jurisdiction for the voters' approval or rejection pursuant to law.
(Here insert the governing body's decision regarding the imposition of an excess tax levy and the date of its passage.)
The balance of this petition form is prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  10-12-43,  10-13-36.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:42 - Form of petition for consumers power district director

Current through Register Vol. 51, page 10, July 15, 2024
The nominating petition for a director of a consumers power district shall be in the following form:
Click Here
				  To View Image
Click Here
				  To View Image
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  49-36-1.3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:43 - Form of petition for establishing or eliminating school board representation areas

Current through Register Vol. 51, page 10, July 15, 2024
The petition for establishing or eliminating school board representation areas shall be in the following form:
PETITION FOR (ESTABLISHING, ELIMINATING) SCHOOL BOARD
REPRESENTATION AREAS
WE, THE UNDERSIGNED qualified voters of the _________________ School District No. ____, petition that the question of (establishing, eliminating) school board representation areas be submitted to the voters of this school district for their approval or rejection pursuant to SDCL  13-8-3.
The balance of this petition form is as prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  13-8-3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:44 - Form of petition for referring the discontinuance of an attendance center

Current through Register Vol. 51, page 10, July 15, 2024
The petition for referring the discontinuance of an attendance center shall be in the following form:
SCHOOL DISTRICT ATTENDANCE CENTER DISCONTINUANCE
REFERENDUM PETITION
WE, THE UNDERSIGNED qualified voters of the ________________ School District No. ____, petition that the following decision regarding the discontinuance of an attendance center, as passed by the school board of that district, be submitted to the voters of the district for their approval or rejection pursuant to law.
(Here insert the school board decision regarding the discontinuance of an attendance center and the date of its passage.)
The balance of this petition form is as prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  13-23-3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:45 - Form for precinct committeeman or committeewoman

Current through Register Vol. 51, page 10, July 15, 2024
The statement for precinct committeeman or committeewoman shall be in the following form:
Precinct Committeeman or Committeewoman Statement
I, _______________________, of ______________ County, declare myself a candidate for the position of ________________ (insert party) Party Precinct ____________ (insert committeeman or committeewoman) for Precinct No. _________ . My mailing address is ________________, __________, SD ________ my residence address is ___________________, ___________, SD ________, my email address is __________, and my telephone number is _______________.
I understand that to be a Precinct Committeeman or Committeewoman, I am a resident of the precinct, I am a registered voter of the political party named above at the time I sign this statement, and if elected, will serve in the office.
I certify all of the above information to be true.
Print Name ______________________________
Date ____________
Signature _______________________________
Telephone Number __________________
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  12-5-4,  12-6-3.2,  12-5-4.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:08 - Petitions › Section 5:02:08:46 - Form of petition for a school board to implement a school sentinel program

Current through Register Vol. 51, page 10, July 15, 2024
The petition for implementing a school sentinel program shall be in the following form:
PETITION FOR IMPLEMENTING A SCHOOL BOARD SENTINEL PROGRAM
WE, THE UNDERSIGNED qualified voters of the _______________ School District No. ____, petition that the question of implementing a school board sentinel program be submitted to the voters of this school district for their approval or rejection pursuant to SDCL  13-64-7.
(Add school board decision regarding the sentinel program and date of passage here)
The balance of this petition form is as prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9(7).
Law Implemented:
SDCL  13-64-7,  13-64-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:01.01 - Notice of testing automatic tabulating equipment

Current through Register Vol. 51, page 10, July 15, 2024
The notice of testing the automatic tabulating equipment shall be in the following form:
NOTICE OF TESTING AUTOMATIC TABULATING EQUIPMENT
(This notice must be given at least one week prior, but not more than ten days prior, to the date of testing and posted in the same manner as a public meeting agenda, pursuant to §1-25-1.1)
Notice is hereby given to the public, the county chairs of the Republican Party, _____________, Democrat Party __________, Libertarian Party ______, Independent Candidate(s) __________, candidates with no party affiliation ___________, and Ballot Question Committees __________ that the automatic tabulating equipment will be tested to ascertain that it will correctly count the votes for all offices and measures that are to be cast at the ______________ election held on the _____ day of __________,______.
The test will be conducted on the _____ day of __________,______, at ______o'clock (a.m.) (p.m.) at the following location: ______________________________________________.
Dated this _____ day of __________,______.
__________________________
Person in charge of election
General Authority:
SDCL  12-1-9(3).
Law Implemented:
SDCL  12-17B-5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:01.02 - Test of tabulating equipment

