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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
| 780H0040 |
HOUSE BILL
NO.
1116
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Introduced by:
Representatives McCaulley, Begalka, Brown (Jarvis), Duenwald, Duniphan,
Eccarius, Frost, Fryslie, Garnos, Hansen (Tom), Hennies (Don), Hennies
(Thomas), Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Koistinen, Lintz,
Madsen, McCoy, Michels, Monroe, Murschel, Napoli, Pederson (Gordon),
Peterson (Bill), Rhoden, Sebert, Slaughter, Smidt, Sutton (Duane), Teupel,
Van Etten, Van Gerpen, and Wick and Senators Bogue, Apa, Brosz, Brown
(Arnold), Cradduck, de Hueck, Diedrich (Larry), Diedtrich (Elmer), Everist,
Greenfield, Koskan, Madden, McCracken, Putnam, and Vitter
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FOR AN ACT ENTITLED, An Act to
prohibit a person from being on the general election
ballot for President or vice-president and another office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 12-5 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 12-5 be amended by adding thereto a NEW SECTION to read as follows:
Notwithstanding the deadline provided in
§
12-6-55, if any person is certified as a
presidential or vice-presidential candidate pursuant to
§
12-5-3.16 and that person is a candidate
for another office, the person shall choose one of the candidacies and withdraw from any other
candidacy. If the person fails to choose one of the candidacies within seven days of certification
as a presidential or vice-presidential candidate, the person is deemed to have chosen the
candidacy pursuant to
§
12-5-3.16 and is further deemed to have withdrawn from any other
candidacy. The resulting vacancy may be filled within seven days after the withdrawal in the
manner provided in
§
§
12-6-56 and 12-6-57.
Section
2.
That chapter
12-7
be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding the deadline provided in
§
12-6-55, if any person is nominated as a
presidential or vice-presidential candidate pursuant to
§
12-7-7 and that person is a candidate for
another office, the person shall choose one of the candidacies and withdraw from any other
candidacy. If the person fails to choose one of the candidacies within seven days of certification
as a presidential or vice-presidential candidate, the person is deemed to have chosen the
candidacy pursuant to
§
12-7-7 and is further deemed to have withdrawn from any other
candidacy.
Section 3. That § 12-6-3 be amended to read as follows:
12-6-3. No person
shall
may
be a candidate for nomination to more than one public office,
but
no matter if such person appears on the ballot in name or is represented by electors pursuant
to
§
12-5-3.16 or 12-7-7. However,
a candidate for any such office
shall
is
not
be
prohibited
from being elected to any one or more party offices as may be provided in chapter 12-5.
Section 3. That § 12-6-3 be amended to read as follows:
12-6-3. No person
