2019 Senate Bill 75 - Senate

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

439B0568   SENATE ENGROSSED    NO.  SB 75 -  1/30/2019  

Introduced by:    Senator Bolin and Representative Rounds
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding who is eligible to serve as a candidate in the event of a vacancy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 12-6-55 be amended to read:
    12-6-55. Any person nominated to any elective office may cause his that person's name to be withdrawn from nomination by request in writing, subscribed and sworn to by him that person before any officer qualified to administer oaths and take acknowledgments. The request shall be filed with the officer with whom the nominating petition was filed pursuant to § 12-6-4, not later than the first Tuesday in August at 5:00 p.m. before the ensuing next election. No person's name so withdrawn shall under this section may be printed upon the ballots to be used at such election for that office unless the same person is subsequently selected to fill the vacancy in accordance with § 12-6-56.
    Section 2. That § 12-6-56 be amended to read:
    12-6-56. If a vacancy occurs by reason of death or withdrawal after a primary election, a party candidate for public office may be replaced by a new nominee chosen if a meeting of the

appropriate party central committee is held and the results are certified to the appropriate official within the times prescribed by § 12-8-6. If the vacancy is a party candidate for presidential elector or statewide office, the vacancy shall be filled by the State Party Central Committee. If the vacancy is a party candidate for public office other than presidential elector or statewide office, the vacancy shall be filled by a vote of county party central committee members in attendance who reside in the affected district.

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