Codified Laws


Text Search


Enter the text to search for and click Search to get a list of statutes containing the text you entered. Tips:
  • Multiple words will be searched as a phrase. Entering Property Tax will return statutes that contain the complete phrase Property Tax.
  • Logical Operators are allowed. Hunting and Fishing will return statutes that containing both hunting and fishing. Hunting or Fishing will return statutes that contain hunting, fishing, or both.
  • Wild cards(*) are allowed. Entering Approp* will return statutes that contain Appropriation, Appropriate, Appropriated, etc..
  • Punctuation can also be used as operators. + = and, , = or. Searching for phrases that have , and will result in error unless you enclose the entire phrase in quotes.
The Filter option allows you to narrow your search results to a specific Title or Chapter. Here is a tip for using the filter option.
  • Use a dash (-) as the last character of your filter to refine searches. For example the filter "1-1" returns sections in 1-1, 1-10, 1-11, 1-12, etc. The filter "1-1-" returns only sections in Chapter 1-1.

Quick Find


Type the Statute number you are looking for in the form Title-Chapter-Section . Examples(1-1-1.1, 27A-11A-12, etc.)

The Get Statute button can be used to locate a specific statute. You may type in a title, chapter, or section number. Example: typing 1 will return the chapter list for Title 1, typing 1-1 will return the section list for chapter 1-1, typing 1-1-1 will return section 1-1-1 of the statutes.

The Get Chapter button can be used to load a complete chapter of the statutes. This function requires a title and a chapter number. Examples: 1-1, 57A-1, 1-3

 
12-1 GENERAL PROVISIONS AND STATE BOARD
CHAPTER 12-1

GENERAL PROVISIONS AND STATE BOARD

12-1-1      Elections to which title applies.
12-1-1.1      Laws applicable to election of county officers.
12-1-2      Application to local elections.
12-1-2.1      Option to adopt campaign finance law .
12-1-3      Definition of terms used in title.
12-1-3.1      Alternative political status defined.
12-1-4      Criteria for determining voting residence.
12-1-5      State board created--Members--Terms--Vacancies--Oath.
12-1-6      Per diem and expenses.
12-1-7      Assistance by secretary of state's office.
12-1-7.1      Repealed.
12-1-8      Legal assistance to board.
12-1-9      Rule-making power of board.
12-1-10      Recommendations to secretary of state.
12-1-11      Costs paid by county--Exception for local elections.
12-1-12      Political party office prohibited in county courthouse.
12-1-13      Challenge to petition signatures or declaration of candidacy.
12-1-14      Verification of petition signatures or declaration of candidacy--Written declaration as to validity.
12-1-15      Notification of candidate or sponsor if petition declared invalid.
12-1-16      Other legal remedies to challenge petition not precluded.
12-1-17      Computation of time allowed for election notice or filing.
12-1-18      Time when petition may be circulated.
12-1-19, 12-1-20. Repealed.
12-1-21      Complaints filed under the Help America Vote Act.
12-1-22      Arbitration of complaints under Help America Vote Act--Appointment of arbitrator--Time for resolution.
12-1-23      Time and place of hearing--Notice to parties.
12-1-24      Subpoena issued by arbitrator--Service and enforcement.
12-1-25      Depositions permitted by arbitrators--Compelling testimony.
12-1-26      Evidence presented by parties--Cross-examination.
12-1-27      Adjournment or postponement of hearing--Failure of party to appear.
12-1-28      Issuance of resolution--Delivery to parties.
12-1-29      Payment of expenses of proceedings.
12-1-30      Grounds to vacate resolution--New arbitrator.
12-1-31      Invalid candidacy on nominating petition--Vacancy after primary election.
12-1-32      Registered sex offenders prohibited from circulating petitions--Violation as misdemeanor.
12-1-33      Exception for registered sex offender circulating petition under supervision.
12-1-34      Exception for registered sex offender circulating nominating petition on his or her own behalf.
12-1-35      Secretary of state to examine nominating petitions for statewide office for compliance.
12-1-36      Verification of signatures on nominating petitions by random sampling.
12-1-37      Certification of sufficient or insufficient number of signatures based on random sampling .
12-1-38      Circuit court challenge not affected by random sampling.


12-1-39      Availability of petition to public.


12-1-1Elections to which title applies.

The provisions of this title shall apply to all elections for state, district, and county officers and other officers except in cases where from the context of any statute a different intention plainly appears.