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge of the election shall conduct tests of the automatic tabulating equipment as required in SDCL  12-17B-5 and  12-17B-12. The tests shall be conducted by processing a preaudited group of ballots in a test deck marked to record a predetermined number of valid votes for each candidate and each measure. A tally sheet shall be created prior to the machine count to fully show how the sample of ballots is marked and what the machine vote totals must be to prove an errorless count. If more than one ballot is used in the election, a test deck shall be made for each ballot that is unique in any way. The test deck(s) shall include for each office and ballot question:
(1) One or more ballots with a vote for each candidate and each side of a ballot question;
(2) One or more ballots which have votes in excess of the number allowed by law for each office and question; and
(3) One or more ballots which contain an undervote.
At least twenty-five test ballots shall be included in the total of all test decks. Individual test decks for individual ballots shall be of sufficient size to prove the accuracy of the system. If absentee ballots are to be received folded, at least ten percent of the test ballots in any individual test deck shall be similarly folded. The person conducting the test of the tabulating equipment shall date and sign the printout, verifying that the results of the machine's printed paper vote totals exactly match the tally sheet from which the sample of ballots was marked. The test deck(s), tally sheet, and signed printout must be secured and retained with the official ballots.
The test procedure shall include the processing of at least one ballot completely blank to verify that the machine is correctly configured according to SDCL  12-17B-13.1.
If more than one tabulating machine is to be used in the election, each machine shall be fully tested according to the ballot(s) which each machine will be used to count in the election.
In addition to these tests, any test deck may be processed any time before or after completion of the official count.
General Authority:
SDCL  12-17B-17(3)
Law Implemented:
SDCL  12-17B-5,  12-17B-12
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:01.03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  12-17B-17.
Law Implemented:
SDCL  12-17B-5,  12-17B-12.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:01.04 - Sealing tabulating equipment

Current through Register Vol. 51, page 10, July 15, 2024
After the automatic tabulating equipment produces an errorless count during a test, the person in charge of the election must seal the equipment as follows, according to the type of machine used in the election:
(1) DS200:
(a) Open the access door using your black barrel key and insert the election definition USB flash drive in the port labeled "B". Secure the flash drive with a wire seal;
Click
				  here to view image
(b) Close the access door and lock with a medium barrel key. Affix a label seal over the place where the access door meets the body of the machine;
Click
				  here to view image
(c) Open up the rear compartment located on the top, back left area of the DS200 behind the screen. Place a backup USB flash drive in the available port. Thread a wire seal through both the backup USB flash drive and the loop provided to secure the flash drive;
Click
				  here to view image
(d) Ensure that the rear access door is locked with a medium barrel key and affix a label seal over the place where the rear access door meets the body of the machine. The rear access door covers the backup USB flash drive;
Click
				  here to view image
(e) Close the touch screen display and secure the lock with a medium barrel key. Affix a label seal vertically over the place where the main section of the unit meets the touch screen display display; and
Click
				  here to view image
(f) Affix a second label seal over the seam where the top of the unit joins to the base;
Click
				  here to view image
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:02 - Approval of automatic tabulating systems required before distribution

Current through Register Vol. 51, page 10, July 15, 2024
Prior to distribution in South Dakota, a company or corporation dealing in automatic tabulating or electronic ballot marking systems shall give written notice to the state board of elections and demonstrate that its system complies with SDCL  12-17B-2 and § 5:02:09:02.01 or 5:02:09:02.03 and is certified as fulfilling the requirements of the most current Election Assistance Commission voting system standards by an independent test authority accredited by the Election Assistance Commission. If the State Board of Elections approves the system, it shall issue a certificate of approval.
Any changes or modifications in an approved automatic tabulatingor electronic ballot marking system may be certified by the State Board of Elections with or without the demonstration described in this section for initial approval. The modification for the already approved system must have been certified as fulfilling the requirements of the most current Election Assistance Commission voting system standards by an independent test authority accredited by the Election Assistance Commission or been certified to meet the national standard by another state. Any change or modification determined to be de minimis by the independent test authority does not need state board of elections certification.
General Authority:
SDCL  12-17B-17(1).
Law Implemented:
SDCL  12-17B-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:02.01 - Criteria for approving automatic tabulating systems

