South Dakota Code — 12
Browse 664 sections in division 12 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 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. Definitions.
- § 12-1-3.1. Alternative political status defined .
- § 12-1-4. Resident defined--Intention.
- § 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.
- § 12-1-8. Legal assistance to board.
- § 12-1-9. Promulgation of rules by board.
- § 12-1-9.1. Ranked choice voting prohibited.
- § 12-1-10. Recommendations to secretary of state.
- § 12-1-11. Costs paid by county--Exception for local elections--Prohibition on private funding––Promulgation of rules.
- § 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.
- § 12-1-21. 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.
- § 12-2-1. Date of primary election.
- § 12-2-2. Date of general election--Officers elected.
- § 12-2-2.1. Statewide elections limited to primary, runoff, and general election dates.
- § 12-2-3. Opening and closing times for polls--Voters in line at closing time.
- § 12-2-4. Emergency extension of closing times--Reopening after extended emergency.
- § 12-2-5. Elections of governmental subdivision held in conjunction with June primary election.
- § 12-2-6. Combined elections of governmental subdivisions.
- § 12-2-8. Postponement of election for weather conditions.
- § 12-2-9. Notification to voters of postponement of election.
- § 12-3-1. Repealed.
- § 12-3-1.1. Repealed.
- § 12-3-5. Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor.
- § 12-3-6. Counties covered by Voting Rights Act Amendments--Designation by federal agencies--Notice from secretary of state.
- § 12-3-7. Proceedings to exempt county from Voting Rights Amendments.
- § 12-3-8. Implementation of Voting Rights Amendments in affected counties.
- § 12-3-9. Sioux dialects defined as historically unwritten.
- § 12-3-10. Linguistic assistance to Indians provided by counties.
- § 12-3-11. Precinct interpreters provided--Payment.
- § 12-3-12. Certification that precinct interpreter not needed--Proof.
- § 12-3-13. Rules promulgated by state board.
- § 12-4-1. Persons entitled to register--Precinct--Resident of federal area.
- § 12-4-1.2. Voter registration form--Certification.
- § 12-4-1.3. Federal voter--Designation--Ballot.
- § 12-4-1.4. Demonstration of citizenship--List of documentation--Verification of naturalization.
- § 12-4-2. County auditor in charge of voter registration records--Public inspection--Registration form availability.
- § 12-4-3. Mail registration cards and instructions provided by auditor--Contact information provided by private entities.
- § 12-4-3.2. Private entity or individual registering voters--Form filing deadline--Violation as misdemeanor.
- § 12-4-4.2. Uniformed Overseas Citizens Absentee Voting Act implemented.
- § 12-4-4.3. Overseas citizen defined.
- § 12-4-4.4. Registration and voting by overseas citizens--Conditions.
- § 12-4-4.5. Absentee registration and voting in last county and precinct of residence.
- § 12-4-4.6. Absentee ballot request as registration--Notarization not required.
- § 12-4-4.7. Expedition of registrations and ballot requests.
- § 12-4-4.8. Promulgation of rules by state board.
- § 12-4-4.9. Election laws apply to overseas voting provisions.
- § 12-4-4.10. Secretary of state to provide voter registration and absentee voting information.
- § 12-4-4.12. Registration of voter under Uniformed and Overseas Citizens Absentee Voting Act.
- § 12-4-5. Entry of applicants in registration file--Deadline--List for runoff election.
- § 12-4-5.2. Notice of registration procedures--Publication.
- § 12-4-5.3. Review of voter registration application by auditor--Notice to applicant--Promulgation of rules.
- § 12-4-5.4. Registration--Information provided.
- § 12-4-5.5. Verification of driver license or social security information--Promulgation of rules.
- § 12-4-6. Filling out registration card--Registration at driver's license station--Applicant unable to write.
- § 12-4-6.1. Effective date of voter registration.
- § 12-4-7.2. Duty to ensure completion of registration cards.
- § 12-4-8. Records prescribed by state board--Information required.
- § 12-4-8.1. Postcard requests for absentee ballots under federal law--Indexing and furnishing to precinct board.