Source: PolC 1877, ch 27, § 1; CL 1887, § 1440; RPolC 1903, § 1863; RC 1919, § 7210; SDC 1939, § 16.0101.


12-1-1.1Laws applicable to election of county officers.

All election laws of this state relating to nomination and election of candidates for office on political ballots shall apply to the nomination and election of a sheriff, county auditor, register of deeds, treasurer, state's attorney, and coroner.

Source: SL 1973, ch 48, § 2.


12-1-2Application to local elections.

The provisions of this title apply to township, municipal, school, and other subdivision elections unless otherwise provided by the statutes specifically governing their elections or this title.

Source: PolC 1877, ch 27, § 1; CL 1887, § 1440; SL 1890, ch 37, art XIV, §§ 5, 6; RPolC 1903, §§ 1288, 1289, 1863; SL 1913, ch 119, §§ 105, 108; RC 1919, §§ 6326, 7210; SL 1931, ch 138, § 182; SDC 1939, §§ 15.2513, 16.0101, 45.1320; SL 1953, ch 256; SL 1955, ch 41, ch 9, §§ 6, 15; SL 1957, ch 65; SDC Supp 1960, §§ 15.2306, 15.2315; SDCL, §§ 9-13-17, 13-7-20; SL 1973, ch 67, § 2; SL 1990, ch 103.


12-1-2.1Option to adopt campaign finance law.

The governing body of any political subdivision may, by ordinance or resolution, adopt the provisions of chapter 12-27.

Source: SL 1988, ch 60, § 4; SL 2008, ch 67, § 20.


12-1-3Definition of terms used in title.

Terms used in this title mean:

(1)    "Candidate," a person whose name is on the ballot or who is entitled to be on the ballot to be voted upon for nomination or election at any election;

(2)    "Election," any election held under the laws of this state;

(3)    "Election officials," state and local officials charged with the duty of conducting elections and the canvass of returns;

(4)    "Elector," a person qualified to register as a voter, whether or not the person is registered;

(5)    "Electronic pollbook," an electronic system containing both the registration list and pollbook;

(6)    "General election," the vote required to be taken in each voting precinct of the state on the first Tuesday after the first Monday in November of each even-numbered year;

(7)    "Paid circulator," any person who receives money or anything of value for collecting signatures for a petition;

(8)    "Party office," an office of a political party organization as distinct from a public office;

(9)    "Person in charge of an election," or "person charged with the conduct of an election," the county auditor in all cases except local elections for a municipality, school district, township, or other political subdivision, in which case it is the officer having the position comparable to the auditor in that unit of government if not specifically designated by law;

(10)    "Petition," a form prescribed by the State Board of Elections, which contains the question or candidacy being petitioned, the declaration of candidacy if required and the verification of the circulator. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator;

(11)    "Petition circulator," a resident of the State of South Dakota as defined under § 12-1-4, who is at least eighteen years of age who circulates nominating petitions or other petitions for the purpose of placing candidates or issues on any election ballot;

(12)    "Political party," beginning with the 2014 general election and each general election thereafter, a party whose candidate for any statewide office received at least two and one-half percent of the total votes cast for that statewide office in either of the two previous general election cycles;

(13)    "Pollbook" or "poll list," a list containing in numerical order the names of all persons voting at the election and type of ballot voted;

(14)    "Polling place," a designated place voters may go to vote;

(15)    "Primary" or "primary election," an election held at which candidates are nominated for public office;

(16)    "Public office," an elected position in government;

(17)    "Registration list," a list of eligible voters;

(18)    "Registered mail," does not include certified mail;

(19)    "Registration officials," the county auditor and deputies and other persons authorized to assist in registration pursuant to chapter 12-4;

(20)    "Vote center," a polling place when the precinct has been defined as the entire jurisdiction and an electronic pollbook is utilized;

(21)    "Voter," a person duly registered to vote or one who is performing the act of voting;

(22)    "Independent (IND)" or "no party affiliation (NPA)," any currently registered voter who writes independent, I, Ind, no party affiliation, no party, no choice, nonpartisan, or line crossed off in the choice of party field on the voter registration form and any individual who is not currently registered to vote who leaves the choice of party field blank on the voter registration form;

(23)    "Independent candidate," notwithstanding the definition of independent as stated in this chapter, any registered voter regardless of party affiliation who declares to be an independent candidate for public office pursuant to this chapter;

(24)    "Other," any voter who writes a political party not recognized in South Dakota in the choice of party field on the voter registration form.

