Title 12 — ELECTIONS

If a voter's registration is canceled, pursuant to § 12-4-61 , the voter may appeal the auditor's decision to the board of county commissioners or circuit court. Any decision of the board may be appealed to the circuit court. Source: SL 2025, ch 61 , § 5.

Records of an application of correction filed pursuant to § 12-4-60 must be retained by the county auditor for at least twenty-two months. Thereafter, if the auditor chooses to destroy the records, the records must be destroyed in a secure manner. Source: SL 2025, ch 61 , § 6.

12-4-7.1

12-4-7.2 Duty to ensure completion of registration cards. 12-4-7.3 12-4-7.3 , 12-4-7.4. Repealed by SL 1994, ch 107 , §§ 10, 11. 12-4-8 Records prescribed by state board--Information required. 12-4-8.1 Postcard requests for absentee ballots under federal law--Indexing and furnish…

Any local, state, or federal agency staff person who registers a voter shall ensure that the registration card, as prescribed by the State Board of Elections, is filled out completely. Source: SL 1975, ch 119 , § 14; SL 1976, ch 105 , § 5; SL 1978, ch 94 , § 2; SL 1985, ch 107 , …

For the purpose of expediting work of the county auditor, to promote uniformity in registration, and for the preparation of abstracts and other forms to be used by election boards, registration records shall be prescribed by the State Board of Elections. The State Board of Electi…

In lieu of forms for registration prescribed under § 12-4-8 , requests for absentee ballots submitted in accordance with the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023, are sufficient for registration purposes. The county…

Any voter whose name appears in the master registration file who makes written application to the county auditor for a duplicate acknowledgment notice, who has not received one or who has lost it, may receive a true copy of the card on file. Source: SL 1970, ch 86 , § 8; SDCL Sup…

The county auditor shall maintain and safeguard a digital master registration file that contains: (1) The information from the voter registration card of each individual registered to vote in the county; (2) The date of the last election at which the individual has voted; (3) The…

12-4-9.2 Secured active designation. 12-4-9.3 Voter registration records of judicial officers not a public record. 12-4-10 Precinct registration lists--Contents--Entries. 12-4-10.1 Registration lists furnished to federal court for jury selection--Return of lists to auditor. 12-4-…

A person eligible to vote under § 12-4-1 may apply to the secretary of state to be listed in the master registration file with a secured active designation. The secretary of state shall certify a secured active designation if an applicant provides a sworn application that affirms…

Home address information on the voter registration record for a magistrate judge, circuit court judge, or justice of the Supreme Court eligible to vote under § 12-4-1 is not open to public inspection. The Unified Judicial System shall provide a list of judicial officers to the se…

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…

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 …

12-5-1.3 Notice to county auditors of party rules affecting elections. 12-5-1.4 Nominating petitions of new party primary candidates. 12-5-1.5 Organization and dissolution of political party without candidate for United States Senate, United States House of Representatives, Gover…

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.

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 §

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 lat…

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 on…

12-5-11 12-5-11 , 12-5-12. Repealed by SL 1974, ch 118 , § 200. 12-5-13 Precinct committeemen elected by plurality at primary--Term of office. 12-5-14 County central committee--Composition--Organization--Certification of party officials. 12-5-15 Vacancies filled by county central…

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 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 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 , § …

12-5-17 Biennial state conventions--Time and place--Notice to secretary of state. 12-5-18 Voting by delegates to state convention. 12-5-19

Each political party shall hold a state convention in each even-numbered year for the purposes stated in §

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 candi…

12-5-20

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 e…

12-5-21 Nomination of state candidates not nominated by primary--Presidential electors and national committee members. 12-5-21.1 Certification of candidate for lieutenant governor--Withdrawal--Ballot placement--Promulgation of rules--Forms. 12-5-22 Majority required for nominatio…

In a year when the Governor is to be elected, the delegates selected to participate in the state convention shall nominate candidates for attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and public utilities commission…

A candidate for Governor shall nominate a candidate for lieutenant governor by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's nomi…

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 la…

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 Secre…

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:…

12-5-3.11 Primary election of national convention delegates and alternates--Grouping of names on nominating petition--Statement of preference. 12-5-3.12 Preference of first nominating petition filed--One slate per candidate--Petitions rejected for noncompliance--Verified notice o…

If the bylaws of a political party do not prescribe a method of selecting a slate of delegates and alternates to the party's national convention, the slates of delegates and alternates to the national convention must be elected by the primary. The number of candidates comprising …

Under a petition filed under § 12-5-3.11 , the first nominating petition filed indicating a preference choice for any given person for President of the United States shall give the slate listed thereon the exclusive right to have their names appear on the ballot in preference of …

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.

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 primar…

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.

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 conventio…

12-5-4 Statement filed by candidates for precinct committeeman or committeewoman--Time of filing--Contents--Effect. 12-5-4.1 Unopposed candidate for precinct committee automatically elected. 12-5-4.2 Precinct committee election--Information and results to secretary of state--Webs…

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. 12-5-3.7. …

12-5-3.8 Certification of candidates or slates for primary--Placement on ballot--Selection process without primary. 12-5-3.9 Certification of candidates or slates by state chairperson--Mandamus to compel certification--Hearing. 12-5-3.10

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 …

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 mand…

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…

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.

A county auditor shall forward to the secretary of state: (1) The name of each candidate for precinct committeeman or committeewoman, upon the filing of the candidate's statement pursuant to § 12-5-4 ; (2) The results of each election for precinct committeeman or committeewoman h…

The county auditor shall include on the official ballot for a primary election the name of each candidate for precinct committeeman or precinct committeewoman, in the manner prescribed by the State Board of Elections. Source: SL 1929, ch 118 , § 10; SL 1931, ch 146 ; SL 1937, ch …