- § 12-4-8.2. True copy to replace duplicate acknowledgment notice.
- § 12-4-9. Master registration file--Safeguarding--Contents--Public inspection--Limitations--Availability.
- § 12-4-9.2. Secured active designation.
- § 12-4-9.3. Voter registration records not open to public inspection.
- § 12-4-10. Precinct registration lists--Contents--Entries.
- § 12-4-10.1. Registration lists furnished to federal court for jury selection--Return of lists to auditor.
- § 12-4-11. Change of registration file on change in precinct boundaries.
- § 12-4-12. New registration on move between states or counties--Authorization to cancel previous registration.
- § 12-4-15. Voter information and party affiliation--Designation or change.
- § 12-4-18. Persons declared mentally incompetent, deceased, or serving sentence for felony conviction--Removed from registration records--Promulgation of rules--Certification.
- § 12-4-19. Address verification request--Confirmation mailing--Exception.
- § 12-4-19.1. Confirmation mailing notice to registrant of proposed registration cancellation--Postcard and return card--Contents.
- § 12-4-19.2. Placement in inactive registration file by auditor.
- § 12-4-19.4. Cancellation of voter registration.
- § 12-4-19.6. National change of address notice.
- § 12-4-19.7. Voter registration list maintenance confirmation mailing notice--Contents.
- § 12-4-24. Precinct lists for local election--Delivery to voting precincts.
- § 12-4-32. National Voter Registration Act of 1993.
- § 12-4-33. Chief state election official.
- § 12-4-34. References to registered voters--Inactive voters may sign petition.
- § 12-4-35. Rules for the National Voter Registration Act.
- § 12-4-36. Rebuttable presumption that certain electors not qualified.
- § 12-4-37. Statewide voter registration file--Maintenance--County auditors to transmit changes--Published to website.
- § 12-4-37.1. Statewide voter registration file--Historical archive--Availability--Nonpublic information.
- § 12-4-38. County auditor's file is official record in event of discrepancy.
- § 12-4-39. Promulgation of rules.
- § 12-4-40. Identification of duplicate voter registration--Notification.
- § 12-4-40.1. Sharing voter registration record with other states--Agreement required.
- § 12-4-41. Limited use of voter registration information--Online access limited--Penalty.
- § 12-4-52. Payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor.
- § 12-4-53. Receipt of payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor.
- § 12-4-54. Annual report--Secretary of state--Individuals removed from county voter registration list--Publication.
- § 12-4-55. Voter registration numbers to be published.
- § 12-4-56. Voluntary removal of the name of a registered voter--Promulgation of rules.
- § 12-4-57. Information to county auditor by clerk of court--Auditor to remove names.
- § 12-4-58. Voter registration challenge--Disqualified or deceased--Deadline.
- § 12-4-59. Voter registration challenge--Nonresident, noncitizen, or voter in another state--Deadline.
- § 12-4-60. Voter registration challenge--Application--Factual basis--Form--Documentation--Promulgation of rules--Certain information confidential--Penalty.
- § 12-4-61. Voter registration challenge--Auditor duties--Verification request--Hearing--Voter cancellation--Limitation--Promulgation of rules.
- § 12-4-62. Voter registration challenge--Appeals.
- § 12-4-63. Voter registration challenge--Recordkeeping.
- § 12-5-1. Organization and dissolution of political party.
- § 12-5-1.1. Party constitution or bylaws required--Filing with secretary of state.
- § 12-5-1.3. Notice to county auditors of party rules affecting elections.
- § 12-5-1.4. Nominating petitions of new party primary candidates.
- § 12-5-1.5. Organization and dissolution of political party without candidate for United States Senate, United States House of Representatives, Governor, or Legislature.
- § 12-5-1.6. Reward prohibited--Violation as misdemeanor.
- § 12-5-2. Precinct officials elected at primary.
- § 12-5-3.6. Selection of method of allocating national convention vote.
- § 12-5-3.8. Certification of candidates or slates for primary--Placement on ballot--Selection process without primary.
- § 12-5-3.9. Certification of candidates or slates by state chairperson--Mandamus to compel certification--Hearing.