Source: Source: SDC 1939, §§ 16.0102, 16.0601; SL 1973, ch 67, § 3; SL 1974, ch 118, § 2; SL 1978, ch 92, § 1; SL 1986, ch 114, § 1; SL 1989, ch 23, § 7; SL 1993, ch 109, § 1; SL 2000, ch 19, § 4; SL 2005, ch 93, § 5; SL 2007, ch 78, § 2; SL 2012, ch 84, § 4, eff. Feb. 23, 2012; SL 2015, ch 77, § 22 rejected Nov. 8, 2016; SL 2016, ch 23, § 4; SL 2016, ch 75, § 1, eff. Feb. 18, 2016; SL 2017, ch 2, § 7; SL 2018, ch 73, § 1, eff. Mar. 21, 2018; SL 2018, ch 22, § 2; SL 2018, ch 72, § 1, eff. July 1, 2019.


12-1-3.1Alternative political status defined .

For the purposes of this title, the term, alternative political status, means that a political party meets the requirements of this section commencing with the 2014 general election and each general or special statewide election thereafter. Any political party that meets the definition of political party as defined in § 12-1-3 and has a total party registration of less than two and a half percent of the total number of registered voters, as recorded at the Office of the Secretary of State on the date of the last general election, shall receive alternative political status. Any party that has a total party registration of two and a half percent or more of the total number of registered voters, as recorded at the Office of the Secretary of State on the date of the last general election, shall no longer be classified as alternative political status, but shall remain a political party for the next two general election cycles.

Source: SL 2018, ch 74, § 1, eff. Mar. 23, 2018.


12-1-4Criteria for determining voting residence.

For the purposes of this title, the term, residence, means the place in which a person has fixed his or her habitation and to which the person, whenever absent, intends to return.

A person who has left home and gone into another state or territory or county of this state for a temporary purpose only has not changed his or her residence.

A person is considered to have gained a residence in any county or municipality of this state in which the person actually lives, if the person has no present intention of leaving.

If a person moves to another state, or to any of the other territories, with the intention of making it his or her permanent home, the person thereby loses residence in this state.

Source: SL 1973, ch 67, § 1; SL 1992, ch 60, § 2; SL 2003, ch 80, § 1; SL 2004, ch 105, § 1.


12-1-5State board created--Members--Terms--Vacancies--Oath.

There is created a State Board of Elections to be composed of seven members, one of whom shall be the secretary of state who is chairman. Two of the members shall be county auditors appointed by the Speaker of the House of Representatives from a list of nominees supplied by the county auditors meeting at the South Dakota Association of County Officials. The auditors appointed by the Speaker of the House of Representatives shall be of different political party registration. One auditor appointed in 1991 shall be appointed for a two-year term and one shall be appointed for a four-year term. All appointments of auditors after 1991 shall be for four years. One member of the board shall be appointed by each of the following officers: the democratic leader of the Senate, the democratic leader of the House of Representatives, the republican leader of the Senate and the republican leader of the House of Representatives. Appointments to the board shall be as follows: the appointee of the democratic leader of the House of Representatives, 1980 and each fourth year thereafter; the appointee of the republican leader of the Senate, 1981 and each fourth year thereafter; the appointee of the republican leader of the House of Representatives, 1982 and each fourth year thereafter; the appointee of the democratic leader of the Senate, 1983 and each fourth year thereafter. After the appointments made in 1979, the terms of all appointed members of the board, except auditors, shall be for four years. All appointments to the board are to be made by January thirty-first of each year. Vacancies on the board shall be filled in the same manner as the original appointments were made. All appointed members of the board shall file with the secretary of state an oath in the form prescribed by § 3-1-5.

Source: SL 1974, ch 117, §§ 1, 2; SL 1978, ch 93, § 1; SL 1982, ch 124; SL 1989, ch 126.


12-1-6Per diem and expenses.

The per diem and expenses of the board shall be established by the Executive Board of the Legislative Research Council unless otherwise provided by law.

Source: SL 1974, ch 117, § 2.


12-1-7Assistance by secretary of state's office.

The Office of the Secretary of State is hereby charged with the duty and responsibility to serve as the secretariat of the State Election Board and shall assist the board as may be directed by the said board.

Source: SL 1974, ch 117, § 5.


12-1-7.1
     12-1-7.1.   Repealed by SL 2008, ch 34, § 7.


12-1-8Legal assistance to board.

The Office of the Attorney General shall provide such legal assistance as the State Election Board may require.

Source: SL 1974, ch 117, § 6.


12-1-9Rule-making power of board.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, concerning:

(1)    Forms for voter registration and voter file maintenance;

(2)    Forms and color of ballots;

(3)    Forms for notices;

(4)    The uniformity of election procedures;

(5)    The operation of the State Board of Elections;

(6)    The procedure to accept a petition and verify petition signatures;

(7)    Petition forms, including petition size and petition font size;

(8)    Envelopes for absentee voting;

(9)    Instructions to voters and absentee voters; and

(10)    Recounts.

Source: SL 1974, ch 117, § 3; SL 1998, ch 78, § 1; SL 2002, ch 40, § 4; SL 2018, ch 75, § 1.


12-1-10Recommendations to secretary of state.

The Board of Elections shall report to and make recommendations to the secretary of state concerning desirable or necessary changes in the election laws of this state.

Source: SL 1974, ch 117, § 4; SL 1999, ch 70, § 5.


12-1-11Costs paid by county--Exception for local elections.

Except as may be otherwise provided by law, in any election in which all voters of a county participate, the costs relating to the election shall be paid by the county from funds appropriated therefor. In all other elections costs therefor shall be paid from funds appropriated by the governing board of municipalities, school districts, and other political subdivisions requiring an election for their own purposes. Costs relating to a combined municipal and school board election may be shared under the provisions of §§ 9-13-1.1 and 13-7-10.1.

Source: SL 1897, ch 60, § 1; RPolC 1903, § 1885; RC 1919, § 7235; SDC 1939, § 16.1101; SL 1959, ch 95; SL 1961, ch 92, § 19; SL 1963, ch 112; SDCL, §§ 12-4-28, 12-16-22; SL 1974, ch 118, § 1; SL 1981, ch 66, § 3.


12-1-12Political party office prohibited in county courthouse.

No political party may maintain an office in a county courthouse.

Source: SL 1991, ch 118; SL 2005, ch 93, § 4.


12-1-13Challenge to petition signatures or declaration of candidacy.

Within five business days after a nominating, initiative, or referendum petition, excluding petitions for statewide initiative, referendum, or constitutional initiative petitions, is validated and filed with the person in charge of the election, any interested person who has researched the signatures contained on the petition or, for a nominating petition, has researched the information contained in the declaration of candidacy, may submit an affidavit stating that the petition contains deficiencies as to the number of signatures of persons who are eligible to sign the petition or that the declaration of candidacy is not valid. The affidavit shall include an itemized listing of the specific deficiencies in question.

Any challenge to the following items is prohibited under this challenge process:

(1)    Signer does not live at address listed on the petition;

(2)    Circulator does not live at address listed on the petition;

(3)    Circulator listed a residence address in South Dakota but is not a South Dakota resident;

(4)    Circulator did not witness the signers;

(5)    Signatures or petition sheets not included in the random sample. This subdivision applies only to petitions for statewide candidates, new party formation petitions, or to local jurisdictions that conduct random sampling; and

(6)    Petition that was originally rejected.

All challenges by the same person or party in interest shall be included in one affidavit.

The original signed affidavit shall be received by the person in charge of that election by 5:00 p.m. local time on the deadline date. If the affidavit challenges any item that is prohibited by this section, only that line item shall be summarily rejected.

The decision of the secretary of state or the person in charge of the election regarding a challenge under this section may not be challenged a second time with the secretary of state or the person in charge of the election, but may be appealed to the circuit court. Any challenge with the secretary of state may be appealed in Hughes County. An appeal challenging a nominating petition for a primary election, takes precedence over other cases in circuit court. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal within ten days of the date of the notice of the entry of the circuit court order.

A failure to challenge a petition in accordance with this section does not deny a person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition in circuit court. A challenge to a petition in circuit court may include items prohibited in this section.

Source: SL 1999, ch 70, § 1; SL 2014, ch 69, § 1; SL 2015, ch 74, § 1; SL 2016, ch 75, § 2, eff. Feb. 18, 2016; SL 2017, ch 12, § 5; SL 2019, ch 68, § 1.


12-1-14Verification of petition signatures or declaration of candidacy--Written declaration as to validity.

