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Administrative Rules

    5:02:07:06.  Certificate of nomination to fill vacancy. The certificate of nomination to fill a vacancy created by the death or withdrawal of a candidate for a single-county legislative district or a county office must be signed by the county party central committee chairperson. For multi-county legislative districts, the certificate must be signed by the state party central committee chairperson or the person designated to conduct the meeting under SDCL 12-6-57. For a statewide office or a presidential elector, the certificate must be signed by the state party central committee chairperson. The certificate must be in the following form:

CERTIFICATE OF NOMINATION TO FILL VACANCY

I, THE UNDERSIGNED _________________ party (county) (state) central committee chairperson, or designee, hereby certify that, in accordance with the laws of South Dakota, _______________________________ of ___________________ County, whose mailing address is ___________________________________________ and whose principal residence address is ______________________________________________, was nominated to the office of ______________________________________________ (list the district number, if applicable) in order to fill the vacancy created by the (death) (withdrawal) of ____________________________.

                                (Signed) __________________________________

                                Chairperson (or designee for multi-county legislative districts)

(State) (____________County) Central Committee

Subscribed and sworn to before me this _____ day of ____________, 20____.

        (Seal)

    _______________________________

                                                         Officer Administering Oath

I, ____________________ (print candidate name here exactly as you want it on the election ballot) under oath, declare that I am eligible to seek the office of ________________, that I am registered to vote as a member of the ___________ Party, and that if I am a legislative candidate I reside in the district from which I am a candidate. If nominated and elected, I will qualify and serve in that office.

                                (Candidate Signature) ___________________________________

Sworn to before me this _______day of ___________________, 20____

    (Seal)                                                    ________________________________

                                                            Signature of Officer Administering Oath

My Commission Expires ________________                ________________________________

                                                            Title of Officer Administering Oath

    Source: 6 SDR 25, effective September 24, 1979; 29 SDR 113, effective January 30, 2003; 35 SDR 306, effective July 1, 2009; 48 SDR 39, effective October 4, 2021.

    General Authority: SDCL 12-1-9(7).

    Law Implemented: SDCL 12-6-56, 12-6-57, 12-6-58, 12-8-6.

Online Archived History: