CHAPTER 12-6
PRIMARY ELECTIONS
12-6-1 Offices to which chapter applies.
12-6-2 Third-term gubernatorial nomination prohibited.
12-6-3 Candidacy for more than one office in same election prohibited--Exceptions.
12-6-3.1 Legislative candidates required to reside in district of candidacy.
12-6-3.2 Candidate required to register with party.
12-6-4 Petition required to place candidate's name on primary ballot--Time and place of filing.
12-6-4.1 Earliest time for circulating petitions or certificates.
12-6-4.2 12-6-4.2. Repealed by SL 1997, ch 75, § 7.
12-6-5 Form of nominating petition prescribed by state board.
12-6-6 Joint petitions for delegate candidates--Individual petitions otherwise required.
12-6-7 Nominating petitions--Several sheets--Signature requirements.
12-6-7.1 Repealed.
12-6-8 Time and manner of signing petition--Declaration of candidate--Verification--Violation for falsely attesting--Signing for independent or nonpolitical candidate.
12-6-8.1 Withdrawal from primary election--Time and place of filing.
12-6-9 Unopposed candidate automatically nominated--Primary not held if no contest.
12-6-10 12-6-10. Repealed by SL 1973, ch 74, § 14.
12-6-11 Certification to county auditors of nominating petitions filed with secretary of state.
12-6-12 12-6-12, 12-6-13. Repealed by SL 1973, ch 74, § 14.
12-6-14 Form of official primary ballot prescribed by state board.
12-6-14.1 12-6-14.1. Repealed by SL 1996, ch 94, § 2.
12-6-15 12-6-15 to 12-6-17. Repealed by SL 1973, ch 74, § 14.
12-6-18 12-6-18. Repealed by SL 1972, ch 85, § 4.
12-6-19 12-6-19 to 12-6-25. Repealed by SL 1973, ch 74, § 14.
12-6-26 Qualifications of voters at primary--Party registration requirements.
12-6-26.1 12-6-26.1 to 12-6-49. Repealed by SL 1973, ch 74, § 14.
12-6-50 Nomination by plurality at primary.
12-6-51 12-6-51. Repealed by SL 1985, ch 110, § 3.
12-6-51.1 Runoff election--United States Senate, House of Representatives, or Governor primary.
12-6-51.2 12-6-51.2. Repealed by SL 1999, ch 72, § 1.
12-6-51.3 Certification of runoff candidates.
12-6-51.4 12-6-51.4. Repealed by SL 2008, ch 34, § 10.
12-6-52 Party officials elected by plurality at primary.
12-6-53 12-6-53, 12-6-54. Repealed by SL 1973, ch 74, § 14.
12-6-55 Withdrawal by nominee--Time and place of filing.
12-6-56 Party committee--Party candidate vacancies.
12-6-56.1 Rejected by referendum.
12-6-57 Meeting of party committee to fill vacancies--Manner of voting.
12-6-58 Application of vacancy provisions to special congressional elections.
12-6-59 12-6-59 to 12-6-63. Repealed by SL 1973, ch 74, § 14.
12-6-64 Liberal construction of primary election laws.
12-6-65 Defeated candidate--Prohibition.
12-6-1. Offices to which chapter applies.
The provisions of this chapter shall apply to the election to party office and for the nominations of political and nonpolitical candidates for public offices except as may be otherwise provided.
Source: SL 1929, ch 118, § 2; SDC 1939, § 16.0208; SL 1947, ch 84; SL 1973, ch 74, § 1.
12-6-2. Third-term gubernatorial nomination prohibited.
No person shall be nominated under the provisions of this chapter for election to the office of Governor for a third successive term.
Source: SDC 1939, § 16.0208 as added by SL 1947, ch 84.
12-6-3. Candidacy for more than one office in same election prohibited--Exceptions.
No person's name may appear on the primary election ballot as a candidate for nomination to more than one public office in the same election, except that a person may be the candidate for any public office and the office of President of the United States, vice president of the United States, director of a water development district, or director of a consumer power district. A candidate for any such office is not prohibited from seeking election to one or more party offices as may be provided in chapter 12-5. If a candidate secures a nomination at a state party convention, the candidate shall withdraw as a candidate from one of the offices and submit the withdrawal to the secretary of state on or before the date on which the secretary of state receives the state party certification.
Source: SDC 1939, § 16.0215; SL 1973, ch 74, § 2; SL 2002, ch 73, § 3; SL 2015, ch 76, § 3; SL 2019, ch 71, § 1; SL 2019, ch 72, § 1.
12-6-3.1. Legislative candidates required to reside in district of candidacy.
Any candidate for office in the State Legislature shall be a resident of the district for which he is a candidate at the time he signs his declaration of candidacy as required by this chapter.
Source: SL 1990, ch 105, § 1.
12-6-3.2. Candidate required to register with party.
No person may sign a declaration of candidacy or be nominated as a political candidate for a party unless that person is a registered voter with that party affiliation.
Source: SL 1998, ch 80, § 1.
12-6-4. Petition required to place candidate's name on primary ballot--Time and place of filing.
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 either or both the primary or general 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 after December thirty-first and by the last Tuesday of March at five p.m. local time before the date of the primary election. If the petition is mailed by registered mail by the last Tuesday of March at five p.m. local time before the primary election, the petition shall be considered timely submitted. A nominating petition for national convention delegates and alternates as provided in § 12-5-3.11 shall be filed in accordance with the provisions of this 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.
Source: SDC 1939, § 16.0210; SL 1939, ch 75; SL 1957, ch 83, § 1; SL 1961, ch 93, § 1; SL 1971, ch 84; SL 1973, ch 74, § 3; SL 1977, ch 108, § 1; SL 1986, ch 115, § 5; SL 1997, ch 75, § 6; SL 2007, ch 81, § 9; SL 2015, ch 77, § 1 rejected Nov. 8, 2016; SL 2017, ch 69, § 2.
12-6-4.1. Earliest time for circulating petitions or certificates.
No petition or certificate of nomination covered by this chapter may be circulated prior to the first day of January of the year in which the election will be held.
Source: SL 1977, ch 108, § 5; SL 2015, ch 77, § 4 rejected Nov. 8, 2016.
12-6-5. Form of nominating petition prescribed by state board.
The form of the nominating petition shall be prescribed by the State Board of Elections.
Source: SL 1929, ch 118, § 5; SDC 1939, § 16.0210; SL 1939, ch 75; SL 1957, ch 83, § 1; SL 1961, ch 93, § 1; SL 1976, ch 105, § 15.
12-6-6. Joint petitions for delegate candidates--Individual petitions otherwise required.
Two or more candidates for delegates to the state convention of the party may be included in one nominating petition.
Source: SL 1929, ch 118, § 4; SL 1931, ch 145; SDC 1939, § 16.0210; SL 1939, ch 75; SL 1957, ch 83, § 1; SL 1961, ch 93, § 1; SL 1973, ch 74, § 4; SL 2021, ch 62, § 1.
12-6-7. Nominating petitions--Several sheets--Signature requirements.
A nominating petition may be composed of several sheets, each sheet shall have identical headings printed at the top and shall be a self-contained sheet of paper. The petition for a candidate for the Legislature shall designate the senatorial or representative district number and house for which the person is a candidate.
The petition for party office or political public office for a state or federal candidate shall be signed by not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election in the state. A petition for the Legislature, county party office, or county political public office shall be signed by not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election, or fifty voters, in the county, part of the county, or district electing a candidate to fill the office, whichever is less.
If the party meets the requirement for alternative political status as defined in § 12-1-3.1, the petition for party office or political public office for a state or federal candidate shall be signed by not less than one percent of the voters who voted for that party's statewide candidate receiving the highest votes at the last gubernatorial election in the state. A petition for the Legislature, county party office, or county political public office shall be signed by not less than one percent of the voters who voted for that party's statewide candidate receiving the highest votes at the last gubernatorial election in the county, part of the county, or district electing a candidate to fill the office, whichever is less.
