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:
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, notify each county auditor and the chair of each political party recognized pursuant to chapter 12-5 of the date and purpose of the special election. The State Central Committee of each recognized political party may nominate a person to fill the vacancy and any independent candidate filing nominating petitions meeting the requirements of § 12-7-1 may also have 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:
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, notify each county auditor and the chair of each political party recognized pursuant to chapter 12-5 of the date and purpose of the special election. The State Central Committee of each recognized political party may nominate a person to fill the vacancy and any independent candidate filing nominating petitions meeting the requirements of § 12-7-1 may also have 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
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.
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.
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.
|
I certify that the attached Act originated in the
SENATE as
Bill
No.
1
____________________________ Secretary of the Senate ____________________________ President of the Senate
Attest:
____________________________ Secretary of the Senate
____________________________
Attest:
____________________________ Chief Clerk
Senate
Bill
No.
1
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
