Title 12 — ELECTIONS

Where the nominating petitions have been filed with the secretary of state, a contest affecting such candidates shall be brought in and determined by the Supreme Court in the same manner. Source: SL 1937, ch 123 ; SDC 1939, § 16.0239.

Such contest may be instituted, in the case of a presidential elector, by any one or more of a group of candidates for election as such electors, or by the chairman of the State Central Committee of any political party, which had on the ballot candidates duly nominated for such p…

Any such contest, except as to the election of presidential electors, shall not be commenced until after the official canvass of the returns as to the office, nomination, position, or question involved; and must be commenced within ten days thereafter, except that where upon a re…

Any such contest as to the election of presidential electors shall not be instituted at any time after the expiration of the time limit prescribed by §

Original jurisdiction over such contests shall be as follows: (1) As to contests involving state offices, or judicial officers in the Supreme Court; (2) As to all other contests, in the circuit court of a county which includes the locality where the election or some part thereof …

Such contest shall be deemed commenced upon the filing with the clerk of the court of a summons and complaint, which complaint shall be duly verified, and set forth a concise statement of the facts on which the contest is based. The summons shall be in the same form as the summon…

Forthwith upon the filing of the summons and complaint, the same shall be served on the defendant or defendants, or on such other persons as may be required by §§ 12-22-11 to 12-22-15 , inclusive. If such filing is within the time prescribed by §§ 12-22-5 and 12-22-6 , such servi…

Each elector of President and vice president of the United States shall, before the hour of eleven o'clock in the morning of the day fixed by the act of Congress to elect a President and vice president, give notice to the Governor that he is at the seat of government and ready at…

If any elector named in the Governor's certificate fails to appear before nine o'clock in the morning of the day of election of President and vice president as aforesaid, the electors there present shall immediately proceed to elect by ballot, in the presence of the Governor, a p…

Immediately after such choice is made, the name of the person so chosen shall forthwith be certified to the Governor by the electors making such choice; and the Governor shall cause notice to be immediately given, in writing, to the elector chosen to fill such vacancy; and the pe…

The electors of President and vice president shall, at twelve noon on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this state and then and there perform the duties enjoined upon them by the Constitution and laws of th…

The electors shall receive the same compensation per diem and the same mileage as members of the Legislature. Source: SL 1890, ch 84 , § 16; RPolC 1903, § 1964; RC 1919, § 7327; SDC 1939, § 16.1604. Effective July 1, 2026

Each presidential elector nominated pursuant to § 12-5-21 shall execute the following pledge upon nomination: "If selected for the position of presidential elector, I agree to serve and to mark my ballots for the candidates nominated for the offices of president and vice presiden…

At least six days before the day designated by Congress for the election of the president and vice president of the United States, the Governor shall issue a certificate of ascertainment of appointment. The Governor shall certify the names of the individuals chosen at the general…

Before eleven a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, each presidential elector shall notify the Governor that the elector is: (1) At the seat of government; and (2) Ready to perform the duties…

The office of presidential elector becomes vacant if the elector: (1) Dies; (2) Resigns; (3) Fails to qualify, as provided by law; (4) Fails to appear at the designated time and place of the meeting; (5) Refuses to vote; (6) Attempts to cast a blank ballot; or (7) Except as provi…

If a vacancy occurs before the day of the meeting of the electors, the state chairperson of the political party that nominated the elector must provide a list of up to three alternative electors who are available to be present at the meeting of the electors, from which the remain…

Immediately after the choice of elector is made, the name of the individual chosen to fill the vacancy must be certified to the Governor by the electors making the choice. The Governor shall cause notice to be immediately given, in writing, to the individual chosen to fill the va…

At twelve p.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the presidential electors shall meet at the seat of government of this state and perform the duties enjoined upon them by the Constitution and …

If, between the date of the general election and the date designated by Congress for the election of the president and vice president of the United States, the candidate for the president or vice president whose slate of electors received the highest number of votes in the state'…

The electors shall receive the same compensation per diem and the same mileage as members of the Legislature. Source: SL 1890, ch 84 , § 16; RPolC 1903, § 1964; RC 1919, § 7327; SDC 1939, § 16.1604; SDCL § 12-24-5; SL 2026, ch 74 , § 9.