If a county uses vote centers and does not print ballots by precinct, signature requirements are:
(1) For both partisan and independent candidates, fifty signatures for a legislative candidate whose district either in whole or in part includes that county;
(2) For a county candidate:
(a) Partisan candidate petitions shall be signed by the lesser of fifty signatures or signatures from one percent of the voters who voted for that party's gubernatorial candidate, or the party’s statewide candidate receiving the highest votes if the party meets the requirement for alternative party status as defined in § 12-1-3.1, at the last gubernatorial election in the county electing a candidate to fill the office; or
(b) Independent candidate petitions shall be signed by not less than one percent of the total combined vote for Governor at the last certified election within the county electing a candidate to fill the office;
(3) Half the number of signatures required under subdivision (2), for county commissioner district candidates;
(4) Five signatures for a new party legislative candidate whose district either in whole or in part includes that county;
(5) Five signatures for a new party county candidate; or
(6) Three signatures for a new party county commissioner district candidate.
Source: SL 1929, ch 118, § 4; SL 1931, ch 145; SDC 1939, § 16.0210; SL 1939, ch 75; SL 1957, ch 83, § 1; SL 1961, ch 93, § 1; SL 1973, ch 74, § 5; SL 1976, ch 105, § 16; SL 2015, ch 77, § 5 rejected Nov. 8, 2016; SL 2017, ch 2, § 9; SL 2017, ch 69, § 3; SL 2018, ch 74, § 2, eff. Mar. 23, 2018; SL 2020, ch 52, § 1.
12-6-7.1. Repealed.
Source: SL 1972, ch 80; SL 1973, ch 74, § 6; SL 1976, ch 105, § 17; SL 2015, ch 77, § 6 rejected Nov. 8, 2016; SL 2019, ch 73, § 1; SL 2020, ch 52, § 2.
12-6-8. Time and manner of signing petition--Declaration of candidate--Verification--Violation for falsely attesting--Signing for independent or nonpolitical candidate.
No person may sign the nominating petition of a candidate before January first in the year in which the election is to be held, nor for whom the person is not entitled to vote, nor for a political candidate of a party of which the person is not a member, nor for more than the number of candidates required to be nominated for the same office. The signer or circulator shall add the signer's place of residence and the date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. A formal declaration of the candidate shall be signed by the candidate before the circulation of petitions. The signed declaration of the candidate shall accompany and be a part of the petition. An original signed declaration shall accompany the group of petitions upon filing.
The petition shall be verified under oath by the persons circulating the petition. The verification by the person circulating the petition may not be notarized by the candidate whom the petition is nominating. Any person circulating a petition who falsely attests to the verification is guilty of a Class 6 felony.
A nominating petition for any election shall be a self-contained sheet of paper in order to have the candidate's name placed on the ballot. The provisions of this section may not prohibit a person registered with party affiliation from signing either a petition nominating an independent or a nonpolitical candidate for office if the person has not previously signed a petition for that office to be filled.
Source: SL 1929, ch 118, § 4; SL 1931, ch 145; SDC 1939, § 16.0210; SL 1939, ch 75; SL 1957, ch 83, § 1; SL 1961, ch 93, § 1; SL 1973, ch 74, § 7; SL 1976, ch 105, § 18; SL 1978, ch 97, § 1; SL 1992, ch 110, § 1; SL 2013, ch 63, § 3; SL 2015, ch 77, § 7 rejected Nov. 8, 2016; SL 2017, ch 69, § 4; SL 2023, ch 9, § 2.
12-6-8.1. Withdrawal from primary election--Time and place of filing.
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 two days after the last Tuesday in March at five p.m. If the request is mailed by registered mail not later than two days after the last Tuesday in March at five p.m., the request is properly filed. No name that is withdrawn pursuant to this section may be printed on the ballots to be used at the election.
Source: SL 1981, ch 121; SL 2007, ch 81, § 10; SL 2011, ch 78, § 1; SL 2015, ch 77, § 13 rejected Nov. 8, 2016.
12-6-9. Unopposed candidate automatically nominated--Primary not held if no contest.
