12-5-1 Organization and dissolution of political party.
Organization and dissolution of political party.
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 two and one-half percent of the voters of the state as shown by the total vote cast
for Governor at the last preceding gubernatorial election, which declaration shall contain:
The name of the proposed party; and
A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the rights of a political party whose
ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the
declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also
comply with the requirements for dissolution pursuant to chapter 12-27.
Source: SDC 1939, § 16.0201; SL 1974, ch 118, § 28; SL 1976, ch 105, § 12; SL 1984, ch 107, § 1;
SL 1986, ch 115, § 2; SL 1997, ch 75, § 2; SL 2007, ch 74, § 1; SL 2007, ch 81, § 5; SL 2013, ch
63, § 2; SL 2015, ch 77, § 12 rejected Nov. 8, 2016.