Title 12, ELECTIONS

The provisions of this title shall apply to all elections for state, district, and county officers and other officers except in cases where from the context of any statute a different intention plainly appears. Source: PolC 1877, ch 27, § 1; CL 1887, § 1440; RPolC 1903, § 1863; R…

All election laws of this state relating to nomination and election of candidates for office on political ballots shall apply to the nomination and election of a sheriff, county auditor, register of deeds, treasurer, state's attorney, and coroner. Source: SL 1973, ch 48 , § 2.

The Board of Elections shall report to and make recommendations to the secretary of state concerning desirable or necessary changes in the election laws of this state. Source: SL 1974, ch 117 , § 4; SL 1999, ch 70 , § 5.

Except as otherwise provided by law, in any election in which all voters of a county participate, the costs relating to the election shall be paid by the county from funds appropriated therefor. In all other elections, costs shall be paid from funds appropriated by the governing …

No political party may maintain an office in a county courthouse. Source: SL 1991, ch 118 ; SL 2005, ch 93 , § 4.

Within five business days after a nominating, initiative, or referendum petition, excluding petitions for statewide initiative, referendum, or constitutional initiative petitions, is validated and filed with the person in charge of the election, any interested person who has rese…

The person in charge of the election shall verify the information contained in the affidavit submitted in accordance with § 12-1-13 and make a written declaration regarding the validity of the signatures in question or, for a nominating petition, of the declaration of candidacy. …

The person in charge of the election shall immediately notify by certified mail any candidate whose nominating petition or any primary sponsor whose referendum or initiative petition is rejected and declared invalid in accordance with §§ 12-1-13 and 12-1-14 . Source: SL 1999, ch …

If a person fails to challenge a petition pursuant to § 12-1-13 , it does not deny that person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition. Source: SL 1999, ch 70 , § 4.

In computing any period of time prescribed or allowed for an election notice or filing, the day of the act or event from which the designated period of time begins to run is not included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday,…

Any referendum petition to refer a measure passed by a local unit of government may be circulated immediately upon final passage of the measure. Source: SL 2002, ch 71 , § 1.

The provisions of this title apply to township, municipal, school, and other subdivision elections unless otherwise provided by the statutes specifically governing their elections or this title. Source: PolC 1877, ch 27, § 1; CL 1887, § 1440; SL 1890, ch 37 , art XIV, §§ 5, 6; RP…

The governing body of any political subdivision may, by ordinance or resolution, adopt the provisions of chapter 12-27 . Source: SL 1988, ch 60 , § 4; SL 2008, ch 67 , § 20.

The State Board of Elections shall resolve any complaint filed under Section 402 of the Help America Vote Act of 2002, as of January 1, 2003, in accordance with the contested case provisions of chapter 1-26 . The complaint shall be signed, notarized, and filed with the secretary …

If the State Board of Elections does not resolve the complaint within ninety days of filing, the complainant may ask the circuit court for alternative dispute resolution by appointing an impartial third party to serve as an arbitrator to resolve the dispute. The arbitrator shall …

The arbitrator shall appoint a time and place for a hearing and serve each party personally or notify each party by registered or certified mail not less than five days before the hearing. Source: SL 2003, ch 83 , § 18; SDCL, § 12-4-44 .

The arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and may administer oaths. Any subpoena shall be served and enforced in the manner provided by law for the service and enforcement of subpoena…

On application of either party and for use as evidence, the arbitrator may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrator, of a witness who cannot be subpoenaed or is unable to attend the hearing. Any provision of law compelling a p…

Unless otherwise provided by an agreement, each party is entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing. Source: SL 2003, ch 83 , § 21; SDCL, § 12-4-47 .

Unless otherwise provided by an agreement, the arbitrator may adjourn the hearing from time to time as necessary and at the request of a party and for good cause. The arbitrator may hear and determine the controversy upon the evidence produced notwithstanding the failure of a par…

The resolution pronouncement shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy to each party personally or by registered or certified mail. Source: SL 2003, ch 83 , § 23; SDCL, § 12-4-49 .

The arbitrator's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the resolution pronouncement. Source: SL 2003, ch 83 , § 24; SDCL, § 12-4-50 .

