An Act to require presidential electors to vote for the candidate receiving the highest number of votes in the state's general election.amend provisions pertaining to the duties of presidential electors.

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

Section 1. That a NEW SECTION be added to chapter 12-24:

The office of presidential elector becomes vacant if the elector:

(1) Dies;

(2) Resigns;

(3) Fails to qualify, as provided by law; or

(4) Fails to appear at the designated time and place of the meeting.

An elector may resign the office of presidential elector by submitting a letter of resignation to the secretary of state.

Section 2. That § 12-24-2 be AMENDED:

12-24-2. If a vacancy occurs before the meeting of the electors, the chair of the political party that nominated the elector must immediately select a replacement and file the selection with the secretary of state.

If any an elector named in the Governor's certificate fails to appear before nine o'clock in the morning of the day of election of President and vice president as aforesaid, the electors there present shall immediately proceed to elect by ballot, in the presence of the Governor, a person to fill such must immediately elect, by ballot, an individual to fill the vacancy. If more than one person voted for to fill such vacancy shall have the highest and individual receives an equal number of votes, the Governor, in the presence of the electors attending, shall decide by lot which of such persons shall be elected 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 the individual to fill the vacancy.

Section 3. That § 12-24-3 be AMENDED:

12-24-3. Immediately after such the choice of elector is made, the name of the person so chosen shall forthwith individual chosen to fill the vacancy must be certified to the Governor by the electors making such the choice; and the. The Governor shall cause notice to be immediately given, in writing, to the elector individual chosen to fill such the vacancy; and the person so chosen shall be an elector and. If the Governor is not present, the secretary of state shall notify the individual chosen to fill the vacancy.

The individual chosen to fill the vacancy shall meet the other electors at the same time and place, and then and there discharge all and singular set forth in § 12-24-1 to discharge the duties enjoined upon him the individual as an elector, by the Constitution and laws of the United States and of this state.

Section 4. That a NEW SECTION be added to chapter 12-24:

Each elector of President and vice president of the United States, from this state, shall vote for the candidates for the office of president and vice president receiving the highest number of votes in this state's general election.

An elector vacates the office of presidential elector if the elector:

(1) Refuses to vote; or

(2) Attempts to vote for any candidate other than the candidate receiving the highest number of votes in this state's general election.

If the office of presidential elector becomes vacant pursuant to this section, the remaining electors present must fill the vacancy in the same manner as provided in § 12-24-2.