Title 12, ELECTIONS
34 chapters · 650 sections in this title.
SDCL § 12-13-1 Delivery of proposed questions to county auditors--Attorney general's explanation
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The secretary of state, at least twelve weeks prior to the general election, shall deliver to each county auditor a certified copy of each initiated measure, referred law, or proposed amendment to the Constitution to be voted on at the election, together with a statement, title, …
SDCL § 12-13-1.1 Requirements for elections beginning in 2018
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The provisions of §§ 12-13-1 , 12-13-9 , 12-13-23 , and 12-13-25.1 apply to any recitation prepared for an initiated amendment to the Constitution, initiated measure, and referred law certified to appear on a ballot beginning with any election in 2018. Source: SL 2018, ch 77 , § …
SDCL § 12-13-16 Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor
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Any person knowingly printing, publishing, or delivering to any voter of this state a document containing any purported constitutional amendment, question, law, or measure to be submitted to the voters at any election, in which such constitutional amendment, question, law, or mea…
SDCL § 12-13-2 Measures and questions to be sent to official newspapers
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The county auditor shall, on or before the first day of October of each year in which there is a general election, send by electronic transmission or mail to each official newspaper of the county a copy of all measures and questions as certified pursuant to § 12-13-1 . Source: SL…
SDCL § 12-13-23 Distribution of public information
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The secretary of state shall distribute public information on any amendment to the Constitution, initiated measure, or referred law submitted to the electors for approval. The secretary of state shall compile the public information by printing a statement in support of the amendm…
SDCL § 12-13-24 Style, form, and wording of initiative or initiated amendment
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Each initiative or initiated amendment to the Constitution shall be written in a clear and coherent manner in the style and form of other legislation. Each initiative or initiated amendment to the Constitution shall be worded so that the effect of the measure is not misleading or…
SDCL § 12-13-25 Review and comment--Legislative Research Council--Opinion
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The sponsors of each initiated measure or initiated amendment to the Constitution shall submit a copy of each version of the initiated measure or initiated amendment to the Constitution to the director of the Legislative Research Council for review and comment not more than six m…
SDCL § 12-13-25.1 Petition-initiated measure or constitutional amendment--Attorney general's statement--Contents--Process--Ballot language
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Following receipt of the written comments of the director of the Legislative Research Council, the sponsors shall submit a copy of the proposed initiated measure or initiated amendment to the South Dakota Constitution in final form to the attorney general, the secretary of state,…
SDCL § 12-13-25.2 Exception to time for director's comments
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If the director of the Legislative Research Council receives any initiated measure or initiated amendment to the Constitution from the first day of December to the day of adjournment sine die of the following legislative session, inclusive, the director shall provide written comm…
SDCL § 12-13-26 Unreviewed initiatives or initiated amendments unacceptable--Uncertified initiated amendments unacceptable
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The secretary of state may not accept any initiative or initiated amendment to the Constitution unless such initiative or initiated amendment to the Constitution has been submitted to the director of the Legislative Research Council and the director has reviewed and commented on …
SDCL § 12-13-26.1 Initiated or proposed constitutional amendment--Single subject or revision determination by secretary of state--Certification
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Upon receiving a proposal for an amendment to the Constitution, whether initiated by petition or proposed by a joint resolution of the Legislature, the secretary of state shall determine if the proposal embraces more than one subject in violation of S.D. Const., Art. XXIII, § 1, …
SDCL § 12-13-26.2 Appeal of determination--Time limits--Promulgation of court rules
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If the secretary of state does not certify a proposal for an initiated amendment to the South Dakota Constitution pursuant to § 12-13-26.1 or an initiated measure pursuant to § 12-13-26.3 , any interested party may directly appeal the secretary of state's decision to the Supreme …
SDCL § 12-13-26.3 Initiated measure--Single subject compliance--Secretary of state determination--Certification--Publication--Resubmission
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Upon receiving a proposal for an initiated measure, the secretary of state shall determine if the proposal embraces more than one subject, in violation of S.D. Const., Art. III, § 21. If the secretary of state determines that the proposed initiated measure complies with the singl…
SDCL § 12-13-27 Special elections for constitutional amendments--Procedural changes--Reimbursement of costs
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Notwithstanding any other provision of law, the Legislature may set a date for a special election for a statewide vote on any constitutional amendment proposed by the Legislature, pursuant to S.D. Const., Art. XXIII, §§ 1 and 3, and may provide in its resolution proposing such co…
SDCL § 12-13-28 Employment and compensation of petition circulators
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No person may employ, reward, or compensate any person to circulate a petition for an initiated measure, referred law, or proposed amendment to the South Dakota Constitution based on the number of registered voters who signed the petition. Nothing in this section prohibits any pe…
SDCL § 12-13-3 Newspaper publication of submitted questions--Compensation--Suspension of status on failure to publish--Election valid despite refusal to publish
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It shall be the duty of each official newspaper of the county to publish once not less than two nor more than four weeks prior to each general election full copies of that material supplied pursuant to § 12-13-2 , and for such publication such newspaper shall receive compensation…
SDCL § 12-13-4 Lettering and numbering of submitted questions
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Beginning with the 2004 general election and each election thereafter, each constitutional amendment shall be consecutively designated by a letter until each letter of the alphabet has been used for purpose of preparing the official ballots and notices. If all the letters have be…
SDCL § 12-13-9 Constitutional amendment proposed by Legislature or referred law--Attorney general's statement--Contents--Ballot language
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The attorney general shall deliver a statement for each amendment to the South Dakota Constitution proposed by the Legislature and referred law from an odd year to the secretary of state before the third Tuesday in May, in the year of the election. The attorney general shall deli…
SDCL § 12-13-9.1 Availability of attorney general's explanation of proposed questions
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The secretary of state shall, immediately upon delivery from the attorney general, make the attorney general's statement for each proposed amendment to the Constitution, each initiated measure, and each referred law available to any person upon request. Source: SL 2006, ch 67 , §…
SDCL § 12-13-9.2 Action to challenge adequacy of attorney general's statement--Appeal--Time limits
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If the proponents or opponents of a proposed amendment to the Constitution, initiated measure, or referred measure believe that the attorney general's statement does not satisfy the requirements of § 12-13-9 or § 12-13-25.1 , they shall, within seven days of delivery of the state…