A candidate for nomination to an office, or election to a party office, having no opposing candidate within his party, shall automatically become the nominee of his party or elected party official for said office, and his name shall not be printed on the primary election ballot. If there are no opposing candidates for nomination or election of either state or county candidates in any county, no primary election shall be held in that county, and the candidates shall be automatically nominated or elected.
Source: SL 1929, ch 118, § 8; SDC 1939, § 16.0215; SL 1978, ch 98.
12-6-11. Certification to county auditors of nominating petitions filed with secretary of state.
It shall be the duty of the secretary of state, as soon as the time for filing nominating petitions in his office has passed, immediately to certify to the several county auditors of the state the names of the persons in whose behalf nominating petitions have been filed in his office as candidates for each political party separately, with the name of the office for which each person is a candidate, and certify the color, style and form of the official primary election ballot of each political party.
Source: SL 1929, ch 118, § 8; SDC 1939, § 16.0215; SL 1973, ch 74, § 8.
12-6-14. Form of official primary ballot prescribed by state board.
The form of the official primary election ballot shall be prescribed by the State Board of Elections.
Source: SL 1929, ch 118, § 9; SDC 1939, § 16.0215; SL 1963, ch 107, § 3; SL 1976, ch 105, § 19.
12-6-26. Qualifications of voters at primary--Party registration requirements.
No person may vote a party ballot at any primary election unless the person is registered as a member of that political party in the precinct in which the person seeks to vote. Any political party in its constitution or bylaws may allow for participation in the party's primary elections by any person who is registered to vote with no party affiliation. Any such change to the constitution or bylaws of a political party shall be filed pursuant to § 12-5-1.1 by January first of the year in the which the primary is conducted.
Source: SDC 1939, § 16.0203; SL 1961, ch 92, § 8; SDCL § 12-4-26; SL 1973, ch 74, § 9; SL 1981, ch 13, § 2; SL 1996, ch 97; SL 2009, ch 69, § 3.
12-6-50. Nomination by plurality at primary.
Any candidate for a party nomination to public office, who receives the highest number of votes cast by the voters of his party for the office for which he is a candidate, shall be declared the nominee of his party.
Source: SL 1929, ch 118, § 39; SDC 1939, § 16.0234.
12-6-51.1. Runoff election--United States Senate, House of Representatives, or Governor primary.
If no candidate for United States Senate, United States House of Representatives, or Governor in a race involving three or more candidates receives thirty-five percent of the votes of the candidate's party, a runoff election shall be held eight weeks from the date of the first primary election. At the runoff election the only persons voted for shall be the two candidates receiving the highest number of votes at the first election. If there is a tie for second place in the first primary election and there is no tie for first place, all tying second place candidates must be placed along with the first place candidate on the ballot for the runoff election. The runoff election must be held in the same manner as the first election. However, if the runoff election does not have a federal race, the electronic ballot marking system is not required, and hand-counted ballots may be used. The person receiving the highest number of votes at the runoff election is nominated as the candidate for the party.
Source: SL 1985, ch 110, § 1; SL 2008, ch 34, § 8; SL 2010, ch 74, § 11; SL 2013, ch 64, § 1; SL 2017, ch 69, § 5; SL 2023, ch 46, § 1.
12-6-51.3. Certification of runoff candidates.
Within twenty-four hours after the completion of the canvass, the secretary of state shall certify runoff candidates, listed in the order determined by a drawing of names, to all county auditors.
Source: SL 1985, ch 110, § 1F; SL 1999, ch 72, § 2; SL 2008, ch 34, § 9.
12-6-52. Party officials elected by plurality at primary.
Any candidate for party precinct committeeman, or committeewoman, or delegate to the state convention, who received the highest number of votes, shall be declared elected to the office for which he is a candidate.
Source: SL 1929, ch 118, § 39; SDC 1939, § 16.0234; SL 1963, ch 107, § 4; SL 1973, ch 73, § 1.
12-6-55. Withdrawal by nominee--Time and place of filing.
