5:02:08:00.  Guidelines for acceptance of petitions. When a petition is presented for filing, the person or governing board authorized to accept the petition shall determine if it meets the following requirements:

 

          (1)  The petition is in the form required by this chapter;

 

          (2)  The petition contains the minimum number of valid signatures, counted according to § 5:02:08:00.01. One or more invalid signatures on a petition do not disallow other valid signatures;

 

          (3)  Each sheet of the petition contains an identical heading and is verified by the circulator. The circulator may add the addresses of the petitioners and the dates of signing before completing the verification. The circulator may also add the printed name of the signer and the county of voter registration. Residence addresses may be abbreviated. The verification was completed and signed before an officer authorized to administer oaths in this state;

 

          (4)  The declaration of candidacy contains the original signature of the candidate. Additional sheets may have an original or photocopied signature of the candidate;

 

          (5)  If a petition is for a ballot question to be voted on statewide, the signatures were obtained after a copy of the text of the petition was filed with the Office of the Secretary of State;

 

          (6)  If a petition is for a ballot question to be voted on statewide, the sponsor(s) must submit the affidavit of completed petition when the petition sheets are submitted to the Office of the Secretary of State;

 

          (7)  The governing board or person authorized to accept the petition shall, if requested, allow a petition circulator the opportunity to add missing information on the signature lines or circulator's verification on the petition provided the filing deadline has not passed; and

 

          (8)  Following the presentation of the petition for filing, names may not be removed from the petition.

 

          Except for petitions to nominate candidates for school boards, municipal offices, or statewide campaigns, the person who is authorized to accept petitions for filing need not check for voter registration of the signers. Petitions containing signatures in excess of the minimum number may be filed, but any excess signatures will be disregarded, unless there is a challenge to that petition. Excess signatures will not be considered by the filing office unless the signatures are needed to validate the petition.

 

          Source: 2 SDR 46, effective December 30, 1975; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 10 SDR 27, effective September 26, 1983; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 16 SDR 203, effective May 28, 1990; 28 SDR 99, effective January 17, 2002; 35 SDR 48, effective September 8, 2008; 42 SDR 178, effective July 1, 2016; 45 SDR 9, effective July 30, 2018; 46 SDR 42, effective September 30, 2019; 47 SDR 37, effective October 6, 2020.

          General Authority: SDCL 12-1-9(6).

          Law Implemented: SDCL 2-1-1.1, 2-1-1.2, 2-1-3.1, 9-13-7, 9-13-11, 12-1-1, 12-1-1.1, 12-1-2, 12-6-7.1, 12-6-8,  12-7-1, 13-7-6, 12-1-3, 12-6-4, 18-3-1.

 

          Cross-Reference: Sections of petition, § 5:02:08:00.02.

 

          5:02:08:00.01.  Requirements for counting signatures on petitions. Requirements for counting signatures on a petition sheet are as follows:

 

          (1)  No signature on a petition sheet may be counted if one of the following conditions is present:

 

               (a)  The form of the petition does not meet the requirements of this chapter;

               (b)  The petition sheet is not a self-contained sheet of paper printed front and back;

               (c)  The circulator's verification is not completed or is improperly completed, according to subdivision 5:02:08:00(3) unless the missing information is completed elsewhere on the petition sheet. A completed circulator's verification must include the printed name of the circulator, the circulator's residence address as provided in subdivision (2)(c) of this section, and the complete date;

               (d)  The declaration of candidacy has not been completed on or after the first date authorized by law to circulate the petition, and signed by the candidate and the signature witnessed by an official empowered to administer oaths in this state; or

               (e)  The circulator's verification was signed by more than one circulator;

               (f)  A petition for a legislative candidate must include the district number and whether the candidate is running for senate or house; and

 

          (2)  An individual signature on a petition sheet may not be counted if one of the following conditions is present:

 

               (a)  It was signed prior to the signing of the candidate's declaration of candidacy or, if for a ballot question, it was signed before a copy of the text was filed with the secretary of state;

               (b)  It was signed after the circulator completed the verification;

               (c)  The residence address does not include a street and house number or a rural route and box number and the town. If the signer is a resident of a second or third class municipality, a post office box number may be used. If the signer does not have a residence address or post office box number, a description of the residence location must be provided. If the signer is a resident of a building with a publicly known name, the building name may be used;

               (d)  The date of signing, including month and day, is not indicated;

               (e)  The signer's name is not printed and legible; or

               (f)  The signer's county of voter registration is not provided.

