State of South Dakota
|
EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
555N0057 |
HOUSE BILL
NO.
1007
|
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 § 9-13-37 be amended to read as follows:
9-13-37. Any other provision of this chapter notwithstanding, the members of the governing body of a municipality may choose to hold a municipal election in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the counties in which the municipality is located. Expenses of a combined election shall be shared in a manner agreed upon by the governing body of the municipality and the county commissions involved. All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and Title 12 shall be shared as agreed upon by the governing bodies. The finance officer shall publish the notice required in § 9-13-6 between February fifteenth and March first. No nominating petition may be circulated for signatures until March first. Nominating petitions shall be filed under the provisions of § 9-13-7 by the
candidate names and ballot language to be voted on by the first
Friday
Thursday
after the
first
last
Tuesday in
April
March
.
Section
2.
That
§
9-13-40
be amended to read as follows:
9-13-40.
Any other provision of this chapter notwithstanding, the members of the governing
body of a municipality may choose to hold a municipal election on the first Tuesday after the
first Monday in June. The finance officer shall publish the notice required in § 9-13-6 between
February fifteenth and March first. No nominating petition may be circulated for signature until
March first. Nominating petitions shall be filed under the provisions of § 9-13-7 by the
first
last
Tuesday in
April
March
. All other governmental responsibilities associated with holding
elections under the provisions of chapter 9-13 shall be met by the municipality.
Section
3.
That
§
9-20-11.2
be amended to read as follows:
9-20-11.2.
If a municipality submits a question to the electors at the next general election
pursuant to § 9-20-11, the municipality shall certify the ballot language to the county auditor by
the
last
third
Tuesday in August of the year of the general election.
Section
4.
That
§
12-2-5
be amended to read as follows:
12-2-5.
Any other provision of law notwithstanding, the members of the governing body of
any governmental subdivision may choose to hold their elections in conjunction with the regular
June primary election. The combined election is subject to approval by the county commissions
of the counties in which the governmental subdivision is located. Expenses of a combined
election shall be shared in a manner agreed upon by the governing body of the subdivision and
the county commissions involved. All other governmental responsibilities associated with
holding elections under the provisions for that subdivision and Title 12 shall be shared as agreed
upon by the governing bodies. The governmental subdivision clerk shall publish the notice of
vacancy between February fifteenth and March first. No nominating petition may be circulated
for signatures until March first. Nominating petitions shall be filed under the provisions required
for that subdivision by the
first
last
Tuesday in
April
March
. The clerk shall certify to the
appropriate county auditor the candidate names and ballot language to be voted on by the first
Friday
Thursday
after the
first
last
Tuesday in
April
March
.
Section
5.
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
last
Tuesday of
April
March
at five
o'clock
p.m. prior to the date of the primary election, a written declaration signed by at least two
and one-half percent of the voters of the state as shown by the total vote cast for Governor at the
last preceding gubernatorial election, which declaration shall contain:
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 6. 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 shall certify the slates to the secretary of state by the
Section 7. That § 12-5-3.14 be amended to read as follows:
12-5-3.14. Any candidate, committee, or group supporting a candidate in any presidential primary, shall, by the
notify the secretary of state of an intention to have the name of the candidate placed on the
presidential primary election ballot or submit a slate of candidates or both.
Section
8.
That
§
12-5-4
be amended to read as follows:
12-5-4.
A candidate for party precinct committeeman or committeewoman shall file a
statement in writing, with the county auditor of the county in which he
or she
is a candidate, not
later than the
first
last
Tuesday in
April
March
before the primary election. The statement shall
state that the
person whose name is subscribed thereto is
candidate:
Section 9. That § 12-6-4 be amended to read as follows:
12-6-4. Except as provided by § 12-5-4 and as may be otherwise provided in chapter 12-9, no candidate for any office to be filled, or nomination to be made, at the primary election, other than a presidential election, may have that person's name printed upon the official primary election ballot of that person's party, unless a petition has been filed on that person's behalf not prior to January
section. Nominating petitions for all party and public offices except legislative and judicial
offices shall be filed in the office of the county auditor of the county in which the person is a
candidate. Nominating petitions for legislative and judicial office whether elected in one or
more counties, and all other party and public offices to be voted on in more than one county
shall be filed in the Office of the Secretary of State.
Section
10.
That
§
12-6-8.1
be amended to read as follows:
12-6-8.1.
Any person may have his
or her
name withdrawn from the primary election by
making a written request under oath. The request shall be filed with the officer with whom the
nominating petition was filed pursuant to § 12-6-4, not later than the
second to the
last Tuesday
in March at five p.m. If the request is mailed by registered mail by the
second to the
last
Tuesday in March at five p.m.,
it
the request
is properly filed. No name
so
that is
withdrawn
pursuant to this section
may be printed on the ballots to be used at the election.
Section
11.
That
§
12-8-8
be amended to read as follows:
12-8-8.
The secretary of state, not later than the
last
third
Tuesday in August at five p.m.
before
the day fixed by law for
the
general
election
of the persons nominated
, shall certify to the
county auditor of each county within which any voters of this state vote for
such
the
officer or
officers nominated at the preceding primary, whose certificates of nomination have been filed
in
his office
the Office of the Secretary of State
, or who have been regularly named or petitioned
for filling of a vacancy, the name and description of each person so nominated. In years when
a President and vice president are
to be
nominated and the national party conventions are held
at such a late date as to make the foregoing provisions impossible, then, the secretary of state
shall make the certification not later than seven days after nominations of such President and
vice president.
Section
12.
That
§
12-11-3
be amended to read as follows:
12-11-3. Each party nomination and independent petition shall be filed with the secretary of state not less than forty-five days preceding any election which is not combined with a primary or general election. If the election is conducted with a primary election, each party nomination and independent petition shall be filed by the
Section 13. That § 13-7-10.3 be amended to read as follows:
13-7-10.3. Any other provision of this chapter notwithstanding, the school board may choose to hold the school board election in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the counties in which the school district is located. Expenses of a combined election shall be shared in a manner agreed upon by the school board and the county commissions involved. All other governmental responsibilities associated with holding elections under the provisions of chapter 13-7 and Title 12 shall be shared as agreed upon by the governing bodies. The school election official shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the first
Section 14. That § 13-7-10.4 be amended to read as follows:
13-7-10.4. For any school board election held on the first Tuesday after the first Monday in June, the deadlines in this section apply. The school's election official shall publish the notice provided in § 13-7-5 between February fifteenth and March first. No nominating petition may be circulated for signatures until March first. Nominating petitions shall be filed under the provisions of § 13-7-6 by the