Constitution


Text Search




Enter the text to search for and click Search to get a list of statutes containing the text you entered. Tips:
  • Multiple words will be searched as a phrase. Entering Property Tax will return statutes that contain the complete phrase Property Tax.
  • Logical Operators are allowed. Hunting and Fishing will return statutes that containg both hunting and fishing. Hunting or Fishing will return statutes that contain hunting, fishing, or both.
  • Wild cards(*) are allowed. Entering Approp* will return statutes that contain Appropriation, Appropriate, Appropriated, etc..

The Filter option allows you to narrow your search results to a specific Article. Here are a few tips for using the filter option.

  • Only use the Article number in the Constitution search filter.
  • Use a dash (-) as the last character of your filter to refine searches. For example the filter "1" returns sections in Article 1, 10, 11, 12, etc.. The filter "1-" returns only sections in Article 1.

Quick Find



Type the Article number you are looking for in the form Article-Section Examples(1-1, 15-6, 19-2, etc.)

The Get Section button can be used to locate a specific Article of the Constitution. You may type in an Article or Section number. Example: typing 1 will return the section list for Article 1, typing 1-1 will return the section 1-1.

The Get Article button can be used to load a complete Article of the Constitution. This function requires an Article number. Examples: 1, 2, 3

 
     ยง 5.   Election of Constitution and state officers--Ballots. This Constitution shall be submitted for adoption or rejection to a vote of the electors qualified by the laws of this territory to vote at all elections, at the election to be held on Tuesday, October 1, 1889.
     At the said election the ballots shall be in the following form:
     For the Constitution: Yes. No.
     For prohibition: Yes. No.
     For minority representation: Yes. No.
     As a heading to each of said ballots shall be printed on each ballot the following instructions to voters:
     All persons desiring to vote for the Constitution, or for any of the articles submitted to a separate vote, must erase the word "No."
     All persons who desire to vote against the Constitution, or against any article submitted separately, must erase the word "Yes."
     Any person may have printed or written on his ballot only the words "for the Constitution," or "against the Constitution," and such ballot shall be counted for or against the Constitution accordingly. The same provision shall apply to articles submitted separately.
     In addition to the foregoing election for the Constitution and for the articles submitted by this convention for a separate vote thereon, an election shall be held at the same time and places, by the said qualified electors, for the following state officers, to be voted for on the same ballot as above provided for votes on the Constitution and separate articles, to wit:
     A Governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general, superintendent of public instruction, commissioner of school and public lands, judges of the Supreme, circuit and county Courts, representatives in Congress, state senators, and representatives in the Legislature.
     All the elections above provided for shall be held in the same manner and form as provided for the election for the adoption or rejection of the Constitution. And the names of all the officers above specified to be voted for at such election shall be written or printed upon the same ballots as the vote for or against the Constitution.
     The judges of election in counting the ballots voted at such election shall count all the affirmative ballots upon the Constitution as votes for the Constitution; and they shall count all the negative ballots voted at said election upon the Constitution as votes against the Constitution; and ballots voted at said election upon which neither of said words "yes" or "no" following the words "for the Constitution" are erased, shall not be counted upon such proposition. And they shall count all affirmative ballots so voted upon the article on prohibition separately submitted, as votes for such article, and they shall count all negative ballots so voted upon such article as votes against such article; and ballots upon which neither the words "yes" or "no" following the words "for prohibition" are erased, shall not be counted upon such proposition; and they shall count all the affirmative ballots so voted upon the article on minority representation, separately submitted, as votes for such article. And they shall count all negative ballots so voted upon such article as votes against such article; and ballots upon which neither of said words "yes" or "no" following the words "for minority representation" are erased, shall not be counted upon such proposition.
     If it shall appear in accordance with the returns hereinafter provided for, that a majority of the votes polled at such election, for and against the Constitution, are for the Constitution, then this Constitution shall be the Constitution of the state of South Dakota. If it shall appear, according to the returns hereinafter provided for, that a majority of all votes cast at said election for and against "prohibition" are for prohibition then said article XXIV shall be and form a part of this Constitution, and be in full force and effect as such from date of said election, but if a majority of said votes shall appear, according to said returns to be against prohibition, then article XXIV shall be null and void and shall not be a part of this Constitution. And if it appear, according to the returns hereinafter provided for, that a majority of all votes cast at said election for and against "minority representation" are for minority representation, then article XXV shall be and form a part of said Constitution, and be in full force and effect as such from the date of said election; but if a majority of said votes shall appear, according to said returns, to be against minority representation, then said article XXV shall be null and void and shall not be a part of this Constitution.
     At such election the person voted for, for any one of the offices to be filled at such election, who shall receive the highest number of votes cast at said election, shall be declared elected to said office.


Back to Article 26