 

          Source: 10 SDR 27, effective September 26, 1983; 12 SDR 43, effective September 23, 1985; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 19 SDR 12, effective August 5, 1992; 21 SDR 77, effective October 24, 1994; 26 SDR 168, effective June 25, 2000; 33 SDR 230, effective July 1, 2007; 35 SDR 48, effective September 8, 2008; 44 SDR 94, effective December 4, 2017; 46 SDR 42, effective September 30, 2019.

          General Authority: SDCL 12-1-9(6).

          Law Implemented: SDCL 9-13-11, 12-1-1, 12-1-1.1, 12-1-2, 12-6-7.1, 12-6-8, 13-7-6.

 

          5:02:08:00.02.  Petitions. A petition may be composed of multiple sheets. Each sheet must be a self-contained sheet of paper printed front and back and have identical headings printed at the top.

 

          Source: 16 SDR 20, effective August 10, 1989; 44 SDR 94, effective December 4, 2017.

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

          Law Implemented: SDCL 12-1-3(8).

 

          Cross-Reference: Guidelines for acceptance of petitions, § 5:02:08:00(3).

 

          5:02:08:01.  Form of nominating petition -- Partisan election. Nominating petitions for a partisan election must be in the following form:

 

NOMINATING PETITION FOR PARTISAN ELECTION

_______________________ Party

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED qualified voters of _________________________ (here insert the jurisdiction in which the office is sought: name of county, number of legislative district, or "state") of South Dakota and members of the ___________________ Party, nominate ________________________ of _______________ County, South Dakota, whose mailing address is __________________________, ________________________, SD _______, and whose principal residence address is _______________________, ____________, SD _______, as a candidate for the office of (if a legislative candidate insert "State House of Representatives" or "State Senate") ________________________________ at the primary election to be held June _____, 20__.

 

DECLARATION OF CANDIDATE

 

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

 

(Signed) ________________________________

 

Sworn to before me this _____ day of __________, 20____.

 

(Seal)                                                                                    _______________________________

                                                                                              Signature of Officer Administering Oath

My commission expires _________.

                                                                                              ________________________________

                                                                                              Title of Officer Administering Oath

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 2 SDR 5, effective July 30, 1975; 2 SDR 46, effective December 30, 1975; 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 10 SDR 27, effective September 26, 1983; 16 SDR 20, effective August 10, 1989; 16 SDR 203, effective May 28, 1990; 25 SDR 8, effective August 3, 1998; 33 SDR 230, effective July 1, 2007; 35 SDR 48, effective September 8, 2008; 46 SDR 42, effective September 30, 2019.

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

          Law Implemented: SDCL 12-6-5, 12-6-7.1, 12-6-8.

 

          5:02:08:05.  Certificate of nomination for Independent candidate. The certificate of nomination for an Independent candidate shall be in the following form:

 

CERTIFICATE OF NOMINATION FOR INDEPENDENT CANDIDATE

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED qualified voters of _____________ (here insert the jurisdiction in which the office is sought: name of county, number of legislative district or "state") of South Dakota, nominate ________________ of ___________ County, whose mailing address is ____________________, SD _________, and whose principal residence address is _______________________, ____________, SD ______, as an Independent candidate for the office of (if a legislative candidate insert "State House of Representatives" or "State Senate") ____________________________ at the general election to be held November ____, 20____.

 

DECLARATION OF CANDIDATE

 

          I, _________________________ (print name here exactly as you want it on the election ballot), under oath, declare that I am eligible to seek the office for which I am a candidate and that if I am a legislative or county commission candidate I reside in the district from which I am a candidate. If elected, I will qualify and serve in that office.

 

(Signed) ________________________________

 

Sworn to before me this _____ day of __________, 20____.

 

(Seal)                                                                                     ________________________________

Signature of Officer Administering Oath

My commission expires _________.

________________________________

                                                                                               Title of Officer Administering Oath

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 2 SDR 46, effective December 30, 1975; 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 16 SDR 20, effective August 10, 1989; 16 SDR 203, effective May 28, 1990; 33 SDR 230, effective July 1, 2007; 35 SDR 48, effective September 8, 2008; 46 SDR 42, effective September 30, 2019.

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

          Law Implemented: SDCL 12-6-5, 12-6-7.1, 12-6-8, 12-7-1.

 

          5:02:08:07.  Form of initiative petition. The initiative petition form shall follow the specifications provided in this section.

 

The initiative petition shall be in the following form:

 

INITIATIVE PETITION

 

          WE, THE UNDERSIGNED qualified voters of the state of South Dakota, petition that the following proposed law be submitted to the voters of the state of South Dakota at the general election on November ____, 20_____, for their approval or rejection pursuant to the Constitution of the State of South Dakota.

 

          Title:

          Attorney General Explanation:

          Be it enacted by the people of South Dakota.

          The text of the proposed law is as follows: (insert text)

 

(Insert the instructions to voters and signature blanks prescribed in § 5:02:08:00.03.)

 

VERIFICATION BY PERSON CIRCULATING PETITION

 

          INSTRUCTIONS TO CIRCULATOR: This section (bold) must (unbold) be completed following circulation and before filing.

 

 

I, under oath, state that I circulated the above petition, that each signer personally signed this petition in my presence, that I am not attesting to any signature obtained by any other person, that I am a resident of South Dakota, that I made reasonable inquiry and to the best of my knowledge each person signing the petition is a qualified voter in the county indicated on the signature line, that no state statute regarding petition circulation was knowingly violated, and that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration.

___________________________________            ____________________________________

Circulator ID Number (paid circulator only)                Signature of Circulator

 

Sworn to before me this ________ day of _____________, 20____.

 

               (Seal)                                                          ____________________________________

                                                                                       Signature of Officer Administering Oath

My Commission Expires _______________

                                                                                  ____________________________________

                                                                                       Title of Officer Administering Oath

 

          Source: 2 SDR 46, effective December 30, 1975; 3 SDR 69, effective April 10, 1977; 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989; 26 SDR 168, effective June 25, 2000; 33 SDR 230, effective July 1, 2007; 36 SDR 112, effective January 11, 2010; 45 SDR 9, effective July 30, 2018; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 2-1-1, 2-1-7, 2-1-10, 2-1-1.2.

 

          5:02:08:07.01.  Affidavit to be filed with completed initiative, referendum, or initiated constitutional amendment petition. The affidavit to be filed with the completed petition for initiative, referendum, or initiated constitutional amendment shall be in the following form:

 

STATE OF SOUTH DAKOTA )

                                                    )     SS        AFFIDAVIT OF COMPLETED PETITION

COUNTY OF _____________  )

 

          I, under oath, state that the attached petition sheets constitute the entire petition to be filed and that to the best of my knowledge they contain a sufficient number of signatures to be certified to the ballot.

 

Title of Ballot Measure ___________________________________________

______________________________

                                                                                                   Signature of Sponsor

Print name and complete address of the sponsor

 

Sworn to before me this _______ day of _________, 20____.

 

     (Seal) ________________________________

Signature of Officer Administering Oath

My commission expires: _________.

                                                                                              _______________________________

                                                                                              Title of Officer Administering Oath

 

          Source: 16 SDR 20, effective August 10, 1989; 44 SDR 94, effective December 4, 2017.

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

          Law Implemented: SDCL 2-1-1.1, 2-1-1.2, 2-1-3.1.

 

          5:02:08:08.  Form of referendum petition. The referendum petition form shall follow the specifications provided in this section.

 

The petition of referendum shall be in the following form:

 

REFERENDUM PETITION

 

          WE, THE UNDERSIGNED qualified voters of the state of South Dakota, petition that the following law, as enacted by the Legislature of the state of South Dakota, be submitted to the voters of the state of South Dakota at the general election on November ____, 20_____, for their approval or rejection pursuant to the Constitution of the state of South Dakota.

 

          (Here insert the title of law to be submitted and the effective date of the referred law.)

 

(Insert the instructions to voters and signature blanks prescribed in § 5:02:08:00.03.)

 

VERIFICATION BY PERSON CIRCULATING PETITION

 

          INSTRUCTIONS TO CIRCULATOR: This section (bold) must (unbold) be completed following circulation and before filing.

 

 

I, under oath, state that I circulated the above petition, that each signer personally signed this petition in my presence, that I am not attesting to any signature obtained by any other person, that I am a resident of South Dakota, that I made reasonable inquiry and to the best of my knowledge each person signing the petition is a qualified voter in the county indicated on the signature line, that no state statute regarding petition circulation was knowingly violated, and that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration.

____________________________________          ____________________________________

Circulator ID Number (paid circulator only)           Signature of Circulator

 

Sworn to before me this ________ day of _____________, 20_____.

 

               (Seal)                                                          ____________________________________

                                                                                       Signature of Officer Administering Oath

My Commission Expires _______________

                                                                                  ____________________________________

                                                                                       Title of Officer Administering Oath

 

          Source: 2 SDR 46, effective December 30, 1975; 3 SDR 69, effective April 10, 1977; 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989; 26 SDR 168, effective June 25, 2000; 33 SDR 230, effective July 1, 2007; 36 SDR 112, effective January 11, 2010; 45 SDR 9, effective July 30, 2018; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 2-1-3, 2-1-3.1, 2-1-7, 2-1-10.

 

          5:02:08:09.  Form of initiated constitutional amendment petition or initiated petition for repeal of constitutional provision. The petition for initiated constitutional amendment or repeal shall be in the following form:

 

INITIATED CONSTITUTIONAL AMENDMENT PETITION

or

INITIATED PETITION FOR REPEAL OF CONSTITUTIONAL PROVISION

 

          WE, THE UNDERSIGNED qualified voters of the state of South Dakota, petition that the following section or sections and article or articles of the South Dakota Constitution be (repealed) (amended) and that this proposal be submitted to the voters of the state of South Dakota at the general election on November ____, 20____, for their approval or rejection.

 

          Title:

          Attorney General Explanation:

 

          (Here identify the section or sections and article or articles proposed to be repealed or amended. State the exact text of the amendment.)

 

(Insert the instructions to voters and signature blanks prescribed in § 5:02:08:00.03.)

 

VERIFICATION BY PERSON CIRCULATING PETITION

 

          INSTRUCTIONS TO CIRCULATOR: This section (bold) must (unbold) be completed following circulation and before filing.

 

 

I, under oath, state that I circulated the above petition, that each signer personally signed this petition in my presence, that I am not attesting to any signature obtained by any other person, that I am a resident of South Dakota, that I made reasonable inquiry and to the best of my knowledge each person signing the petition is a qualified voter in the county indicated on the signature line, that no state statute regarding petition circulation was knowingly violated, and that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration.

_____________________________________        ____________________________________

Circulator ID Number (paid circulator only)           Signature of Circulator

 

Sworn to before me this ________ day of _____________, 20______.

 

               (Seal)                                                          ____________________________________

                                                                                       Signature of Officer Administering Oath

My Commission Expires _______________

                                                                                  ____________________________________

                                                                                       Title of Officer Administering Oath

 

          Source: 2 SDR 46, effective December 30, 1975; 3 SDR 69, effective April 10, 1977; 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989; 26 SDR 168, effective June 25, 2000; 33 SDR 230, effective July 1, 2007; 36 SDR 112, effective January 11, 2010; 42 SDR 178, effective July 1, 2016; 45 SDR 9, effective July 30, 2018; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: S.D. Constitution, art XXIII, § 1; SDCL 2-1-1.1, 2-1-10.

 

          5:02:08:11.  Nominating petition for school board member. The nominating petition for school board member must be in the following form:

 

NOMINATING PETITION FOR SCHOOL BOARD MEMBER

_______________ SCHOOL DISTRICT # _____

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED qualified voters of ___________________________ school district number _________, state of South Dakota, nominate ______________________________ whose mailing address is ____________________, _______________, South Dakota, _______, and whose residence address is ____________________, ______________ South Dakota _______, for a ____-year term (in ____________________ representation area, if applicable) on the school board at the school board election to be held on the _____ day of __________, 20____.

 

DECLARATION OF CANDIDATE

 

          I, __________________________ (print name here exactly as you want it on the election ballot), under oath, declare that I reside in __________________ school district, number ____, South Dakota; that I am a registered voter of the district; and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office.

 

(Signed)________________________________

 

Sworn to before me this _____ day of __________, 20____.

 

(Seal)

                                                                                               ________________________________

Signature of Officer Administering Oath

My commission expires _________.

_________________________________

                                                                                              Title of Officer Administering Oath

(Insert here the instructions to signers and verification by the circulator portions of the petition form prescribed in § 5:02:08:00.03.)

          Source: 2 SDR 82, effective June 13, 1976; 6 SDR 25, effective September 24, 1979; 10 SDR 27, effective September 26, 1983; 16 SDR 20, effective August 10, 1989; 23 SDR 115, effective January 22, 1997; 36 SDR 112, effective January 11, 2010; 42 SDR 15, effective August 11, 2015; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 12-1-2, 13-7-6, 13-7-13.

 

          5:02:08:13.  Nominating petition for municipal election. The nominating petition for a municipal election must be in the following form:

 

NOMINATING PETITION FOR MUNICIPAL ELECTION

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED qualified voters of the municipality of ____________________ in the state of South Dakota, nominate _______________________ whose residence address is ____________________, _______________, South Dakota, _______ and whose mailing address is ____________________, _______________ South Dakota, _______ as a candidate for a _____-year term for the office of ______________ at the Municipal Election to be held on the _____ day of __________, ______.