12-25-13.3 12-25-13.3 to 12-25-14. Repealed by SL 2007, ch 80 , § 43. 12-25-14.1

12-25-14.2

12-25-15

12-25-16 12-25-16 , 12-25-17. Repealed by SL 1975, ch 125 , § 25. 12-25-18

12-25-18.1

12-25-19

12-25-19.1 12-25-19.1 to 12-25-19.3. Repealed by SL 2007, ch 80 , § 43. 12-25-20

12-25-21 12-25-21 , 12-25-22. Repealed by SL 2007, ch 80 , § 43. 12-25-23

12-25-24 12-25-24 to 12-25-26. Repealed by SL 2007, ch 80 , § 43. 12-25-27 Definitions. 12-25-28 Statements by candidates for state or federal office subject to primary--Violation as petty offense or misdemeanor. 12-25-29 Statements by convention nominees for state office--Violat…

Terms as used in this chapter mean: (1) "Any member of the individual's immediate family," a spouse or minor children living at home; (2) "Close economic interest," any enterprise that, in the calendar year preceding the filing of any statement of financial interest under this ch…

Any candidate for the United States Senate, the United States House of Representatives, Governor, circuit court judge, or the Legislature shall file a statement of financial interest with the secretary of state not more than fifteen days after filing the candidate's nominating pe…

Any candidate for lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, or commissioner of school and public lands shall file a statement of financial interest with the secretary of state not more than fifteen da…

Any candidate for United States Senate, United States House of Representatives, Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, commissioner of school and public lands, or state legislator who has…

Any candidate for county commissioner, school board member in a school district with a total enrollment of more than two thousand students, or commissioner, council member, or mayor in any first class municipality, shall file a statement of financial interest with the office at w…

The secretary of state shall prescribe and provide forms for the reporting of close economic interest. The value of a close economic interest need not be reported. Each individual filing a statement of financial interest shall subscribe to an oath or affirmation verifying the con…

Any personally identifiable information contained in a statement of financial interest filed pursuant to this chapter by a candidate for circuit court judge or Supreme Court justice subject to a retention election is not open to public inspection. For purposes of this section, th…

12-25-33 No filing fee for required statements. 12-25-34 Information from reports or statements--Sale or use for solicitation or commercial purpose prohibited--Misdemeanor. 12-25-1 to 12-25-2. Repealed by SL 2007, ch 80 , § 43. 12-25-3, 12-25-4. Repealed by SL 1975, ch 125 , § 25…

No filing fee may be charged for any report required by this chapter. Source: SL 1980, ch 116 .

Any information copied, or otherwise obtained, from any report or statement, or copy, reproduction, or publication thereof, filed with the secretary of state under this chapter, shall not be sold or utilized by any person for the purpose of soliciting contributions, or any commer…

12-25-5 12-25-5 , 12-25-6. Repealed by SL 1975, ch 125 , § 25. 12-25-6.1 12-25-6.1 , 12-25-6.2. Repealed by SL 2007, ch 80 , § 43. 12-25-7 12-25-7 to 12-25-7 .4. Repealed by SL 1976, ch 109 , § 8. 12-25-8

12-25-8.1 12-25-8.1 , 12-25-8.2. Repealed by SL 1976, ch 109 , § 8. 12-25-9 12-25-9 to 12-25-11. Repealed by SL 1975, ch 125 , § 25. 12-25-12 12-25-12 to 12-25-13.1. Repealed by SL 2007, ch 80 , § 43. 12-25-13.2

The word "election" as used in this chapter includes any election held in this state for the purpose of enabling the voters to nominate or elect any United States, state, or local officer, or to vote upon any question submitted to them. Source: PenC 1877, § 90; CL 1887, § 6290; R…

A person who by threats, intimidation, or unlawful force or violence, intentionally hinders or prevents voters from assembling in a public meeting for considering of public questions, or who hinders or prevents any individual voter from attending any such meeting, is guilty of a …

A person who intentionally disturbs or breaks up any public meeting of voters lawfully being held for the purpose of considering public questions is guilty of a Class 2 misdemeanor. Source: PenC 1877, § 74; CL 1887, § 6274; RPenC 1903, § 79; RC 1919, § 3666; SDC 1939, § 13.0916; …

A person who directly or indirectly, intentionally, by force or violence, or by unlawful arrest, or by any abduction, duress, damage, harm, or loss, or by any forcible or fraudulent contrivance, or by threats to do or employ any of them, or by threats of bringing civil suit or cr…

It is a Class 2 misdemeanor for any employer in paying his employees the salary or wages due them, to enclose their pay in "pay envelopes" upon which there is written or printed any political mottoes, devices, or arguments containing threats, express or implied, intended or calcu…

It is a Class 1 misdemeanor for any person, directly or indirectly, to promise or threaten to grant or withhold or to cause to be granted or withheld, any public relief, assistance loans, or grants for the purpose or with the intention of controlling or influencing the political …

It is a Class 2 misdemeanor for any person, directly or indirectly, by the person or through any other person: (1) To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other pers…

It is a Class 2 misdemeanor for any person, directly or indirectly, by himself or through any other person: (1) To receive, agree, or contract for, before or during any election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or an…