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CHAPTER 2-15

CONVENTIONS FOR AMENDMENT OF UNITED STATES CONSTITUTION

2-15-1      Convention to be held when Congress proposes amendment to be ratified by convention.
2-15-2      Apportionment of delegates to convention.
2-15-3      Election of delegates at next general election--Legislative election laws apply.
2-15-4      Nominating petitions for candidates--Number of signers required--Contents and filing.
2-15-5      Certification of nominees to county auditors.
2-15-6      Printing of primary election ballots--Form.
2-15-7      Supply of primary ballots--Conduct of primary election.
2-15-8      Certification of successful candidates at primary--Printing of general election ballots--Form.
2-15-9      Conduct of general election--Canvass and certification of vote.
2-15-10      Slate voting at general election.
2-15-11      Time and place of holding convention.
2-15-12      Quorum of convention--Officers--Rules--Qualifications and election of members.
2-15-13      Compensation and mileage of convention delegates--Disbursements for convention expenses.
2-15-14      Certification of convention results--Transmittal to United States.
2-15-15      Congressional rules for convention to govern.
2-15-16      Definitions.
2-15-17      Delegate vote to consider or approve unauthorized amendment prohibited--Recall.
2-15-18      Oath of candidate for delegate or alternate.
2-15-19      Certifications by secretary of state.
2-15-20      Civil fine for violation of oath.
2-15-21      Participation in conventions in which each state possesses one vote.


     2-15-1.   Convention to be held when Congress proposes amendment to be ratified by convention. Whenever the Congress of the United States of America shall propose an amendment to the Constitution of the United States and shall propose that the same be ratified by conventions in the respective states, a convention shall be held as provided for herein, for the purpose of ratifying such amendment.

Source: SDC 1939, § 55.1001.


     2-15-2.   Apportionment of delegates to convention. The number of delegates to be chosen to such convention shall be equal to the number of legislative representatives in the State of South Dakota, and each representative district in the state shall constitute a delegate district and be represented in said convention by the same number of delegates as it is now or may hereafter be entitled to elect legislative representatives.

Source: SDC 1939, § 55.1002.


     2-15-3.   Election of delegates at next general election--Legislative election laws apply. The delegates shall be elected at the next general election succeeding the proposal of any amendment to the Constitution of the United States by the Congress of the United States, and except as otherwise herein provided the nomination and election of such delegates shall in all respects be the same as is now by law provided for the nomination and election of representatives of the Legislature of South Dakota, except as herein otherwise provided.

Source: SDC 1939, § 55.1002.


     2-15-4.   Nominating petitions for candidates--Number of signers required--Contents and filing. Nomination of candidates for the office of delegate shall be by petition signed by not less than two nor more than five percent of the duly qualified electors of the district respectively in which the candidate or candidates reside, as shown by the total vote cast for the successful candidate for the office of Governor at the last gubernatorial election within said legislative district. Such nomination shall be without party or political designation but shall indicate thereon whether the candidate named in said petition is "in favor of," or "opposed to," the ratification of the proposed amendment, and said petitions shall be filed at the time and in the manner provided for filing nominating petitions for legislative representatives for the primary election, as now provided for.

Source: SDC 1939, § 55.1003; SL 1980, ch 23, § 26.


     2-15-5.   Certification of nominees to county auditors. It shall be the duty of the secretary of state, as soon as the time for filing nominating petitions in his office has expired, to immediately certify to the several county auditors of the state the names of the persons in whose behalf nominating petitions have been filed as a candidate for delegate.

Source: SDC 1939, § 55.1004.


     2-15-6.   Printing of primary election ballots--Form. The county auditor shall, after certification by the secretary of state, immediately prepare and have printed official primary election ballots for all delegates, nominated upon a separate ballot, without party or political designation, in substance as follows:


_________________________________________________________________________

PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES

    Delegates to the Convention to Ratify the Proposed Amendment
    The Congress has proposed an amendment to the Constitution of the United States which provides (insert here the substance of the proposed amendment).
    The Congress has also proposed that the said amendment shall be ratified by conventions in the States.
____________________________________________________________________
The Following Candidates for Delegates to the State Convention are   The Following Candidates for Delegates to the State Convention are  
In Favor of the ratification of the proposed amendment. To vote for any candidate whose name appears in the column below mark a cross (x) or check mark (.) in the square at the left of the name of the candidate. Do not vote for more candidates than are to be elected to said office.   Opposed to the ratification of the proposed amendment. To vote for any candidate whose name appears in the column below mark a cross (x) or check mark (.) in the square at the left of the name of the candidate. Do not vote for more candidates than are to be elected to said office.  
Vote for (insert number of delegates to be nominated).   Vote for (insert number of delegates to be nominated).  
DELEGATES TO CONVENTION   DELEGATES TO CONVENTION  
    * John Doe       * Henry Coe  
    * Richard Roe       * Samuel Moe  

Source: SDC 1939, § 55.1004.


     2-15-7.   Supply of primary ballots--Conduct of primary election. Said official ballots and sample ballots shall be provided in the same manner as the official primary election ballots are supplied, pursuant to the provisions of chapter 12-6. Separate ballots shall be delivered to all electors of whatever party or designation at the biennial primary election to be held as now provided, and the manner of voting, conduct of election, canvass and certification of votes upon said ballots shall be conducted in the same manner as the primary election law now provides for the election of representatives of the Legislature.

Source: SDC 1939, § 55.1004.


     2-15-8.   Certification of successful candidates at primary--Printing of general election ballots--Form. The secretary of state in the preparation of the ballots for the succeeding general election shall certify to the county auditors of said legislative districts respectively the names of the successful candidates, designating those who are in favor of the ratification of the amendment and those opposed to the ratification of the amendment, and the county auditor of each county in the state at the time of the preparation for the general election, shall prepare separate official ballots upon which shall be printed the substance of the proposed amendment, the names of the candidates for delegates to the convention as theretofore nominated as candidates in favor of and the candidates opposed to the ratification of the amendment, and proper instructions to the voters in substantially the following form, to wit:


_________________________________________________________________________

PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES

    Delegates to the Convention to Ratify the Proposed Amendment
    The Congress has proposed an amendment to the Constitution of the United States which provides (insert here the substance of the proposed amendment).
    The Congress has also proposed that the said amendment shall be ratified by Conventions in the States.
_________________________________________________________________________
To vote for the Delegates In   To vote for the Delegates  
    Favor of       Opposed to  
Ratification of the proposed amendment place a cross (x) or check mark (.) in the circle below.   Ratification of the proposed amendment place a cross (x) or check mark (.) in the circle below.  
DELEGATES TO CONVENTION   DELEGATES TO CONVENTION  
    John Doe       Henry Coe  
    Richard Roe       Samuel Moe  

Source: SDC 1939, § 55.1005.


     2-15-9.   Conduct of general election--Canvass and certification of vote. Said ballot shall be submitted to the electors of the State of South Dakota in the same manner and at the same time as the official ballots for the general election are now submitted; and the same shall be canvassed and certified by the judges of election and the state canvassing board in the same manner and at the same time as the official ballots for the general election are canvassed, and certificates of election issued accordingly. Except as otherwise provided herein such election shall be conducted and the results thereof ascertained and certified in the same manner as now provided by the laws of this state pertaining to the general election, except insofar as the same may be inconsistent herewith.

Source: SDC 1939, § 55.1006.


     2-15-10.   Slate voting at general election. The electors may vote for all of the candidates either in favor of or those opposed to the ratification of said amendment, by putting a cross (.) or check mark (.) in the circle at the head of the names in the column under the designation "In Favor of" the ratification, or in the circle at the head of the names in the column under the designation "Opposed to" the ratification, and a ballot so marked in said circle shall be counted as a vote, by the judges and canvassers, for each of the delegates respectively, whose name or names appear in the column under the circle so marked.

Source: SDC 1939, § 55.1005.


     2-15-11.   Time and place of holding convention. The delegates so elected shall meet at the capitol building in the city of Pierre, on the third Tuesday in the month of January following their election, at two o'clock in the afternoon of said day, and shall constitute a convention to ratify or reject the proposed amendment to the Constitution of the United States.

Source: SDC 1939, § 55.1007.


     2-15-12.   Quorum of convention--Officers--Rules--Qualifications and election of members. A majority of the total number of delegates to the convention shall constitute a quorum. The convention shall have power to choose a president and secretary and all other necessary officers, and to make rules governing the procedure of the convention; such convention shall be the judge of the qualification and of the election of its own members.