 

DECLARATION OF CANDIDATE

 

          I, __________________ (print name here exactly as you want it on the election ballot) under oath, declare that I reside and am registered to vote in the municipality of __________________ and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office. If I am an alderman candidate, I declare that I reside and am registered to vote in Ward ________.

 

(Signed)________________________________

 

Sworn to before me this _____ day of __________, ______.

 

(Seal)                                                                                     ________________________________

Signature of Officer Administering Oath

My commission expires _________.

                                                                                              ________________________________

                                                                                              Title of Officer Administering Oath

(Here insert instructions to voters and signature blanks prescribed in § 5:02:08:00.03.)

VERIFICATION BY PERSON CIRCULATING PETITION

 

INSTRUCTIONS TO CIRCULATOR: This section (bold) must (unbold) be completed following circulation and before filing.

Print name of the circulator              Residence Address                    City                             State

 

          I, under oath, state that I circulated the above nominating petition, that each signer personally signed this petition in my presence, that either the signer or I added the printed name, the residence address of the signer, the date of signing, and the county of voter registration, and that I attest the legality of the signatures and that each person signing this petition is a qualified voter of the municipality of _____________________.

 

                                                                                              ________________________________

                                                                                              Signature of Circulator

 

Sworn to before me this _____ day of __________, ______.

 

(Seal)

                                                                                               ________________________________

                                                                                              Signature of Officer Administering Oath

My Commission Expires _________

                                                                                              ________________________________

                                                                                              Title of Officer Administering Oath

 

          Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 12 SDR 43, effective September 23, 1985; 16 SDR 20, effective August 10, 1989; 25 SDR 8, effective August 3, 1998; 26 SDR 168, effective June 25, 2000; 29 SDR 177, effective July 2, 2003; 30 SDR 171, effective May 10, 2004; 42 SDR 15, effective August 11, 2015.

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

          Law Implemented: SDCL 9-13-7, 9-13-11.

 

          5:02:08:20.  Certificate of nomination for Independent presidential electors. The certificate of nomination for Independent presidential electors shall be in the following form:

 

CERTIFICATE OF NOMINATION FOR INDEPENDENT PRESIDENTIAL ELECTORS

INSTRUCTIONS TO CANDIDATES: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED qualified voters of the state of South Dakota, nominate __________________________ of ________________ County, whose mailing address is ______________________________, __________________, SD _______; _______________________ of _____________ County, whose mailing address is ______________________________, __________________, SD _______; __________________________ of _________________ County, whose mailing address is _____________________________, __________________, SD _______, as independent candidates for the office of Presidential Electors for __________________________ and _______________________ at the General Election to be held November ____, 20____.

 

DECLARATION OF CANDIDATES

 

          We, under oath, declare that we reside in ______________, ______________, and ______________ Counties, respectively, and that we are or will be eligible to seek the offices for which we are candidates. If elected, we will qualify and serve in those offices.

 

(Signed) _______________________________

 

(Signed) _______________________________

 

(Signed) _______________________________

 

Sworn to before me this _____ day of ______________, 20____.

 

(Seal)                                                                             ____________________________________

                                                                                       Signature of Officer Administering Oaths

My commission expires _________.

                                                                                       ____________________________________

                                                                                       Title of Officer Administering Oaths

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 6 SDR 25, effective September 24, 1979; 10 SDR 27, effective September 26, 1983; 16 SDR 20, effective August 10, 1989; 33 SDR 230, effective July 1, 2007; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 12-6-5, 12-6-8, 12-7-1, 12-7-7.

 

          5:02:08:23.  Form of petition for change in municipal government. The form of a petition for either proposing a change in the type of municipal government or for increasing or decreasing the number of commissioners, wards, or trustees, or both, shall be as follows:

 

PETITION FOR ELECTION TO CHANGE MUNICIPAL GOVERNMENT

 

          WE, THE UNDERSIGNED qualified voters of the municipality of __________________, petition that the municipal government of ____________________ be changed as follows and that the proposal be submitted to the voters for their approval or rejection pursuant to SDCL 9-11-5:

 

          (Here: either describe the proposed new form of government or the increase or decrease in the number of commissioners, wards, or trustees, or both.)

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 10 SDR 27, effective September 26, 1983; 16 SDR 20, effective August 10, 1989; 42 SDR 15, effective August 11, 2015.

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

          Law Implemented: SDCL 9-11-5.