The person in charge of the election shall verify the information contained in the affidavit submitted in accordance with § 12-1-13 and make a written declaration regarding the validity of the signatures in question or, for a nominating petition, of the declaration of candidacy. The person in charge of the election shall verify that each person, challenged under § 12-1-13, was a registered voter at the time the person signed the petition by using the registration documents on file or, for a nominating petition, that the candidate was a resident of the district at the time the declaration of candidacy was signed, in accordance with § 12-6-3.1, and is a registered voter with a party affiliation in accordance with § 12-6-3.2.

Source: SL 1999, ch 70, § 2; SL 2015, ch 74, § 2; SL 2019, ch 68, § 2.


12-1-15Notification of candidate or sponsor if petition declared invalid.

The person in charge of the election shall immediately notify by certified mail any candidate whose nominating petition or any primary sponsor whose referendum or initiative petition is rejected and declared invalid in accordance with §§ 12-1-13 and 12-1-14.

Source: SL 1999, ch 70, § 3.


12-1-16Other legal remedies to challenge petition not precluded.

If a person fails to challenge a petition pursuant to § 12-1-13, it does not deny that person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition.

Source: SL 1999, ch 70, § 4.


12-1-17Computation of time allowed for election notice or filing.

In computing any period of time prescribed or allowed for an election notice or filing, the day of the act or event from which the designated period of time begins to run is not included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until 5:00 p.m. on the next day which is not a Saturday, a Sunday, or a legal holiday. If the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

Source: SL 2002, ch 70, § 1.


12-1-18Time when petition may be circulated.

Any referendum petition to refer a measure passed by a local unit of government may be circulated immediately upon final passage of the measure.

Source: SL 2002, ch 71, § 1.


12-1-19
     12-1-19, 12-1-20.   Repealed by SL 2008, ch 62, §§ 2, 3.


12-1-21Complaints filed under the Help America Vote Act.

The State Board of Elections shall resolve any complaint filed under Section 402 of the Help America Vote Act of 2002, as of January 1, 2003, in accordance with the contested case provisions of chapter 1-26. The complaint shall be signed, notarized, and filed with the secretary of state. The board shall resolve the complaint within ninety days of its filing. The State Board of Elections may promulgate rules, pursuant to chapter 1-26, governing the procedure for the complaint process.

Source: SL 2003, ch 83, § 16; SDCL, § 12-4-42.


12-1-22Arbitration of complaints under Help America Vote Act--Appointment of arbitrator--Time for resolution.

If the State Board of Elections does not resolve the complaint within ninety days of filing, the complainant may ask the circuit court for alternative dispute resolution by appointing an impartial third party to serve as an arbitrator to resolve the dispute. The arbitrator shall resolve the dispute within sixty days.

Source: SL 2003, ch 83, § 17; SDCL, § 12-4-43.


12-1-23Time and place of hearing--Notice to parties.

The arbitrator shall appoint a time and place for a hearing and serve each party personally or notify each party by registered or certified mail not less than five days before the hearing.

Source: SL 2003, ch 83, § 18; SDCL, § 12-4-44.


12-1-24Subpoena issued by arbitrator--Service and enforcement.

The arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and may administer oaths. Any subpoena shall be served and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.

Source: SL 2003, ch 83, § 19; SDCL, § 12-4-45.


12-1-25Depositions permitted by arbitrators--Compelling testimony.

On application of either party and for use as evidence, the arbitrator may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrator, of a witness who cannot be subpoenaed or is unable to attend the hearing. Any provision of law compelling a person under subpoena to testify is applicable.

Source: SL 2003, ch 83, § 20; SDCL, § 12-4-46.


12-1-26Evidence presented by parties--Cross-examination.

Unless otherwise provided by an agreement, each party is entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.

Source: SL 2003, ch 83, § 21; SDCL, § 12-4-47.


12-1-27Adjournment or postponement of hearing--Failure of party to appear.

Unless otherwise provided by an agreement, the arbitrator may adjourn the hearing from time to time as necessary and at the request of a party and for good cause. The arbitrator may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.

Source: SL 2003, ch 83, § 22; SDCL, § 12-4-48.


12-1-28Issuance of resolution--Delivery to parties.

The resolution pronouncement shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy to each party personally or by registered or certified mail.

Source: SL 2003, ch 83, § 23; SDCL, § 12-4-49.


12-1-29Payment of expenses of proceedings.