Source: SDC 1939, § 55.1007.


     2-15-13.   Compensation and mileage of convention delegates--Disbursements for convention expenses. Each delegate shall receive five dollars per day for the first five days he is in attendance at said convention, and ten cents per mile for each mile necessarily traveled in going to and returning from said convention. The secretary and other officers shall receive such compensation as may be fixed by the convention. Disbursements for the foregoing purposes and for other necessary expenses of the convention, when approved by the convention and signed by the president and secretary, shall be made by the state treasurer out of any appropriation available therefor.

Source: SDC 1939, § 55.1007.


     2-15-14.   Certification of convention results--Transmittal to United States. When the convention shall have agreed by a vote of a majority of the total number of delegates present and voting to the ratification or rejection of the proposed amendment, a certificate to that effect shall be executed by the president and secretary of the convention and filed in the Office of the Secretary of State of South Dakota, and the said secretary of state shall forthwith transmit to the proper officer of the United States of America, a certified copy thereof.

Source: SDC 1939, § 55.1007.


     2-15-15.   Congressional rules for convention to govern. If at or about the time of submitting any such amendment, Congress shall either in a resolution submitting the same or by statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the provisions of such statute or resolution such states as may theretofore have provided for constituting such conventions, the preceding provisions of this chapter shall be inoperative, the convention shall be constituted and shall operate as the said resolution or act of Congress shall direct, and all officers of the state who may by the said resolution or statute be authorized or directed to take any action to constitute such a convention for this state are authorized and directed to act thereunder and in obedience thereto with the same force and effect as if acting under a statute of this state.

Source: SDC 1939, § 55.1008.


     2-15-16.   Definitions. Terms used in §§ 2-15-17 to 2-15-21, inclusive, mean:
             (1)      "Article V convention," convention for proposing amendments as expressly provided in Article V of the United States of America Constitution; and
             (2)      "Article V application," a joint resolution passed by the State Legislature of South Dakota on the same subject or containing the same proposed amendment text as thirty-three other sovereign states requiring Congress to call an Article V convention by setting the time and place; and
             (3)      "Delegate" or "alternate," any person selected by the State Legislature of South Dakota or any other method provided by law to represent the State of South Dakota at an Article V convention; and
             (4)      "Legislative instructions," instructions given by the State Legislature to delegates and alternates before and during an Article V convention; and
             (5)      "Unauthorized amendment," any proposed amendment that is outside the subject matter or permitted text.

Source: SL 2015, ch 2, § 1.


     2-15-17.   Delegate vote to consider or approve unauthorized amendment prohibited--Recall. No delegate from South Dakota to an Article V convention has the authority to vote to allow consideration of or vote to approve an unauthorized amendment for ratification to the United States of America Constitution. Any delegate casting a vote to allow consideration or approval of an unauthorized amendment shall be immediately recalled by the secretary of state and replaced by an alternate chosen by the Executive Board of the Legislative Research Council.

Source: SL 2015, ch 2, § 2.


     2-15-18.   Oath of candidate for delegate or alternate. Every candidate for delegate or alternate from South Dakota to the Article V convention shall take the following oath:
     "I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate or alternate to an Article V convention, uphold the Constitution and laws of the United States of America and the State of South Dakota. I will not vote to allow consideration of or to approve any unauthorized amendment proposed for ratification to the United States of America Constitution."

Source: SL 2015, ch 2, § 3.


     2-15-19.   Certifications by secretary of state. The secretary of state shall certify in writing to the Article V convention the selection of delegates and alternates, the recall and replacement of any delegate or alternate, and the nullification of unauthorized votes cast by any delegate of South Dakota.

Source: SL 2015, ch 2, § 4.


     2-15-20.   Civil fine for violation of oath. Any delegate who violates the oath contained in § 2-15-18 is subject to a civil fine of not more than five thousand dollars to be levied by the secretary of state and deposited in the state general fund.

Source: SL 2015, ch 2, § 5.


     2-15-21.   Participation in conventions in which each state possesses one vote. Nothing in §§ 2-15-16 to 2-15-20, inclusive, authorizes the State of South Dakota to participate in any Article V convention in which each of the states does not possess one vote equal to the other states.

Source: SL 2015, ch 2, § 6.


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