 

          5:02:08:24.  Form of petition for water development district director. The nominating petition for a director of a water development district shall be in the following form:

 

NOMINATING PETITION FOR WATER DEVELOPMENT DISTRICT DIRECTOR

NONPARTISAN ELECTION

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED registered voters of ____________________ (insert the director area the candidate is to represent) of the ____________________ Water Development District, nominate ___________________ of ______________ County, State of South Dakota, whose mailing address is ______________________________, __________________, SD _______, as a candidate for the office of director, representing ____________________ (insert the director area the candidate is to represent) of the ____________________ Water Development District for a _____ year term in the primary election to be held on June ____, 20____.

______________________________________________________________________________

 

DECLARATION OF CANDIDATE

 

          I, ______________________ (print name here exactly as you want it on the election ballot), under oath, declare that I am a resident and registered voter in the director area that I will represent and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office.

 

                                                                                  (Signed)_______________________________

 

Sworn to before me this ______ day of __________, 20____.

 

(Seal)                                                                                    ________________________________

                                                                                              Signature of Officer Administering Oath

My commission expires _________.

                                                                                              ________________________________

                                                                                              Title of Officer Administering Oath

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 10 SDR 27, effective September 26, 1983; 11 SDR 120, effective March 11, 1985; 16 SDR 20, effective August 10, 1989; 35 SDR 48, effective September 8, 2008; 36 SDR 209, effective June 30, 2010; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 46A-3B-2, 46A-3B-4.

 

          5:02:08:25.  Form of petition for irrigation district director by division. The nominating petition for a director of an irrigation district by division shall be in the following form:

 

NOMINATING PETITION FOR IRRIGATION DISTRICT DIRECTOR BY DIVISION

NONPARTISAN ELECTION

 

          Only owners of not less than thirty-five acres of land within the area to be represented by the candidate are eligible to sign this petition.

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED electors of Director Division ____________________, of the  _________________________ Irrigation District, nominate ___________________ of ______________ County, State of South Dakota, whose mailing address is ______________________________, __________________, SD _______, as a candidate for the office of irrigation district director for Director Division ____________________, of the ___________________ Irrigation District in the annual election to be held on October ____, 20____.

______________________________________________________________________________

 

DECLARATION OF CANDIDATE

 

          I, ______________________ (print name here exactly as you want it on the ballot), under oath, declare that I am an elector in the area that I will represent and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office.

 

                                                                                  (Signed)_______________________________

 

Sworn to before me this ______ day of __________, 20____.

 

(Seal)                                                                                    ________________________________

                                                                                              Signature of Officer Administering Oath

My commission expires _________.

                                                                                              ________________________________

                                                                                              Title of Officer Administering Oath

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 11 SDR 120, effective March 11, 1985; 16 SDR 20, effective August 10, 1989; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 46A-4-27.1, 46A-4-28.

 

          5:02:08:26.  Form of petition for irrigation district director at large. The nominating petition for a director at large of an irrigation district shall be in the following form:

 

NOMINATING PETITION FOR IRRIGATION DISTRICT DIRECTOR AT LARGE

NONPARTISAN ELECTION

 

          Only owners of not less than thirty-five acres of land within the area to be represented by the candidate are eligible to sign this petition.

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED electors of the  _________________________ Irrigation District, nominate ___________________ of ______________ County, State of South Dakota, whose mailing address is ______________________________, __________________, SD _______, as a candidate for the office of irrigation district director at large of the ___________________ Irrigation District in the annual election to be held on October ____, 20____.

 

______________________________________________________________________________

DECLARATION OF CANDIDATE

 

          I, ______________________ (print name here exactly as you want it on the ballot), under oath, declare that I am an elector in the area that I will represent and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office.

 

                                                                                  (Signed)_______________________________

 

Sworn to before me this ______ day of __________, 20____.

 

(Seal)                                                                                    ________________________________

                                                                                              Signature of Officer Administering Oath

My commission expires _________.

                                                                                              _______________________________

                                                                                              Title of Officer Administering Oath

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 11 SDR 120, effective March 11, 1985; 16 SDR 20, effective August 10, 1989; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 46A-4-27.1, 46A-4-28.

 

          5:02:08:27.  Form of petition for water project district director by division. The nominating petition for a director of a water project district by division shall be in the following form:

 

NOMINATING PETITION FOR WATER PROJECT DISTRICT DIRECTOR

BY DIVISION

NONPARTISAN ELECTION

 

          Only registered voters or owners of real property, or both, within the area to be represented by the candidate are eligible to sign this petition. (SDCL 46A-18-2.1)

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED qualified voters of Director Division _______________, of the  _________________________ Water Project District, nominate ___________________ of ______________ County, State of South Dakota, whose mailing address is ______________________________, __________________, SD _______, as a candidate for the office of water project district director for Director Division ___________________, of the ___________________ Water Project District in the annual election to be held on ____________, 20____.

