An Act to modify provisions pertaining to the submission of a nominating petition.

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

Section 1. That § 9-13-7 be AMENDED:

9-13-7. No candidate for elective municipal office may be nominated unless a nominating petition is filed with the finance officer no later than five p.m. on the last Friday in February preceding the day of election. The petition shall be considered filed if it is mailed by registered mail by five p.m. on the last Friday in February before the election. The petition shall contain the name, residence address, and mailing address of the candidate and the office for which the candidate is nominated and shall The petition must be on the form prescribed by the State Board of Elections. The signer's, and must contain:

(1) The name of the candidate;

(2) The candidate's residential address;

(3) The candidate's mailing address, if applicable; and

(4) The office for which the candidate is to be nominated.

If an individual who signs a petition lives within a second-class or third-class municipality, the individual may give the individual'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.

The finance officer may only accept a nominating petitions that are petition that is on the prescribed form and were was circulated and submitted pursuant to the provisions in chapters 9-13 of this chapter and chapter 12-6. Upon verification signed by the municipal finance officer or clerk The municipal finance officer or clerk shall verify by signature that the nominating petition contains the minimum number of signatures of registered voters within either the municipality or ward, or both, and that the candidate is a registered voter within either the municipality or ward, or both,. Upon verification by the municipal finance officer or clerk, the filing of the a nominating petition constitutes nomination.

Section 2. That § 12-6-4 be AMENDED:

12-6-4. 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 candidate's name printed upon the official primary election ballot of that person's candidate's party, unless a petition has been filed on that person's behalf of the candidate after December thirty-first first and by the last third 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 must be filed in accordance with the provisions of this section. Nominating petitions for all party and public offices A nominating petition for any party or public office, except legislative and judicial offices shall, must be filed in the office of with the county auditor of the county in which the person is a candidate. Nominating petitions A nominating petition for any legislative and or judicial office whether elected in one or more counties, and all other party and public offices to be, or any other public or party office that is voted on in more than one county shall be filed in the Office of the Secretary of State, must be filed with the secretary of state.

Section 3. That § 12-6-8.1 be AMENDED:

12-6-8.1. Any person candidate may have his or her name withdrawn withdraw the candidate's name from the primary election by making a written request under oath. The request shall be filed candidate shall file the request with the officer with whom the nominating petition was filed pursuant to § 12-6-4, not later than two days after the last third Tuesday in March at five p.m p.m. local time. If the request is mailed by registered mail not later than two days after the last third Tuesday in March at five p.m. local time, the request is properly filed. No A name that is withdrawn pursuant to this section may not be printed on the ballots to be used at the election.