South Dakota § 12-24A-5 - Vacancy before meeting date--Failure to appear--Individual chosen to fill vacancy.
Full text of South Dakota South Dakota Codified Laws § 12-24A-5 — Vacancy before meeting date--Failure to appear--Individual chosen to fill vacancy., with citation guidance and answers to common questions.
§ 12-24A-5. Vacancy before meeting date--Failure to appear--Individual chosen to fill vacancy.
If a vacancy occurs before the day of the meeting of the electors, the state chairperson of the political party that nominated the elector must provide a list of up to three alternative electors who are available to be present at the meeting of the electors, from which the remaining electors must consider and vote for one alternative elector to fill the vacant elector position.
If an elector named in the Governor's certificate fails to appear before nine a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the electors present must immediately elect, by ballot, an individual to fill the vacancy. If more than one individual receives an equal number of votes, the Governor must, in the presence of the remaining electors, name one of the individuals receiving an equal number of votes to fill the vacancy. If the Governor is not present or is one of the remaining electors, the secretary of state must name one of the individuals receiving an equal number of votes to fill the vacancy.
If two electors named in the Governor's certificate fail to appear before nine a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the Governor, or in the absence of the Governor, the secretary of state, must immediately appoint an elector. Upon appointment, the electors must immediately elect, by ballot, an individual to fill the remaining vacancy, in accordance with this section.
If no electors named in the Governor's certificate appear before nine a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the Governor, or in the absence of the Governor, the secretary of state, must immediately appoint an elector. Upon appointment, the elector must immediately appoint a second elector. Upon appointment of the second elector, the electors must immediately elect, by ballot, an individual to fill the remaining vacancy, in accordance with this section.
Source: SL 1890, ch 84, §§ 13, 14; RPolC 1903, §§ 1961, 1962; RC 1919, § 7325; SDC 1939, § 16.1602; SDCL § 12-24-2; SL 2026, ch 74, §§ 2, 9.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 12-24A-5
What does South Dakota Codified Laws § 12-24A-5 cover?
Section 12-24A-5 ("Vacancy before meeting date--Failure to appear--Individual chosen to fill vacancy.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 12-24A-5?
A common citation format is "South Dakota Codified Laws § 12-24A-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 12-24A-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.