______________________________________________________________________________

 

DECLARATION OF CANDIDATE

 

          I, ______________________ (print name here exactly as you want it on the ballot), under oath, declare that I am a qualified voter as defined in SDCL 46A-18-2.1 in the area that I will represent and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office.

 

                                                                                  (Signed)_______________________________

 

Sworn to before me this ______ day of __________, 20____.

 

(Seal)                                                                                    ________________________________

                                                                                              Signature of Officer Administering Oath

My commission expires _________.

                                                                                              ________________________________

                                                                                              Title of Officer Administering Oath

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 11 SDR 120, effective March 11, 1985; 16 SDR 20, effective August 10, 1989; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 46A-18-25.

 

          5:02:08:28.  Form of petition for water project district director at large. The nominating petition for a director at large of a water project district shall be in the following form:

 

NOMINATING PETITION FOR WATER PROJECT DISTRICT DIRECTOR AT LARGE

NONPARTISAN ELECTION

 

          Only registered voters or owners of real property, or both, within the area to be represented by the candidate are eligible to sign this petition. (SDCL 46A-18-2.1)

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED qualified voters of the  _________________________ Water Project District, nominate ___________________ of ______________ County, State of South Dakota, whose mailing address is  ______________________________, __________________, SD _______, as a candidate for the office of water project district director at large of the ___________________ Water Project District in the annual election to be held on ________________, 20____.

______________________________________________________________________________

 

DECLARATION OF CANDIDATE

 

          I, ______________________ (print name here exactly as you want it on the ballot), under oath, declare that I am a qualified voter as defined in SDCL 46A-18-2.1 in the District that I will represent and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office.

 

                                                                                  (Signed)_______________________________

 

Sworn to before me this ______ day of __________, 20___.

 

(Seal)                                                                                    ________________________________

                                                                                              Signature of Officer Administering Oath

My commission expires _________.

                                                                                              ________________________________

                                                                                              Title of Officer Administering Oath

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 11 SDR 120, effective March 11, 1985; 16 SDR 20, effective August 10, 1989; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 46A-18-25.

 

          5:02:08:34.  Form of nominating petition for township election. The nominating petition for a township election must be in the following form:

 

NOMINATING PETITION FOR TOWNSHIP ELECTION

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

          WE, THE UNDERSIGNED qualified voters of the township of __________________ in  __________________ County, South Dakota, nominate ____________________________ whose residence address is __________________________, __________________, SD _________, and whose business address is ___________________________, __________________, SD _________, as a candidate for the office of ________________________ at the annual township meeting to be held on the ______ day of ______________, 20_____.

______________________________________________________________________________

DECLARATION OF CANDIDATE

 

          I, ___________________________ (print name here exactly as you want it on the election ballot) under oath, declare that I reside in the township of ____________________ in ___________________ County, South Dakota, and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office.

 

                                                                                  (Signed)_______________________________

 

Sworn to before me this _____ day of ___________, 20______.

 

(Seal)                                                                                    ________________________________

                                                                                              Signature of Officer Administering Oath

My commission expires __________.

                                                                                              ________________________________

                                                                                              Title of Officer Administering Oath

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 16 SDR 203, effective May 28, 1990; 25 SDR 8, effective August 3, 1998; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 8-3-1.2.

 

          5:02:08:35.  Form of nominating petition for special district trustee. The petition for special district trustees must be in the following form:

 

NOMINATING PETITION FOR DISTRICT TRUSTEE

 

          WE, THE UNDERSIGNED qualified voters of __________________ District, _______________ County, South Dakota, nominate _____________________________ whose residence address is  __________________________, __________________, SD _________, and whose business address is ___________________________, __________________, SD _________, as a candidate for the office of District Trustee of __________________ District at the election to be held on the ______ day of ______________, 20_____.

______________________________________________________________________________

DECLARATION OF CANDIDATE

 

          I, ___________________________ (print name here exactly as you want it on the ballot) under oath, declare that I am eligible for the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office.

 

                                                                                       (Signed)_____________________________

 

Sworn to before me this _____ day of __________________, 20____.

 

(Seal)                                                                                    ________________________________

                                                                                              Signature of Officer Administering Oath

My commission expires __________.

                                                                                              ________________________________

                                                                                              Title of Officer Administering Oath

 

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 16 SDR 203, effective May 28, 1990; 25 SDR 8, effective August 3, 1998; 35 SDR 48, effective September 8, 2008; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 6-16-8, 31-12A-17, 34A-5-21.