Terms used in this title mean: (1) "Ballot question committee," as defined by § 12-27-1 ; (2) "Candidate," a person whose name is on the ballot or who is entitled to be on the ballot to be voted upon for nomination or election at any election; (3) "Election," any election held un…

For the purposes of this title, the term, alternative political status, means that a political party meets the requirements of this section commencing with the 2014 general election and each general or special statewide election thereafter. Any political party that meets the defi…

Within ten days of pronouncement, the circuit court may vacate a resolution pronouncement if: (1) The resolution was procured by corruption, fraud, or other undue means; (2) There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any p…

If any state court finds that a declaration of candidacy on a nominating petition is not valid, the candidacy shall be invalidated as of the date of filing. If the invalidation creates a vacancy which continues to exist after a primary election, the vacancy may be filled as provi…

No registered sex offender may circulate any petition, either on the registered sex offender's own behalf or on the behalf of, or in the employ of, another person in any place frequented by the public or door to door on private property. A violation of this section is a Class 1 m…

The provisions of § 12-1-32 do not apply, if the registered sex offender circulating or assisting in circulating petitions under circumstances where the registered sex offender is in the employ of, and under the immediate supervision of, another person and where the circumstances…

The provisions of § 12-1-32 do not apply, if the registered sex offender is circulating any nominating petitions on his or her own behalf for election to any federal, state, or local office for which the registered sex offender is otherwise qualified. Source: SL 2012, ch 80 , § 3…

The secretary of state shall examine each nominating petition for statewide office upon being received by the Office of Secretary of State. No signature of a person may be counted by the secretary of state unless the person is a registered voter in the county indicated on the sig…

The secretary of state shall verify the signatures received pursuant to § 12-1-35 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample…

If the random sample required by § 12-1-36 indicates that a sufficient number of qualified electors have signed the nominating petition for statewide office, the secretary of state shall certify that the nominating petition for statewide office has been signed by the required num…

Nothing in §§ 12-1-35 to 12-1-37 , inclusive, prohibits any person from challenging in circuit court the validity of signatures or other information required on a nominating petition for statewide office by law or rule. Source: SL 2015, ch 75 , § 4.

No petition submitted may be made available to the public until the validation process has been completed and the office where that petition was submitted has filed or rejected the petition, except as provided in § 2-1-15 . Source: SL 2017, ch 2 , § 3; SL 2019, ch 15 , § 4.

For the purposes of this title, "resident" means an individual who maintains an actual fixed permanent dwelling, establishment, or any other abode where the individual lives and usually sleeps, for at least thirty consecutive days. An individual who is a resident of this state re…

There is created a State Board of Elections to be composed of seven members, one of whom shall be the secretary of state who is chairman. Two of the members shall be county auditors appointed by the Speaker of the House of Representatives from a list of nominees supplied by the c…

The per diem and expenses of the board shall be established by the Executive Board of the Legislative Research Council unless otherwise provided by law. Source: SL 1974, ch 117 , § 2.

The Office of the Secretary of State is hereby charged with the duty and responsibility to serve as the secretariat of the State Election Board and shall assist the board as may be directed by the said board. Source: SL 1974, ch 117 , § 5.

The Office of the Attorney General shall provide such legal assistance as the State Election Board may require. Source: SL 1974, ch 117 , § 6.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , concerning: (1) Forms for voter registration and voter file maintenance; (2) Forms and color of ballots; (3) Forms for notices; (4) The uniformity of election procedures; (5) The operation of the Stat…

The State Board of Elections may not authorize and a political subdivision may not adopt or enforce in any manner a rule, resolution, charter provision, or ordinance establishing a system of voting for any office where: (1) Voters rank candidates in order of preference; (2) Tabul…

The primary election provided for in chapter 12-6 shall be held at the regular polling place in every voting precinct throughout the state on the first Tuesday after the first Monday in June of every even-numbered year. Source: SDC 1939, §§ 16.0202, 16.0237; SL 1945, ch 75 ; SL 1…

On the first Tuesday after the first Monday in November of each even - numbered year an election shall be held in the several election precincts in the state, which shall be known as the general election and the several state, district, and county officers, members of the Legisla…

No statewide election or referendum may be held on a date other than a date ordinarily provided by statute for a primary, runoff, or general election, with the exception of a date provided by the Legislature to hold a special election. Source: SL 1986, ch 116 ; SL 2000 (SS), ch 2…

At each election to be held under this title, the polls shall be opened at the hour of seven a.m. and remain continuously open until seven p.m., standard time or daylight savings time, whichever is in effect. However, no polling place may be closed at any election until all the v…

Notwithstanding § 12-2-3 , the county auditor may, upon request of the superintendent of an election precinct, if an emergency exists by reason of mechanical failure of a voting machine or an unanticipated shortage of ballots or like unforeseen event warrants it, extend the polli…

Any other provision of law notwithstanding, the members of the governing body of any governmental subdivision may choose to hold their elections in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the co…

The members of the governing body of any governmental subdivision may choose to hold their election in conjunction with any other governmental subdivision's election if the statutory dates for the election coincide. The combined election is subject to approval by all of the gover…

No earlier than twenty-four hours before the polls open, the person in charge of the election may call a special emergency meeting, pursuant to §§ 1-25-1 and 1-25-1.1 , of the local governing board to postpone any election, except a primary or general election, for one week if th…

The person in charge of the election shall use any and all means necessary to notify the voters in the jurisdiction of the postponement of an election pursuant to this chapter. If the postponement misses the deadline for the official newspaper, a notice shall be posted in three o…