State of South Dakota
|
EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
555N0056 |
SENATE BILL
NO.
6
|
Introduced by:
The Committee on Local Government at the request of the Office of the
Secretary of State
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-5-1 be amended to read as follows:
12-5-1. A new political party may be organized and participate in the primary election by filing with the secretary of state not later than the first Tuesday of April at five
whereupon the party shall, under the party name chosen, have all the rights of a political party whose ticket was on the ballot at the preceding general election.
Section 2. That § 12-5-1.2 be repealed.
Section 3. That § 12-5-1.4 be amended to read as follows:
12-5-1.4. If a political party qualifies for the primary ballot under § 12-5-1,
Section 4. That § 12-5-2 be amended to read as follows:
12-5-2.
the national convention of each political party in accordance with the provisions of §§ 12-5-3.6
to 12-5-3.15, inclusive. If delegates and alternates are not elected at large from the entire state
the constitution or bylaws shall set forth the area boundaries for representation coincident with
some geographical division of the state otherwise authorized or provided by law
at each primary
election. If a party chooses to elect precinct committeemen and committeewomen at the primary
election pursuant to
§
§
12-5-4 to 12-5-13, inclusive, the party shall provide for such election in
the party's constitution or bylaws
.
Section
5.
That
§
12-5-3.6
be amended to read as follows:
12-5-3.6.
A state political party, in its Constitution or bylaws,
or by action of its state
convention, meeting in the even nonpresidential election years,
shall determine the method of
allocating delegates and alternates to its next national convention.
Section
6.
That
§
12-5-3.7
be repealed.
12-5-3.7.
Each political party shall determine the method by which its national convention
delegates and alternates are chosen in the same manner as provided by § 12-5-3.6.
Section
7.
That
§
12-5-3.8
be amended to read as follows:
12-5-3.8.
If a political party chooses to have a primary for selection of its delegates and
alternates to the national convention,
it
the party
shall certify the
candidate names or the
delegate and alternate
slates
which are to be listed on the primary ballot
to the secretary of state
by the first Tuesday in April preceding the primary by five
o'clock
p.m.
The
Only candidates or
slates certified
shall
may
be placed on the ballot by the secretary of state and the position of the
candidates or
slates on the primary ballot shall be chosen by lot by the secretary of state. The
certification shall be deemed to be filed if mailed by registered mail by five
o'clock
p.m. on the
first Tuesday in April.
Section
8.
That
§
12-5-3.9
be amended to read as follows:
12-5-3.9. The state
Section 9. That § 12-5-3.10 be repealed.
by the state party chairman to each delegate and each alternate entitled thereto by
allocation.
Section
10.
That
§
12-5-14
be amended to read as follows:
12-5-14.
The precinct committeemen and the precinct committeewomen of each political
party
elected at the primary election
; the state committeemen and committeewomen; the county
chairperson, vice-chairperson, and secretary-treasurer or secretary and treasurer; and the elected
public officers who reside in the county
and other officers as designated by the party's
constitution or bylaws
, shall constitute the county central committee of their respective parties.
They shall form their party organization by electing a county chairperson
, a vice-chairperson,
a secretary-treasurer or a secretary and a treasurer, a state committeeman and a state
committeewoman, who shall hold their offices until their successors have been elected. A
majority vote of the precinct committeemen and committeewomen, state committeemen and
committeewomen, county officers and elected public officers present, shall constitute an
election which
and other officers as determined by the party's constitution or bylaws. The name
and mailing address of the county chairperson
shall be certified to the county auditor
, except that
the election of state committeemen, committeewomen and county chairpersons shall also be
certified to the secretary of state. Each political party shall adopt bylaws pursuant to § 12-5-1.1
determining the organization and procedure of its county central committee
immediately
following the election of the county chairperson or change of the county chairperson
. The name
and
mailing
address of the state party chairperson shall be certified to the secretary of state
immediately following the election or appointment of the state party chairperson.
Section
11.
That
§
12-5-15
be amended to read as follows:
12-5-15.
Vacancies occurring in any precinct or in any position the election to which is
provided for in § 12-5-14 by reason of death, resignation, or otherwise, and the filling of such
vacancies, shall also be so certified.
The county central committee
shall have power to
may
fill
vacancies in its membership,
or in the office of any other position the election to which is
provided for in § 12-5-14
except for public officers, in accordance with the party's constitution
or bylaws
.
Section
12.
That
§
12-5-16
be repealed.
12-5-16.
Each political party shall adopt bylaws pursuant to § 12-5-1.1 to determine which
members of the county central committee shall represent all the party voters at the meetings of
the State Central Committee.
Section
13.
That
§
12-5-19
be repealed.
12-5-19.
After perfecting its organization, in years in which nominations are made pursuant
to § 12-5-21, the convention shall proceed to adopt the state platform of the party, voting on
each plank separately.
Section
14.
That
§
12-5-22
be amended to read as follows:
12-5-22.
Nominations by a state convention shall be made by a majority vote of the votes
cast
,
and shall be certified to the secretary of state by the officers of the convention,
immediately
at
within three days of
the close of the convention.
No certification may be received by the
secretary of state later than the second Tuesday in August.
Section
15.
That
§
12-5-23
be repealed.
12-5-23.
The state convention, unless otherwise prescribed by party Constitution or bylaws,
shall also elect the party state chairman and vice-chairman who shall be of opposite sex and
other officers needed to complete the state organization of the party.
Section
16.
That
§
12-5-24
be repealed.
12-5-24.
A vacancy occurring in any position, such as delegate or alternate delegate to a
national convention, national committeeman, national committeewoman, or state chairman, by
death, resignation, or otherwise, shall be filled in accordance with the party's bylaws. Vacancies
occurring in any such office by reason of death, resignation, or otherwise, and the filling of such
vacancies, shall be certified to the secretary of state.