ENTITLED, An Act to revise certain provisions concerning elections and petitions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-4-36 be amended to read as follows:
12-4-36. There is a rebuttable presumption that the signer of a petition filed pursuant to chapter
2-1, 6-16, 7-18A, 9-13, 9-20, 12-6, 12-7, or 13-7 is not a qualified elector if the signer's name fails
to appear on the active or inactive voter registration list of the county stated on the petition as the
signer's county of registration on the date the petition was signed. This rebuttable presumption may
only be overcome by clear and convincing evidence presented by the petition sponsor, circulator, or
candidate.
Section 2. That § 12-5-1 be amended to read as follows:
12-5-1. A new political party may be organized and participate in the primary election by filing
with the secretary of state not later than the last Tuesday of March at five p.m. prior to the date of
the primary election, a written declaration signed by at least two and one-half percent of the voters
of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election,
which declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the rights of a political party whose
ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the
declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also
comply with the requirements for dissolution pursuant to chapter 12-27.
Section 3. That § 12-6-8 be amended to read as follows:
12-6-8. No person may sign the nominating petition of a candidate before January first in the year
in which the election is to be held, nor for whom the person is not entitled to vote, nor for a political
candidate of a party of which the person is not a member, nor of more than the number of candidates
required to be nominated for the same office. There shall be added by either the signer or the
circulator, the signer's place of residence, and the date of signing. The signer'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. A formal declaration of the candidate shall be signed by the circulator prior to the
circulation of petitions. The signed declaration of the candidate, or a facsimile thereof, may
accompany and be a part of the petition. The original signed declaration shall accompany the group
of petitions upon filing. The petition shall be verified under oath by the persons circulating the
petition. The verification by the person circulating the petition may not be notarized by the candidate
whom the petition is nominating. The provisions of this section may not prohibit a person registered
with party affiliation from signing either a petition nominating an independent or a nonpolitical
candidate for office if the person has not previously signed a petition for that office to be filled.
Section 4. That § 12-26-15 be amended to read as follows:
12-26-15. It is a Class 2 misdemeanor for any person, directly or indirectly, by the person or
through any other person:
(1) To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or
other valuable consideration, to or for any voter or to or for any other person, to induce
the voter to vote or refrain from voting at any election or to induce any voter to vote or
refrain from voting at any election for any particular person or to induce the voter to go
to the polls or remain away from the polls at any election, or on account of the voter
having voted, refrained from voting or having voted or refrained from voting for any
particular person, or having gone to the polls or remained away from the polls at any
election;
(2) To give, offer, or promise any office, place, or employment, or to promise to procure or
endeavor to procure any office, place, or employment to or for any voter, or to or for any
other person in order to induce the voter to vote or refrain from voting at any election for
any particular person;
(3) To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for,
or with any person in order to induce the person to procure or endeavor to procure the
election of any person, or the vote of any voter at any election;
(4) To procure or engage, promise, or endeavor to procure, in consequence of any gift, loan,
offer, promise, procurement, or agreement, the election of any person or the vote of any
voter at any election;
(5) To advance or pay, or cause to be paid, any money or other valuable thing to or for the use
of any other person, with the intent that the same or any part thereof shall be used in
bribery at any election, or to knowingly pay or cause to be paid any money or other
valuable thing to any person in discharge or repayment of any money wholly or in part
expended in bribery at any election;
(6) To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or
other valuable consideration, to or for any voter or to or for any other person, to sign any
nominating, referendum, initiated measure, or initiated constitutional amendment petition;
(7) To give, offer, or promise any office, place, or employment, or to promise to procure or
endeavor to procure any office, place, or employment to or for any voter, or to or for any
other person in order to sign any nominating, referendum, initiated measure, or initiated
constitutional amendment petition; or
(8) To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for,
or with any person in order to sign any nominating, referendum, initiated measure, or
initiated constitutional amendment petition.
An Act to revise certain provisions concerning elections and petitions.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1018
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1018
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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