 

          5:02:08:36.  Form of petition for conservation district supervisor -- Nonpartisan election. The nominating petition for conservation district supervisor must be in the following form:

 

NONPOLITICAL CONSERVATION DISTRICT PETITION

CONSERVATION DISTRICT SUPERVISOR

INSTRUCTIONS TO CANDIDATE: The heading of this petition and the declaration of candidacy must be fully completed before the petition is circulated for signatures.

______________________________________________________________________________

          WE, THE UNDERSIGNED registered voters of ______________________________ Conservation District in _______________________ County(ies), South Dakota, nominate ________________________________ of _____________ County, State of South Dakota, whose mailing address is ______________________________, __________________, SD _______, as a candidate for the office of Conservation District Supervisor, for ______ "a four" ______ "the remaining two years of a four" (place check mark (ü) in front of the correct option) year term, within the ___________________ Conservation District at the general election to be held on November ______, 20_____.

DECLARATION OF CANDIDATE

 

          I, ___________________________ (print name here exactly as you want it on the election ballot), under oath, declare that I am registered to vote in ___________________ County, and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve as Conservation District Supervisor.

 

                                                                                  (Signed)_____________________________

 

Sworn to before me this _____ day of __________________, 20______.

 

(Seal)                                                                        ________________________________

                                                                                       Signature of Officer Administering Oath

                                                                                       ________________________________

                                                                                       Title of Officer Administering Oath

My commission expires __________.

_____________________________________________________________________________

          The balance of this petition form is prescribed in § 5:02:08:00.03.

 

          Source: 20 SDR 4, effective July 19, 1993; 27 SDR 146, effective July 9, 2001; 44 SDR 94, effective December 4, 2017; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 38-8-39.

 

          5:02:08:37.  Form of petition for urban area conservation district supervisor -- Nonpartisan election. Repealed.

 

          Source: 20 SDR 4, effective July 19, 1993; 27 SDR 146, effective July 9, 2001; 44 SDR 94, effective December 4, 2017.

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          5:02:08:38.  Form of petition for rural landowner or occupier conservation district supervisor -- Nonpartisan election. Repealed

 

          Source: 20 SDR 4, effective July 19, 1993; 27 SDR 146, effective July 9, 2001; 44 SDR 94, effective December 4, 2017.

 

          5:02:08:42.  Form of petition for consumers power district director. The nominating petition for a director of a consumers power district shall be in the following form:

 

NONPARTISAN NOMINATING PETITION FOR CONSUMERS POWER DISTRICT DIRECTOR

 

 

          WE, THE UNDERSIGNED registered voters of Subdivision No. _____ (insert the subdivision the candidate is to represent) of the ________________ Consumers Power District nominate ______________________________________ of ________________ County, State of South Dakota, whose mailing address is ______________________________, __________________, SD _______ and whose residence address is ______________________________, __________________, SD _______ as a candidate for the office of director, representing Subdivision No. _____ (insert the subdivision area the candidate is to represent) of the ________________ Consumers Power District in the primary election to be held on June ____, 20_____.

 

DECLARATION OF CANDIDATE

 

          I, ________________________________ (print name here exactly as you want it on the election ballot), under oath, declare that I own real property and reside in the area that I will represent and that I am eligible to seek the office for which I am a candidate. If nominated and elected, I will qualify and serve in that office.

 

(Signed)_____________________________

Sworn to before me this _____ day of _____________, 20_____.

_________________________________

      (Seal)                                                                              Signature of Officer Administering Oath

 

My Commission Expires ___________                               ________________________________

Title of Officer Administering Oath

 

The balance of this petition form is prescribed in § 5:02:08:00.03

 

          Source: 35 SDR 48, effective September 8, 2008; 47 SDR 37, effective October 6, 2020.

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

          Law Implemented: SDCL 49-36-1.3.

 

          5:02:08:46.  Form of petition for a school board to implement a school sentinel program. The petition for implementing a school sentinel program shall be in the following form:

 

PETITION FOR IMPLEMENTING A SCHOOL BOARD SENTINEL PROGRAM

 

          WE, THE UNDERSIGNED qualified voters of the _______________ School District No. ____, petition that the question of implementing a school board sentinel program be submitted to the voters of this school district for their approval or rejection pursuant to SDCL 13-64-7.

 

(Add school board decision regarding the sentinel program and date of passage here)

 

          The balance of this petition form is as prescribed in § 5:02:08:00.03.

 

          Source: 42 SDR 178, effective July 1, 2016.

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

          Law Implemented: SDCL 13-64-7, 13-64-9.