Title 2 — LEGISLATURE AND STATUTES

Whenever the Congress of the United States of America shall propose an amendment to the Constitution of the United States and shall propose that the same be ratified by conventions in the respective states, a convention shall be held as provided for herein, for the purpose of rat…

The electors may vote for all of the candidates either in favor of or those opposed to the ratification of said amendment, by putting a cross (  ) or check mark (  ) in the circle at the head of the names in the column under the designation "In Favor of" the ratification, or in…

The delegates so elected shall meet at the capitol building in the city of Pierre, on the third Tuesday in the month of January following their election, at two o'clock in the afternoon of said day, and shall constitute a convention to ratify or reject the proposed amendment to t…

A majority of the total number of delegates to the convention shall constitute a quorum. The convention shall have power to choose a president and secretary and all other necessary officers, and to make rules governing the procedure of the convention; such convention shall be the…

Each delegate shall receive five dollars per day for the first five days he is in attendance at said convention, and ten cents per mile for each mile necessarily traveled in going to and returning from said convention. The secretary and other officers shall receive such compensat…

When the convention shall have agreed by a vote of a majority of the total number of delegates present and voting to the ratification or rejection of the proposed amendment, a certificate to that effect shall be executed by the president and secretary of the convention and filed …

If at or about the time of submitting any such amendment, Congress shall either in a resolution submitting the same or by statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the provisions of such statute or resolution such state…

Terms used in §§ 2-15-17 to 2-15-21 , inclusive, mean: (1) "Article V convention," convention for proposing amendments as expressly provided in Article V of the United States of America Constitution; and (2) "Article V application," a joint resolution passed by the State Legislat…

No delegate from South Dakota to an Article V convention has the authority to vote to allow consideration of or vote to approve an unauthorized amendment for ratification to the United States of America Constitution. Any delegate casting a vote to allow consideration or approval …

Every candidate for delegate or alternate from South Dakota to the Article V convention shall take the following oath: "I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate or alternate to an Article V convention, uphold the Constitution and laws …

The secretary of state shall certify in writing to the Article V convention the selection of delegates and alternates, the recall and replacement of any delegate or alternate, and the nullification of unauthorized votes cast by any delegate of South Dakota. Source: SL 2015, ch 2 …

The number of delegates to be chosen to such convention shall be equal to the number of legislative representatives in the State of South Dakota, and each representative district in the state shall constitute a delegate district and be represented in said convention by the same n…

Any delegate who violates the oath contained in § 2-15-18 is subject to a civil fine of not more than five thousand dollars to be levied by the secretary of state and deposited in the state general fund. Source: SL 2015, ch 2 , § 5.

Nothing in §§ 2-15-16 to 2-15-20 , inclusive, authorizes the State of South Dakota to participate in any Article V convention in which each of the states does not possess one vote equal to the other states. Source: SL 2015, ch 2 , § 6.

The delegates shall be elected at the next general election succeeding the proposal of any amendment to the Constitution of the United States by the Congress of the United States, and except as otherwise herein provided the nomination and election of such delegates shall in all r…

Nomination of candidates for the office of delegate shall be by petition signed by not less than two nor more than five percent of the duly qualified electors of the district respectively in which the candidate or candidates reside, as shown by the total vote cast for the success…

It shall be the duty of the secretary of state, as soon as the time for filing nominating petitions in his office has expired, to immediately certify to the several county auditors of the state the names of the persons in whose behalf nominating petitions have been filed as a can…

The county auditor shall, after certification by the secretary of state, immediately prepare and have printed official primary election ballots for all delegates, nominated upon a separate ballot, without party or political designation, in substance as follows: __________________…

Said official ballots and sample ballots shall be provided in the same manner as the official primary election ballots are supplied, pursuant to the provisions of chapter 12-6 . Separate ballots shall be delivered to all electors of whatever party or designation at the biennial p…

The secretary of state in the preparation of the ballots for the succeeding general election shall certify to the county auditors of said legislative districts respectively the names of the successful candidates, designating those who are in favor of the ratification of the amend…

Said ballot shall be submitted to the electors of the State of South Dakota in the same manner and at the same time as the official ballots for the general election are now submitted; and the same shall be canvassed and certified by the judges of election and the state canvassing…