CHAPTER 12-9
JUDICIAL NOMINATIONS AND ELECTIONS
12-9-1 Judicial officers nominated and elected in nonpolitical elections.
12-9-2 12-9-2. Repealed by SL 2013, ch 65, § 1.
12-9-3 12-9-3. Repealed by SL 1973, ch 74, § 14.
12-9-3.1 Individual judicial positions designated by secretary of state.
12-9-4 Filing of nominating petitions--Number of signatures--Form and contents.
12-9-5 12-9-5. Repealed by SL 1974, ch 118, § 200.
12-9-6 Party references prohibited in petitions filed.
12-9-7 12-9-7. Repealed by SL 1974, ch 118, § 200.
12-9-8 Primary not required if no more than two candidates for each position.
12-9-9 12-9-9. Repealed by SL 1974, ch 118, § 200.
12-9-10 Order of listing candidates on ballot--Arrangement by lot--Right to be present.
12-9-11 12-9-11. Repealed by SL 1974, ch 118, § 200.
12-9-12 Preparation of judicial primary ballots--Order of listing candidates.
12-9-13 Form of judicial ballot prescribed by board.
12-9-14 Nomination by highest vote--Number of nominees.
12-9-15 Petitions to fill vacancies after primary.
12-9-16 12-9-16 to 12-9-20. Repealed by SL 1974, ch 118, § 200.
12-9-21 Certain personally identifiable information of judicial officers excluded from public record.
12-9-A Repealed by SL 2006, ch 274 (Supreme Court Rule 05_13), eff. Jan. 1, 2006.
12-9-1. Judicial officers nominated and elected in nonpolitical elections.
All candidates for the office of judge of the circuit court, and such other judicial officers as may be required by law to be elected, shall be nominated and voted for at the primary and general elections in the manner provided by this chapter and not otherwise.
Source: SL 1921, ch 224, § 1; SDC 1939, § 16.0301; SL 1974, ch 118, § 36; SL 1981, ch 164, § 1.
12-9-3.1. Individual judicial positions designated by secretary of state.
The secretary of state shall designate each individual judicial position to be filled by election. The position that is assigned to an individual judge is assigned also to the judge's successor in office. A candidate for circuit court shall indicate the specific position for which the candidate is running.
Source: SL 1976, ch 107, § 1; SL 1995, ch 82.
12-9-4. Filing of nominating petitions--Number of signatures--Form and contents.
Nominating petitions for judicial office filed pursuant to this chapter shall state the judicial position sought, using the designations established pursuant to § 12-9-3.1, which shall be filed in the Office of the Secretary of State within the time prescribed by § 12-6-4 and shall be signed by not less than fifty registered voters of the district or circuit or other division of court boundaries. To the extent it is consistent with this chapter, § 12-6-8 shall govern such petitions.
Source: SL 1921, ch 224, § 2; SDC 1939, § 16.0302; SL 1943, ch 72; SL 1959, ch 92; SL 1961, ch 96, § 1; SL 1968, ch 143, § 3; SL 1972, ch 83, § 1; SL 1974, ch 118, § 38; SL 1976, ch 105, § 21; SL 1976, ch 107, § 2.
12-9-6. Party references prohibited in petitions filed.
In any petition filed by or on behalf of any candidate for nomination to judicial office at any primary election or any attachment thereto no reference shall be made to any party ballot or to the party affiliation of such candidate.
Source: SL 1921, ch 224, § 3; SDC 1939, § 16.0303; SL 1974, ch 118, § 39.
12-9-8. Primary not required if no more than two candidates for each position.
When nominating petitions are filed on behalf of candidates not to exceed twice the number of persons for the number of judicial positions to be filled, the names of such persons need not be placed upon the primary ballot but such persons shall be the nominees for such positions.
Source: SL 1921, ch 224, § 4; SL 1925, ch 162, § 1; SDC 1939, § 16.0304; SL 1974, ch 118, § 40; SL 1976, ch 107, § 3.
12-9-10. Order of listing candidates on ballot--Arrangement by lot--Right to be present.
The order of names of judicial candidates certified by the secretary of state to each of the county auditors shall be arranged by lot. Any candidate shall have the right to be present or represented when the arrangement is being determined.
Source: SL 1925, ch 161, §§ 1, 2; SDC 1939, §§ 16.0306, 16.0307; SDCL, § 12-9-9; SL 1968, ch 143, § 5; SL 1974, ch 118, § 41; SL 1976, ch 105, § 22.
12-9-12. Preparation of judicial primary ballots--Order of listing candidates.
At all primary elections at which candidates for judicial office are to be nominated and a primary is required there shall be prepared and furnished by the several county auditors, separate ballots upon which shall be placed the names of the candidates for such offices, which ballots shall be entitled "nonpolitical judiciary ballot" and shall contain no other designation. The names of all candidates shall be placed thereon without any party designation in the order designated by the secretary of state.
Source: SL 1921, ch 224, § 5; SL 1925, ch 162, § 2; SDC 1939, § 16.0305; SL 1974, ch 118, § 42.
12-9-13. Form of judicial ballot prescribed by board.
The form of the nonpolitical judiciary ballot shall be prescribed by the State Board of Elections.
Source: SL 1921, ch 224, § 5; SL 1925, ch 162, § 2; SDC 1939, § 16.0305; SL 1974, ch 118, § 43; repealed SL 1976, ch 107, § 4; re-enacted SL 1976, ch 105, § 23.
12-9-14. Nomination by highest vote--Number of nominees.
The nominees shall be those persons constituting twice the number of persons to be elected receiving the highest number of votes in the primary election.
Source: SL 1921, ch 224, § 5; SL 1925, ch 162, § 2; SDC 1939, § 16.0305; SL 1968, ch 143, § 4; SL 1974, ch 118, § 44.
12-9-15. Petitions to fill vacancies after primary.
Whenever after nominations have been made under the provisions of this chapter and the number of nominees for a judicial office shall be reduced through death, withdrawal, or disqualification of a nominee or nominees for such office, the registered voters of the district or circuit as the case may be, may, if there is sufficient time for filing a nominating petition pursuant to § 12-8-6, nominate one or more candidates for such judicial office by a petition otherwise complying with § 12-9-4.
Source: SL 1921, ch 224, § 6; SL 1925, ch 162, § 3; SDC 1939, § 16.0308; SL 1968, ch 143, § 7; SL 1974, ch 118, § 45.
12-9-21. Certain personally identifiable information of judicial officers excluded from public record.
Any personally identifiable information filed pursuant to this chapter with the Office of the Secretary of State by or on behalf of any candidate for the office of judge of the circuit court or a justice of the Supreme Court subject to a retention election is not open to public inspection. For purposes of this section, the term, personally identifiable information, means any home address, home or personal telephone number, or personal email address. The county of residence of the candidate for the office of judge or justice subject to a retention election is a public record.
Source: SL 2022, ch 11, § 5, eff. Feb. 14, 2022.
