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South DakotaSB 101101st South Dakota Legislature (2026)Senate

amend provisions pertaining to the duties of presidential electors.

Sponsored By: Hulse, Amber (Republican), Reimer, Rebecca (Republican)

Signed by Governor

Code CommissionElections

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

South Dakota electors face firm deadlines

The Governor must issue an official list of electors at least six days before the meeting day set by Congress. On that day, electors must notify the Governor before 11 a.m. Central Time that they are at the state government seat and ready. The Governor then gives those present a certificate listing their names; electors meet there at noon Central Time. After replacements are chosen, the Governor must immediately issue an updated list; the Secretary of State acts if the Governor is absent. Every elector on the final list must sign the vote certificate, which is sent immediately with the final list as federal law requires.

South Dakota sets elector replacement steps

Before the meeting, the nominating party's state chair can offer up to three available replacements for an elector vacancy. The remaining electors vote to fill it. If one listed elector fails to appear by 9 a.m. Central Time on meeting day, the others choose a replacement by ballot. The Governor breaks ties in their presence; the Secretary of State acts if the Governor is unavailable or an elector. If two listed electors fail to appear, the Governor appoints one replacement, and the electors fill the remaining vacancy by ballot. If none appear, the Governor appoints one elector, who immediately appoints a second; those electors immediately fill the last vacancy by ballot. The Secretary of State makes these appointments if the Governor is unavailable. Each replacement's name must be certified to the Governor immediately; the Governor, or Secretary of State if absent, notifies them to attend.

South Dakota electors must back winners

Elector nominees must sign voting pledges and submit them with their names to the Secretary of State. Party nominees pledge support for their party's presidential and vice-presidential candidates; independent-candidate electors pledge support for that candidate and running mate. Electors must vote for the presidential and vice-presidential candidates whose slate won the most votes in South Dakota. Between the general election and elector meeting, a winning candidate can withdraw, die, or become unable to serve because of permanent disability. Electors must then support the replacement chosen under that candidate's party bylaws. An elector loses the position for refusing to vote or attempting a blank ballot or unauthorized candidate vote; those ballots do not count. Death, resignation, failure to qualify, or failure to appear also creates a vacancy; electors can resign by letter to the Secretary of State.

Sponsors & Cosponsors

Sponsors

  • Hulse, Amber

    Republican • Senate

  • Reimer, Rebecca

    Republican • House

Cosponsors

  • Deibert, Randy

    Republican • Senate

  • Emery, Eric

    Democratic • House

  • Goodwin, Tim

    Republican • House

  • Jensen, Kevin D.

    Republican • Senate

  • Larson, Liz

    Democratic • Senate

  • Perry, Carl

    Republican • Senate

  • Voight, Curt

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 120 • No: 0

House vote • 2/26/2026

Do Pass Amended

Yes: 66 • No: 0

House vote • 2/25/2026

Do Pass

Yes: 12 • No: 0

Senate vote • 1/28/2026

Do Pass Amended

Yes: 34 • No: 0

Senate vote • 1/26/2026

Do Pass Amended

Yes: 8 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/5/2026Senate

  2. Delivered to the Governor

    3/4/2026Senate

  3. Signed by the Speaker

    3/3/2026House

  4. Signed by the President

    3/2/2026Senate

  5. Do Pass Amended

    2/26/2026House

  6. Do Pass

    2/25/2026House

  7. Scheduled for hearing

    2/25/2026House

  8. Referred to

    2/2/2026House

  9. First Reading House

    1/29/2026House

  10. Do Pass Amended

    1/28/2026Senate

  11. Certified uncontested, placed on consent

    1/26/2026Senate

  12. Do Pass Amended

    1/26/2026Senate

  13. Motion to amend

    1/26/2026Senate

  14. Scheduled for hearing

    1/26/2026Senate

  15. First read in Senate and referred to

    1/20/2026Senate

Bill Text

  • Introduced

    1/20/2026

    PDF

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