1164B 100th Legislative Session 1164

2025 South Dakota Legislature

House Bill 1164

AMENDMENT 1164B FOR THE INTRODUCED BILL

Introduced by: Representative Goodwin

An Act to revise the process for nominating candidates for lieutenant governor.

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

Section 1. That § 12-5-21 be AMENDED:

12-5-21. The In a year when the Governor is to be elected, the delegates selected to participate in the state convention shall nominate candidates for lieutenant governor, attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner and in. In the years when a President of the United States is to be elected, the delegates shall nominate a candidate for public utilities commissioner, presidential electors, and national committeeman and national committeewoman of the party.

Section 2. That chapter 12-5 be amended with a NEW SECTION:

A candidate for Governor shall nominate a candidate for lieutenant governor by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's nominee for lieutenant governor shall sign the certification.

A candidate for lieutenant governor may withdraw from the nomination by filing a request under oath with the secretary of state. If a candidate for lieutenant governor withdraws, the candidate for Governor must nominate a replacement by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's replacement nominee 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 candidate for lieutenant governor has been certified.

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

Section 2. That a NEW SECTION be added to chapter 12-6:

A nominating petition filed by or on behalf of a candidate for a party's nomination for Governor must include the name of the individual that the candidate selects as lieutenant governor. The candidate must certify the selection to the secretary of state, and the candidate for Governor and the candidate's selection for lieutenant governor must sign the certification before the nominating petition may be circulated. The name of the candidate's selection for lieutenant governor must be included on the ballot in the same way as the party's candidate for lieutenant governor is listed on the general election ballot.

The candidate for lieutenant governor selected by the candidate for Governor who receives the highest number of votes at the primary election or, if applicable, runoff election held pursuant to § 12-6-51.1, is nominated as the party's candidate for lieutenant governor.

Section 3. That a NEW SECTION be added to chapter 12-6:

For good cause, a candidate for lieutenant governor may withdraw from the nomination by filing a request under oath with the secretary of state. If a candidate for lieutenant governor withdraws, the candidate for Governor must nominate a replacement by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's replacement nominee 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 candidate for lieutenant governor has been certified.

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

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

12-7-1.2. An independent candidate for Governor shall certify the candidate's selection nominate a candidate for lieutenant governor by certifying the nomination 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 July in the year of election. The candidate and the candidate's selection nominee for lieutenant governor shall sign the certification before the nominating petitions are circulated. If an.

An For good cause, an independent candidate for lieutenant governor withdraws, no may withdraw from the nomination 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 must nominate a replacement selection candidate for lieutenant governor is certified by certifying the nomination to the secretary of state by the second Tuesday in August. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certification for lieutenant governor no later than five p.m. central time on the second Tuesday in August in the year of the election. The independent candidate for Governor and the candidate's replacement nominee 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 candidate for lieutenant governor has been certified.

Section 5. That § 12-25-28 be AMENDED:

12-25-28. Any candidate for the United States Senate, the United States House of Representatives, Governor, lieutenant governor, circuit court judge, or the Legislature shall file a statement of financial interest with the secretary of state not more than fifteen days after filing the candidate's nominating petitions. 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 6. 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.

Underscores indicate new language.

Overstrikes indicate deleted language.