Current through Register Vol. 51, page 10, July 15, 2024
Before the State Board of Elections grants a certificate of approval, the following automatic tabulating equipment capabilities of an electronic voting system must be demonstrated to the board or its designee. The board shall deny a certificate of approval for automatic tabulating equipment which as demonstrated does not fulfill the following requirements:
(1) It enables the voter to vote in absolute secrecy;
(2) It enables the voter to vote a ticket selected from all the candidates;
(3) It rejects all of a voter's votes for any office or on any measure if the voter has cast more votes for the office or the measure than the voter is entitled to;
(4) It accommodates all measures to be submitted to the voters in the form provided by law;
(5) It processes 3,000 ballots at a rate of 15 ballots a minute for a central counting unit;
(6) It processes 750 ballots at a rate of 10 ballots a minute for a precinct counting unit;
(7) It allows no more than one percent of ballots to be rejected by the machine because of ballot feeding errors during a demonstration; and
(8) It accurately counts every ballot for each position voted.
The ballots for testing must contain at least ten contests. The ballots for processing must be at least 90 percent fully voted with the remainder containing overvoted and undervoted ballots. At least 2 percent of the ballots to be tested must be folded in the same manner as absentee ballots.
General Authority:
SDCL  12-17B-17.
Law Implemented:
SDCL  12-17B-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:03 - Number of voting booths

Current through Register Vol. 51, page 10, July 15, 2024
In counties where automatic tabulating systems are used, the county auditor shall provide at least one voting booth for each 100 votes cast at the last comparable election.
General Authority:
SDCL  12-17B-17.
Law Implemented:
SDCL  12-17B-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:04.05 - Election day test of electronic ballot marking system

Current through Register Vol. 51, page 10, July 15, 2024
Prior to the opening of the polls, the precinct superintendent must test the electronic ballot marking system for proper operation using the following procedure:
(1) Use only the test ballots provided by the person in charge of the election which are labeled "TEST BALLOTS";
(2) Mark at least two "TEST BALLOTS" using the electronic ballot marking system by selecting various candidates and ballot questions using the touchscreen, keypad, and headphones;
(3) You must successfully mark two "TEST BALLOTS" before allowing voters to use the electronic ballot marking system;
(4) If the test is not successfully completed, open the polls at 7:00 a.m. No voter may use the electronic ballot marking system until the test is successfully completed.
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL 12-18-1.6.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:09 - Unnecessary items in the pollbook

Current through Register Vol. 51, page 10, July 15, 2024
Electronic voting precincts do not need tally sheets, official vote count sheet, or the oath or certificate of the counting board in the pollbook.
General Authority:
SDCL  12-1-9,  12-17B-17.
Law Implemented:
SDCL  12-17B-13.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:11 - Official and unofficial election results

Current through Register Vol. 51, page 10, July 15, 2024
The unofficial returns shall include the date and name of election, identification of the jurisdiction, precinct, names of candidates, offices sought, political party affiliation, ballot issues, and votes counted.
The unofficial returns are considered certified as the "Official Returns" upon completion of the review performed by the canvassing board designated for the election of the voting jurisdiction and signed and sealed by the person in charge of the election.
General Authority:
SDCL  12-17B-17.
Law Implemented:
SDCL  12-17B-13.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:13 - Envelope for official returns

Current through Register Vol. 51, page 10, July 15, 2024
The returns printed from the tabulating or accumulation equipment shall be sealed in a manila envelope clearly labeled "Final Unofficial Returns" and kept with the pollbook until the meeting of the county canvassing board.
General Authority:
SDCL  12-1-9(4),  12-17B-17(2).
Law Implemented:
SDCL  12-17B-13.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:14 - Oath by tabulation center employees

Current through Register Vol. 51, page 10, July 15, 2024
The oath that the tabulation center employees take and subscribe to shall be in the following form:
OATH BY TABULATION CENTER EMPLOYEES
I, ________________________, do solemnly swear that I will perform the duty of tabulating the ballots according to law and the best of my ability and that I will studiously endeavor to prevent fraud, deceit, and abuse in tabulating the ballots I am about to count.
(Signed)________________________________
Subscribed and sworn to before me this _____ day of __________, 20____.
_______________________________________
(Person in Charge of Election or Deputy)
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-17B-11.