An Act to revise the process for nominating candidates for statewide offices lieutenant governor and to make related technical changes.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 12-5 be amended with a NEW SECTION:

A candidate for Governor shall select a candidate for lieutenant governor and certify the selection to the secretary of state no later than five p.m. central time on the second Tuesday in August of the year of the election. The candidate for Governor and the candidate's selection for lieutenant governor shall sign the certification. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, to prescribe the form for certification of a candidate for lieutenant governor under this section.

A candidate for lieutenant governor may withdraw by filing a request under oath with the secretary of state. If a candidate for lieutenant governor withdraws, the candidate for Governor shall select a replacement and certify the selection to the secretary of state no later than five p.m. central time on the second Tuesday in August of the year of the election. The candidate for Governor and the candidate's replacement selection for lieutenant governor shall sign the certification. The secretary of state may not place the name of the candidate for Governor on the general election ballot until a replacement candidate has been certified.

Section 2. That § 12-5-17 be AMENDED:

12-5-17. Each political party shall hold a state convention in each even-numbered year for the purposes stated as provided for in § 12-5-21, in the years the President of the United States is to be elected, for the purpose of nominating candidates for:

(1) Presidential elector;

(2) National committeeman;

(3) National committeewoman; and

(4) Public utilities commissioner, if the political party is unable to nominate a candidate at the primary election.

The state central committee of each political party shall determine the date, time, and place of the convention. The chair of the committee shall notify the secretary of state of the date and place of the convention at least fifteen business thirty days prior to before the date chosen.

Section 3. That § 12-5-21 be AMENDED:

12-5-21. TheIn the years the In a year when the Governor is to be elected, if a political party is unable state convention shall to nominate candidates a candidate for lieutenant governor, the attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and or public utilities commissioner and in the years must be nominated by state convention. In a year when a President of the United States is to be elected, presidential electors and national committeeman and national committeewoman of the party at the primary election, the political party may hold a state convention to nominate a candidate for an office listed in this section must be nominated by state convention.

Section 4. That § 12-5-25 be AMENDED:

12-5-25. A political party with alternative political status may nominate a candidate for United States Senate, United States House of Representatives, Governor, attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, public utilities commissioner, and any legislative seat by convention, if the nomination is submitted with the proper documentation to the Office of the Secretary of State no later than 5:00 five p.m. central time on the second Tuesday in August, of the year of the election.

A candidate registered with a political party with an alternative political status may choose, if allowed by the party bylaws, to participate in a primary election by submitting a candidate petition no later than the last Tuesday of March in accordance with § 12-5-1.4.

Section 5. That § 12-5-26 be AMENDED:

12-5-26. A new political party may nominate a candidate for United States Senate, United States House of Representatives, Governor, attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, public utilities commissioner, and any legislative seat by convention, if the nomination is submitted with the proper documentation to the Office of the Secretary of State no later than 5:00 five p.m. central time on the second Tuesday in August, of the year of the election.

Section 4. That § 12-6-7 be AMENDED:

12-6-7. A nominating petition may be composed of several sheets, each. Each sheet shall must have identical headings printed at the top and shall must be a self-contained sheet of paper. The petition for a candidate for the Legislature shall designate must specify the senatorial or representative legislative district number and house chamber for which the person is a candidate.

The petition for party office or political public office for a state a party's gubernatorial or federal candidate shall must 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. The petition for a party's candidate for attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, or public utilities commissioner, must be signed by not less than one-half percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election. A petition for the Legislature, county party office, or county political public office shall must 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 must 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 must 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 must 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 must 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.

Section 5. That § 12-7-1 be AMENDED:

12-7-1. Any candidate for nonjudicial public office, except judicial office, the office of lieutenant governor, and as provided in § 12-7-7, who is not nominated by a primary election, may be nominated by filing a certificate of nomination with the secretary of state or county auditor as prescribed by in the manner of nominating petitions as described in § 12-6-4, after December thirty-first and by but no later than five p.m. local time on the last Tuesday of in April at 5:00 p.m. local time before the election. A certificate of nomination shall must be executed as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by no later than five p.m. local time on the last Tuesday of in April at 5:00 p.m. local time before the election, it is timely submitted. The certificate of nomination shall must be signed by registered voters within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the district or political subdivision. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate of nomination.

Section 4. That § 12-7-1.2 be AMENDED:

12-7-1.2. An independent candidate for Governor shall certify the candidate's selection select a candidate for lieutenant governor and certify the selection to the secretary of state with the candidate's nominating petition no later than five p.m. central time on the second Tuesday in August of the year of the election. The candidate and the candidate's selection for lieutenant governor shall sign the certification before the nominating petitions are circulated.

If anAn independent candidate for lieutenant governor withdraws, no may withdraw by filing a request under oath with the secretary of state. If an independent candidate for lieutenant Governor withdraws, the independent candidate for Governor may have the candidate's name printed upon a ballot unless a shall select a replacement and certify the selection for lieutenant governor is certified to the secretary of state by the no later than five p.m. central time on the second Tuesday in August of the year of the election. The candidate for Governor and the candidate's replacement selection for lieutenant governor shall sign the certification. The secretary of state may not place the name of the candidate for Governor on the general election ballot until a replacement candidate has been certified.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms form for the certification for lieutenant governor.

Section 9. That § 12-25-28 be AMENDED:

12-25-28. Any candidate for the United States Senate, the United States House of Representatives, Governor, circuit court judge, or the Legislature following offices shall file a statement of financial interest with the secretary of state not more than fifteen days after filing the candidate's nominating petitions:

(1) United States Senate;

(2) United States House of Representatives;

(3) Governor;

(4) Attorney general;

(5) Secretary of state;

(6) State auditor;

(7) State treasurer;

(8) Commissioner of school and public lands;

(9) Public utilities commissioner;

(10) Circuit court judge; and

(11) Legislature.

Any Supreme Court justice shall file a statement of financial interest with the secretary of state not more than fifteen days following notice to the secretary of state of the justice's intention to place the justice's name on the retention ballot.

A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.

Section 5. That § 12-25-29 be AMENDED:

12-25-29. Any candidate for lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, or commissioner of school and public lands shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's nomination is certified.

A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.

Section 9. That § 12-25-29.1 be AMENDED:

12-25-29.1. Any candidate for United States Senate, United States House of Representatives, Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, commissioner of school and public lands, or state legislator the following offices who has been nominated at the convention of a party with alternative political status shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's nomination is certified:

(1) United States Senate;

(2) United States House of Representatives;

(3) Governor;

(4) Attorney general;

(5) State auditor;

(6) State treasurer;

(7) Secretary of state;

(8) Public utilities commissioner;

(9) Commissioner of school and public lands; and

(10) Legislature.

A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.

Section 10. That § 3-1A-2 be AMENDED:

3-1A-2. Any person who assumes the Office of Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, commissioner of school and public lands, Public Utilities Commissionerpublic utilities commissioner, Supreme Court justice, circuit court judge, or state legislator shall, within fifteen days after the person assumes office, file a statement of financial interest setting forth any additions or corrections to any previous statement of financial interest filed pursuant to §§ 12-25-28 or 12-25-29 to 12-25-29.1, inclusive.

Section 6. That chapter 12-25 be amended with a NEW SECTION:

A candidate certified to be selected as lieutenant governor under sections 1 and 4 of this Act shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's certification.

A violation of this section is a petty offense. An intentional violation of this section is a Class 2 misdemeanor.