Any person nominated to any elective office may cause that person's name to be withdrawn from nomination by request in writing, subscribed and sworn to by that person before any officer qualified to administer oaths and take acknowledgments. The request shall be filed with the officer with whom the nominating petition was filed pursuant to § 12-6-4, not later than the first Tuesday in August at 5:00 p.m. before the next election. No person's name withdrawn under this section may be printed upon the ballots for that office unless the same person is subsequently selected to fill the vacancy in accordance with § 12-6-56.
Source: SL 1897, ch 60, § 12; RPolC 1903, § 1909; SL 1918 (SS), ch 44, § 2; SL 1918 (SS), ch 46, § 4; RC 1919, § 7206; SL 1929, ch 117, § 2; SL 1935, ch 109, § 2; SL 1937, ch 124, § 2; SDC 1939, § 16.0245; SL 1961, ch 95; SL 1971, ch 87, § 5; SL 1973, ch 74, § 11; SL 1978, ch 99, § 1; SL 1979, ch 97, § 1; SL 2019, ch 74, § 1.
12-6-56. Party committee--Party candidate vacancies.
If a vacancy occurs by reason of death or withdrawal after a primary election, a party candidate for public office may be chosen if a meeting of the appropriate party central committee is held and the results are certified to the appropriate official within the times prescribed by § 12-8-6.
If the vacancy is a party candidate for presidential elector or statewide office, the vacancy shall be filled by the State Party Central Committee. If the vacancy is a party candidate for public office other than presidential elector or statewide office, the vacancy shall be filled by a vote of county party central committee members in attendance who reside in the affected district.
The certification of the results shall be signed by the person responsible for calling the meeting under § 12-6-57 or the person designated to conduct the meeting under § 12-6-57.
Source: SL 1929, ch 118, § 56; SDC 1939, § 16.0243; SL 1973, ch 74, § 12; SL 1991, ch 119, § 1; SL 2007, ch 75, § 1; SL 2015, ch 77, § 20 rejected Nov. 8, 2016; SL 2019, ch 74, § 2; SL 2021, ch 63, § 1.
12-6-56.1. Rejected by referendum.
12-6-57. Meeting of party committee to fill vacancies--Manner of voting.
To fill a vacancy for a party candidate to a:
(1) State office or as a presidential elector, the party State Central Committee chairman shall call a central committee meeting to fill the vacancy, and designate the time and place where the meeting shall be held;
(2) Multi-county legislative district, the party State Central Committee chairman shall call a meeting of affected county party central committee members to fill the vacancy, designate the time and place where the meeting shall be held, designate the person who will conduct the meeting, and notify all affected central committee members of this information;
(3) Single-county legislative district or county office, the county party central committee chairman shall call a meeting of the county party central committee to fill the vacancy and designate the time and place where the meeting shall be held.
Vacancies filled by State Central Committee shall be by unit representation, each county casting the number of votes cast in that county at the last general election for that party's candidate for Governor. All other vacancies shall be filled by a majority vote of the affected committee members present.
Source: SL 1929, ch 118, § 56; SDC 1939, § 16.0243; SL 1968, ch 77; SL 1991, ch 119, § 2; SL 2021, ch 63, § 2.
12-6-58. Application of vacancy provisions to special congressional elections.
Sections 12-6-56 and 12-6-57 shall also apply to the selection of candidates to be voted on at any special election to fill congressional vacancies pursuant to chapter 12-11.
Source: SL 1929, ch 118, § 56; SDC 1939, § 16.0243; SL 1968, ch 77; SL 1973, ch 74, § 13.
12-6-64. Liberal construction of primary election laws.
The laws of this state pertaining to primary elections shall be liberally construed so that the real will of the voters may not be defeated by a mere technicality.
Source: SL 1929, ch 118, § 58; SDC 1939, § 16.0248.
12-6-65 . Defeated candidate--Prohibition.
Notwithstanding any other provisions, if a candidate has been defeated in a primary election for office in the Legislature, the candidate may not run for that office under the affiliation of a different political party in the same election year as the primary election.
Source: SL 2020, ch 51, § 1.
