FOR AN ACT ENTITLED, An Act to  provide for nomination and election when a vacancy occurs in the office of representative in the United States Congress due to extraordinary circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That chapter 12-11 be amended by adding thereto a NEW SECTION to read as follows:

     If a vacancy occurs in the office of representative in the United States Congress due to extraordinary circumstances as defined in 2 USC Chapter 1 §  8 as of January 1, 2008, the Governor shall immediately issue a proclamation calling and setting the date for a special election to fill the vacancy. The proclamation shall contain the deadline for nomination.
     Section 2.  That § 12-11-2 be amended to read as follows:
     12-11-2.   The proclamation issued pursuant to § 12-11-1 or section 1 of this Act shall be filed with the secretary of state who shall, if a special election is called for, thereupon notify each county auditor and the chairman chair of each political party recognized pursuant to chapter 12- 5 of the date and purpose thereof of the special election . The State Central Committee of each

recognized political party so recognized shall be entitled to may nominate a person to fill such the vacancy and any independent candidates candidate filing nominating petitions meeting the requirements of § 12-7-1 may also have their names his or her name placed on the ballot.
     Section 3.  That chapter 12-11 be amended by adding thereto a NEW SECTION to read as follows:

     If the date of the special election conducted pursuant to section 1 of this Act requires that absentee ballots cast by absent uniformed services voters or overseas voters arriving after election day be counted as required by 2 USC Chapter 1 §  8 as of January 1, 2008, these absentee ballots shall be processed and counted by the provisional ballot counting board. The provisional ballot counting board shall meet on the deadline established in 2 USC Chapter 1 §  8 as of January 1, 2008, for the return of these absentee ballots. The official county canvass shall be conducted within twenty-four hours after the conclusion of the absentee and provisional ballot count. The official state canvass shall be held within three days after the conclusion of the county canvass.