Title 12 — ELECTIONS

In a primary election at which candidates for judicial office are to be nominated, the name of each candidate must be placed on the official primary election ballot, as prescribed by the State Board of Elections, in the order designated by the secretary of state, without any part…

Source: SL 1921, ch 224 , § 5; SL 1925, ch 162 , § 2; SDC 1939, § 16.0305; SL 1974, ch 118 , § 43; repealed SL 1976, ch 107 , § 4; re-enacted SL 1976, ch 105 , § 23; SL 2026, ch 69 , § 3, eff. Mar. 5, 2026.

The nominees shall be those persons constituting twice the number of persons to be elected receiving the highest number of votes in the primary election. Source: SL 1921, ch 224 , § 5; SL 1925, ch 162 , § 2; SDC 1939, § 16.0305; SL 1968, ch 143 , § 4; SL 1974, ch 118 , § 44.

Whenever after nominations have been made under the provisions of this chapter and the number of nominees for a judicial office shall be reduced through death, withdrawal, or disqualification of a nominee or nominees for such office, the registered voters of the district or circu…

12-9-3

Any personally identifiable information filed pursuant to this chapter with the Office of the Secretary of State by or on behalf of any candidate for the office of judge of the circuit court or a justice of the Supreme Court subject to a retention election is not open to public i…

12-9-3.1 Individual judicial positions designated by secretary of state. 12-9-4 Filing of nominating petitions--Number of signatures--Form and contents. 12-9-5

The secretary of state shall designate each individual judicial position to be filled by election. The position that is assigned to an individual judge is assigned also to the judge's successor in office. A candidate for circuit court shall indicate the specific position for whic…

Nominating petitions for judicial office filed pursuant to this chapter shall state the judicial position sought, using the designations established pursuant to § 12-9-3.1 , which shall be filed in the Office of the Secretary of State within the time prescribed by § 12-6-4 and sh…

12-9-6 Party references prohibited in petitions filed. 12-9-7

In any petition filed by or on behalf of any candidate for nomination to judicial office at any primary election or any attachment thereto no reference shall be made to any party ballot or to the party affiliation of such candidate. Source: SL 1921, ch 224 , § 3; SDC 1939, § 16.0…

12-9-8 Primary not required if no more than two candidates for each position. 12-9-9

When nominating petitions are filed on behalf of candidates not to exceed twice the number of persons for the number of judicial positions to be filled, the names of such persons need not be placed upon the primary ballot but such persons shall be the nominees for such positions.…

12-9-10 Order of listing candidates on ballot--Arrangement by lot--Right to be present. 12-9-11

If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such va…

If a vacancy occurs in the office of representative in the United States Congress due to extraordinary circumstances as defined in 2 USC Chapter 1 § 8 as of January 1, 2008, the Governor shall immediately issue a proclamation calling and setting the date for a special election to…

The proclamation issued pursuant to § 12-11-1 or 12-11-1.1 shall be filed with the secretary of state who shall, if a special election is called for, notify each county auditor and the chair of each political party recognized pursuant to chapter 12-5 of the date and purpose of th…

If the date of the special election conducted pursuant to § 12-11-1.1 requires that absentee ballots cast by absent uniformed services voters or overseas voters arriving after election day be counted as required by 2 USC Chapter 1 § 8 as of January 1, 2008, these absentee ballots…

Each party nomination and independent petition shall be filed with the secretary of state not less than forty-five days preceding any election which is not combined with a primary or general election. If the election is conducted with a primary election, each party nomination and…

Pursuant to the Seventeenth Amendment to the Constitution of the United States of America, the Governor may fill by temporary appointment, until a special election is held pursuant to this chapter, vacancies in the office of senator in the Senate of the United States. Source: SL …

The special election to fill the vacancy of a senator shall be held at the same time as the next general election. The general election laws shall apply unless inconsistent with this chapter. Source: SL 1979, ch 99 , § 2.

No special election, to fill a vacancy, may be held if the term of office of the appointed senator expires in the month of January immediately following the next general election that would occur after the vacancy. Source: SL 1979, ch 99 , § 3.

If a vacancy occurs within ninety days of the next general election, the special election to fill the vacancy shall be held concurrently with the general election to be held two years later. Source: SL 1979, ch 99 , § 4.

Nominations of candidates for the special election for senator shall be conducted pursuant to chapter 12-6 . If a vacancy occurs within ninety days of the date of the primary election, or between the primary election and at least ninety days prior to the general election, the pro…

If a vacancy for an unexpired term is to be filled by an election pursuant to § 3-4-6 and the vacancy occurs after the first notice of filing deadline is published pursuant to § 12-12-1 , the county auditor shall give notice of the vacancy to be filled in each official newspaper …

The secretary of state shall maintain a list of candidates approved to appear on the ballot in a statewide primary, general, or special election. The list must be updated as new candidates are approved, withdrawn, or otherwise removed from the ballot. The list must provide the ca…

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, …

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 , § …

12-13-11 Repealed. 12-13-12 12-13-12 to 12-13-15. Repealed by SL 1974, ch 118 , § 200. 12-13-16 Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor. 12-13-17 12-13-17 to 12-13-22. Repealed by SL 1974, ch 118 , § 200. 12-1…

Source: SL 1897, ch 60 , § 27; SL 1899, ch 80 , § 1; SL 1899, ch 93 , § 4; RPolC 1903, §§ 24, 1911; SL 1911, ch 87 , § 2; SL 1913, ch 107 , § 2; SL 1915, ch 181 , §§ 1, 2; RC 1919, §§ 7216, 7217; SL 1921, ch 219 ; SDC 1939, §§ 16.1302, 16.1303; SDCL, § 12-13-17; SL 1974, ch 118 ,…

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…

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 §

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…

The director must provide, with the written comments, a written opinion to the sponsors, the attorney general, and the secretary of state as to: (1) If an initiated measure, whether the initiated measure embraces only one subject under S.D. Const., Art. III, § 21; or (2) If an in…

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…

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,…

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…

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 …

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, …

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 …

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…

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…

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…

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…

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…

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…

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 , §…

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…

Unless as otherwise provided under § 12-13-25.2 , not more than fifteen workdays following receipt of an initiated measure or initiated amendment to the Constitution, the director shall provide written comments on the initiated measure or initiated amendment to the Constitution t…

The approval of the new polling place may be made by the board of county commissioners during a conference call meeting. Notice of the new polling place shall be conspicuously posted at the old polling place location. The county auditor shall also provide notice through the local…