The arbitrator's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the resolution pronouncement.

Source: SL 2003, ch 83, § 24; SDCL, § 12-4-50.


12-1-30Grounds to vacate resolution--New arbitrator.

Within ten days of pronouncement, the circuit court may vacate a resolution pronouncement if:

(1)    The resolution was procured by corruption, fraud, or other undue means;

(2)    There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any party;

(3)    The arbitrator exceeded his or her power; or

(4)    The arbitrator refused to hear evidence material to the controversy or conducted the hearing as to prejudice substantially the rights of a party.

If the resolution pronouncement is vacated, the circuit court shall appoint a new arbitrator to resolve the dispute in the manner provided in §§ 12-1-21 to 12-1-30, inclusive.

Source: SL 2003, ch 83, § 25; SDCL, § 12-4-51.


12-1-31Invalid candidacy on nominating petition--Vacancy after primary election.

If any state court finds that a declaration of candidacy on a nominating petition is not valid, the candidacy shall be invalidated as of the date of filing. If the invalidation creates a vacancy which continues to exist after a primary election, the vacancy may be filled as provided in §§ 12-6-56 and 12-6-57.

Source: SL 2008, ch 34, § 6.


12-1-32Registered sex offenders prohibited from circulating petitions--Violation as misdemeanor.

No registered sex offender may circulate any petition, either on the registered sex offender's own behalf or on the behalf of, or in the employ of, another person in any place frequented by the public or door to door on private property. A violation of this section is a Class 1 misdemeanor.

Source: SL 2012, ch 80, § 1.


12-1-33Exception for registered sex offender circulating petition under supervision.

The provisions of § 12-1-32 do not apply, if the registered sex offender circulating or assisting in circulating petitions under circumstances where the registered sex offender is in the employ of, and under the immediate supervision of, another person and where the circumstances preclude any contact with children.

Source: SL 2012, ch 80, § 2.


12-1-34Exception for registered sex offender circulating nominating petition on his or her own behalf.

The provisions of § 12-1-32 do not apply, if the registered sex offender is circulating any nominating petitions on his or her own behalf for election to any federal, state, or local office for which the registered sex offender is otherwise qualified.

Source: SL 2012, ch 80, § 3.


12-1-35Secretary of state to examine nominating petitions for statewide office for compliance.

The secretary of state shall examine each nominating petition for statewide office upon being received by the Office of Secretary of State. No signature of a person may be counted by the secretary of state unless the person is a registered voter in the county indicated on the signature line and has complied with the laws and rules concerning petitions. No signature of a person may be counted if the information required on the petition form is not complete.

Source: SL 2015, ch 75, § 1.


12-1-36Verification of signatures on nominating petitions by random sampling.

The secretary of state shall verify the signatures received pursuant to § 12-1-35 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall promulgate rules, pursuant to chapter 1-26, establishing the methodology for conducting the random sample. The random sampling shall be an examination of the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not more than three and sixty-two one-hundredths percent.

Source: SL 2015, ch 75, § 2; SL 2017, ch 12, § 8.


12-1-37Certification of sufficient or insufficient number of signatures based on random sampling.

If the random sample required by § 12-1-36 indicates that a sufficient number of qualified electors have signed the nominating petition for statewide office, the secretary of state shall certify that the nominating petition for statewide office has been signed by the required number of qualified electors and shall place the candidate's name on the next primary or general election ballot, as the case may be.

If the random sample indicates that an insufficient number of qualified electors have signed the nominating petition for statewide office, the secretary of state shall certify that the nominating petition for statewide office has not been signed by the required number of qualified electors and may not place the candidate's name on the next primary or general election ballot, as the case may be.

The secretary of state shall, within five days of certifying, notify the candidate of the secretary of state's action pursuant to this section.

Source: SL 2015, ch 75, § 3.


12-1-38Circuit court challenge not affected by random sampling.

Nothing in §§ 12-1-35 to 12-1-37, inclusive, prohibits any person from challenging in circuit court the validity of signatures or other information required on a nominating petition for statewide office by law or rule.

Source: SL 2015, ch 75, § 4.


12-1-39Availability of petition to public.

No petition submitted may be made available to the public until the validation process has been completed and the office where that petition was submitted has filed or rejected the petition, except as provided in § 2-1-15.

Source: SL 2017, ch 2, § 3; SL 2019, ch 15, § 4.


Back to Title 12

Click message to listen