State of South Dakota
LEGISLATIVE ASSEMBLY, 2019
||SENATE JOINT RESOLUTION NO. 3 |
Introduced by: Senator Nelson and Representative Pischke
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, related to partisan elections of judges.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH DAKOTA, THE SENATE CONCURRING THEREIN:
Section 1. That at the next general election held in the state, the following amendment to Article V, section 7 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.
Section 2. That Article V, section 7 of the Constitution of the State of South Dakota, be amended to read as follows:
§ 7. Circuit court judges shall be elected in a
nonpolitical partisan election by the electorate of the circuit each judge represents for an eight-year term.
A vacancy, as defined by law, in the office of a Supreme Court justice or circuit court judge, shall be filled by appointment of the Governor from one of two or more persons nominated by
the judicial qualifications commission. The appointment to fill a vacancy of a circuit court judge shall be for the balance of the unexpired term; and the appointment to fill a vacancy of a Supreme Court justice shall be subject to approval or rejection as hereinafter set forth.
Retention of each Supreme Court justice shall, in the manner provided by law, be subject to approval or rejection on a
ballot at the first general election following the expiration of three years from the date of
his the justice's
appointment. Thereafter, each Supreme Court justice shall be subject to approval or rejection in like manner every eighth year. All incumbent Supreme Court justices at the time of the effective date of this amendment shall be subject to a retention election in the general election in the year in which their respective existing terms expire.