- § 12-5-3.11. Primary election of national convention delegates and alternates--Number of candidates--Statement of preference--Filing deadline.
- § 12-5-3.12. Preference of first nominating petition filed--One slate per candidate--Petitions rejected for noncompliance--Verified notice of disapproval filed by designated candidate removes slate from ballot.
- § 12-5-3.13. Election of all delegates by slate receiving most votes.
- § 12-5-3.14. Notice by candidates or supporters of intention to enter presidential primary.
- § 12-5-3.15. State board to adopt rules.
- § 12-5-3.16. Certification of names of national convention nominees for President and vice-president--Alternate certification.
- § 12-5-4. Statement filed by candidates for precinct committeeman or committeewoman--Time of filing--Contents--Effect.
- § 12-5-4.1. Unopposed candidate for precinct committee automatically elected.
- § 12-5-4.2. Precinct committee election--Information and results to secretary of state--Website publication.
- § 12-5-8. Primary election ballot--Precinct committeeman and committeewoman.
- § 12-5-9. Votes for precinct committee restricted to nominees.
- § 12-5-13. Precinct committeemen elected by plurality at primary--Term of office.
- § 12-5-14. County central committee--Composition--Organization--Certification of party officials.
- § 12-5-15. Vacancies filled by county central committee--Exception.
- § 12-5-17. Biennial state conventions--Time and place--Notice to secretary of state.
- § 12-5-18. Voting by delegates to state convention.
- § 12-5-21. Nomination of state candidates not nominated by primary--Presidential electors and national committee members.
- § 12-5-21.1. Certification of candidate for lieutenant governor--Withdrawal--Ballot placement--Promulgation of rules--Forms.
- § 12-5-22. Majority required for nomination by convention--Certification to secretary of state.
- § 12-5-25. Nomination of candidates by political party with alternative political status--Primary election.
- § 12-5-26. New party nomination of candidates.
- § 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 to place candidate's name on primary ballot--Time and place of filing.
- § 12-6-4.1. Earliest time for circulating petitions or certificates.
- § 12-6-5. 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--Signatory information required--Declaration of candidate--Verification--Falsely attesting--Penalty--Form--Signing for independent or nonpolitical candidate.
- § 12-6-8.1. Candidate withdrawal--Filing deadline--Ballot.
- § 12-6-9. Unopposed candidate automatically nominated--Primary not held if no contest.
- § 12-6-11. Certification to county auditors of nominating petitions filed with secretary of state.
- § 12-6-14. Form of official primary ballot prescribed by state board.
- § 12-6-26. Qualifications of voters at primary--Party registration requirements.
- § 12-6-50. Nomination by plurality at primary.
- § 12-6-51.1. Runoff election--United States Senate, House of Representatives, or Governor primary.
- § 12-6-51.3. Certification of runoff candidates.
- § 12-6-52. Party officials elected by plurality at primary.
- § 12-6-55. Withdrawal by nominee--Time and place of filing.
- § 12-6-56. Party committee--Party candidate vacancies.
- § 12-6-57. Meeting of party committee to fill vacancies--Manner of voting.
- § 12-6-58. Application of vacancy provisions to special congressional elections.
- § 12-6-64. Liberal construction of primary election laws.
- § 12-6-65. Defeated candidate--Prohibition.
- § 12-7-1. Certificate of nomination for nonjudicial public office--Exceptions--Requirements.
- § 12-7-1.1. Earliest time for circulation of petitions or nominating certificates.
- § 12-7-1.2. Certification of candidate for lieutenant governor--Withdrawal--Ballot placement.
- § 12-7-5. Primary election candidate prohibited from filing as independent for same office in same year.
- § 12-7-6. Candidates for Legislature required to reside in district of candidacy.
- § 12-7-7. Certificate of nomination for President or Vice President of the United States--Requirements.
- § 12-8-1. Certification by county board of nominees at primary--Certificate of election of party officials.
- § 12-8-2. Certification by state board of nominees at primary--Certificate of election of party officials.
- § 12-8-6. Time of filing certificates of nomination.
- § 12-8-8. Certification to county auditors of persons nominated for office--Delayed certification of presidential and vice presidential candidates.
- § 12-9-1. Judicial officers nominated and elected in nonpolitical elections.
- § 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.
- § 12-9-6. Party references prohibited in petitions filed.
- § 12-9-8. Primary not required if no more than two candidates for each position.
- § 12-9-10. Order of listing candidates on ballot--Arrangement by lot--Right to be present.
- § 12-9-12. Judicial primary ballots--Contents.
- § 12-9-13. Repealed.
- § 12-9-14. Nomination by highest vote--Number of nominees.
- § 12-9-15. Petitions to fill vacancies after primary.
- § 12-9-21. Certain personally identifiable information of judicial officers excluded from public record.
- § 12-11-1. Special election to fill congressional vacancy--Time of election of representative.
- § 12-11-1.1. Special election to fill congressional vacancy due to extraordinary circumstances.
- § 12-11-2. Filing of election proclamation--Notice to county auditors and political parties--Nominations.
- § 12-11-2.1. Absentee ballots cast by uniformed services or overseas voters in special election to fill congressional vacancy.
- § 12-11-3. Filing of nominations--Certification--Conduct of elections.
- § 12-11-4. Temporary appointment by Governor to fill vacancy in United States Senate.
- § 12-11-5. Special election to fill senate vacancy.
- § 12-11-6. No special election if appointed senator's term expires at normal time.
- § 12-11-7. Vacancy within ninety days of general election--Concurrent elections.
- § 12-11-8. Nominations for specially elected senator--Vacancy near primary election.
- § 12-12-1. Notice of offices to be filled--Publication.
- § 12-12-5. Notice of vacancy for an unexpired term--Publication.
- § 12-12-6. Official list of candidates--Maintenance--Updates--Information required--Availability.
- § 12-13-1. Delivery of proposed questions to county auditors--Attorney general's explanation.
- § 12-13-1.1. Requirements for elections beginning in 2018.
- § 12-13-2. Measures and questions to be sent to official newspapers.
- § 12-13-3. Newspaper publication of submitted questions--Compensation--Suspension of status on failure to publish--Election valid despite refusal to publish.
- § 12-13-4. Lettering and numbering of submitted questions.
- § 12-13-9. Constitutional amendment proposed by Legislature or referred law--Attorney general's statement--Contents--Ballot language.
- § 12-13-9.1. Availability of attorney general's explanation of proposed questions.
- § 12-13-9.2. Action to challenge adequacy of attorney general's statement--Appeal--Time limits.
- § 12-13-11. Repealed.
- § 12-13-16. Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor.
- § 12-13-23. Distribution of public information.
- § 12-13-24. Style, form, and wording of initiative or initiated amendment.
- § 12-13-25. Review and comment--Legislative Research Council--Opinion.
- § 12-13-25.1. Petition-initiated measure or constitutional amendment--Attorney general's statement--Contents--Process--Ballot language.
- § 12-13-25.2. Exception to time for director's comments.
- § 12-13-26. Unreviewed initiatives or initiated amendments unacceptable--Uncertified initiated amendments unacceptable.
- § 12-13-26.1. Initiated or proposed constitutional amendment--Single subject or revision determination by secretary of state--Certification.
- § 12-13-26.2. Appeal of determination--Time limits--Promulgation of court rules.
- § 12-13-26.3. Initiated measure--Single subject compliance--Secretary of state determination--Certification--Publication--Resubmission.
- § 12-13-27. Special elections for constitutional amendments--Procedural changes--Reimbursement of costs.
- § 12-13-28. Employment and compensation of petition circulators.
- § 12-14-1. Designation of precincts and polling places by county commissioners--Changes--Separate voter lists of special voting districts.
- § 12-14-1.1. Notice to county auditor of boundary change for local election.
- § 12-14-2. Boundaries to be clearly defined in resolution.
- § 12-14-4. Adjustment in size of precincts--Unreasonable waiting time.
- § 12-14-9. Location of polling places.
- § 12-14-13. Display of flag at polling places at election.
- § 12-14-14. Sign to identify polling place on election day.
- § 12-14-15. Change in precinct boundary or polling place.
- § 12-14-16. Campaign signs at nonpublicly-owned polling place.
- § 12-14-17. Vote centers.
- § 12-15-1. Appointment by county auditor of precinct election officials--Names submitted by parties.
- § 12-15-1.3. Precinct assistant--Appointment--Duties.
- § 12-15-2. Precinct superintendent and deputy to be registered voters and residents of precinct--Vacancy on precinct election board.
- § 12-15-2.1. Precinct superintendent and precinct deputy prohibited to serve as poll watchers.
- § 12-15-3. Distribution of precinct officials among parties--Superintendent from majority party--Eligible appointees when list not provided.
- § 12-15-7. Meetings of precinct officials for instruction on laws and duties--Compensation for attendance.
- § 12-15-9. Oath of precinct officials--Entry in pollbook--Violation of oath as misdemeanor.
- § 12-15-10. Replacement of precinct superintendent or precinct deputy failing to take oath or to serve.
- § 12-15-11. Fee paid precinct superintendent and precinct deputy--Mileage for returning pollbooks and ballot boxes.
- § 12-15-13. Certification of fee of precinct superintendent and precinct deputy--Order for payment from treasury.
- § 12-15-14. Counting boards in large paper ballot precincts--Duties.
- § 12-15-14.1. Counting boards in smaller precincts to avoid unreasonable delay.
- § 12-15-14.3. Certain relatives of candidates prohibited from serving on election and counting boards.
- § 12-16-1. Printed ballots to be provided--Candidates listed--Sample ballots--Challenge--Submitted questions.
- § 12-16-1.1. Automatic election of unopposed candidate--Certificate of election.
- § 12-16-2. Paper and printing specifications--Columns for parties and independent candidates--Automatic tabulating systems.
- § 12-16-2.1. Colors for ballots.
- § 12-16-3.1. Order of party columns.
- § 12-16-5. Order of offices placed on ballot.
- § 12-16-6. Presidential and vice-presidential candidates listed--Single square to vote for electors.
- § 12-16-7. Number stated where more than one to be chosen--More than one independent candidate.
- § 12-16-8. Order of listing candidates for same office in same column.
- § 12-16-9. Form for official ballot at general election.
- § 12-16-10. Election of two or more candidates to same office--Official ballot.
- § 12-16-10.1. Candidacy for more than one office prohibited--Exception.
- § 12-16-11. Repealed.
- § 12-16-14. Affidavit for correction of errors in ballot--Circuit court order--Patent errors corrected without order.
- § 12-16-15. Posting of sample ballots.
- § 12-16-16. Publication of facsimile ballots--Time for publication.
- § 12-16-16.1. Publication of facsimile ballots by counties using same legal newspaper.
- § 12-16-16.2. Publication of facsimile ballots--Compensation of newspapers.
- § 12-16-17. Number of official and sample ballots provided to precincts--Reserve supply retained and delivered on request--Samples or photocopies used in emergency.
- § 12-16-18. Delivery of ballots to precinct superintendents--Packaging and marking--Receipts.
- § 12-16-19. Delivery of ballots and supplies at instruction meeting--Sheriff to receive in absence of precinct superintendent or precinct deputy.
- § 12-16-20. Delivery of unbroken package to election board--Receipts.
- § 12-16-21. Replacement of ballots lost, stolen, or not delivered--Additional ballots.
- § 12-16-23. Voting rights notices and instructions.
- § 12-16-25. Posting of instruction cards and posters in polling place.
- § 12-16-26. Construction of ballot boxes--Openings.
- § 12-16-28. Pollbooks--Voter registration lists.
- § 12-16-30. Official stamp for ballots--Delivery of stamp and supplies.
- § 12-16-32. Separate tally sheets provided.
- § 12-16-34. Rules and columns on tally sheets.
- § 12-16-35. Listing of candidates and submitted questions on tally sheets.
- § 12-16-36. Space for tally marks and vote totals on tally sheets.
- § 12-16-37. Space for tallying votes on submitted questions.
- § 12-16-38. Tallying and marking of votes--Entry of total votes.
- § 12-16-39. Tally sheets for candidates and submitted questions.