HB 1095 — modify provisions pertaining to the submission of a nominating petition.

26.405.2326.405.24 101st Legislative Session 1095 South Dakota Legislature House Bill 1095 HOUSEENROLLED ENGROSSEDAN IntroducedA by:CT ENTITLED An Act to modify provisions pertaining to the submission of a nominating petition.

RepresentativeB ReimerE AnIT ActENACTED toBY modifyTHE provisionsL pertainingEGISLATURE toOF theTHE submissionS ofTATE aOF nominatingS petition.OUTH D AKOTA :

B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :

local time, on the third Tuesday seventyof daysMarch, beforefor an election held on the datefirst ofTuesday after the election.first Monday in June, or before five p.m.

A petition is considered filed if it is mailed by registered mail by five p.m.

on the last day to file a petition local time, on the third Tuesday of March, for an election held on the first Tuesday after the first Monday in June, or before five p.m.

OverstrikesSection indicate2. deleted language.

26.405.23 2 1095 Section 2.

26.405.24 2 1095 9-13-7.1.

Any personcandidate who has filed a nominating petition pursuant to § 9-13-79-13- may withdraw from the nomination by making a written request,request signedunder byoath. the person and properly acknowledged and filed with the finance officer of the municipality.

The name of a withdrawn or deceased candidate may not be printed on the ballot if the candidate withdraws or dies no later than five p.m.

on the deadline day for filing nominating petitions.

If the withdrawal or death of a candidate occurs at any time prior to five p.m.

on the deadline day for filing nominating petitions results in there being no contest on the ballot, that ballot need not be voted.

In addition, if that contest constitutes the only ballot to be voted upon, then the election shall be canceled by the official in charge of the election and the unopposed candidate shall be issued a certificate of election.

Any candidate who has filed a nominating petition pursuant to § 9-13-7 may withdraw from the nomination by making a written request under oath.

A nominating petition may not be circulated for signatures more than four months before the election before January first, for an election held on the first Tuesday after the first Monday in June, or June first, for an election held on the first Tuesday after the first Monday in November.

OverstrikesA indicatenominating deletedpetition language.must be filed under the provisions of § 9-13-7 before five p.m.

26.405.23 3 1095 A nominating petition must be filed under the provisions of § 9-13-7 at least seventy days before the election before five p.m.

The finance officer shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the Thursday sixty-eight days before the election name of each candidate who has qualified to be on the ballot and each ballot question to be submitted to the voters, on or before the first Friday after the deadline for filing the nominating petitions.

HB1095 ENROLLED 26.405.24 3 1095 12-5-3.11.

If a the bylaws of a political party has no prescribed method of selection of slates do not prescribe a method of selecting a slate of delegates and alternates to its the party's national convention, the slates of delegates and alternates to the national convention shall must be elected by the primary.

Names of candidates for delegates and alternates to the national convention, in number equal to the entire number of the delegates and alternates to be selected, shall be The number of candidates comprising a slate of delegates and alternates must:

and (2) Be grouped in a slate upon a single nominating petition, under the respective designationsdesignations. upon a single nominating petition.

The nominating petition shall for a slate of delegates and alternates must contain a statement indicating the candidates for delegates candidates' collective preference choice for President president of the United States, if any, or that the candidates have no preference, or that the candidates are uncommitted.

No name of any candidate for delegate or alternate may be filed in may be listed on the nominating petition of more than one slate.

The nominating petition for a slate of delegates and alternates to a party's national convention must be filed with the secretary of state after December thirtythirty-first first and before five p.m.

OverstrikesSection indicate5. deleted language.

26.405.23 4 1095 Section 5.

Except as otherwise provided by § 12-5-4 and as may be otherwise provided in chapter 12-9, noa candidate for anynomination office to be filled, or nominationelection to beany made,office, at either or both the primary or general election, other than a presidential election, may not have thatthe person'scandidate's name printed uponon the official primary election ballot of thatthe person'scandidate's political party, unless a petition has been filed on thatthe person'scandidate's behalf after December thirty-firstthirty-first, andbut bybefore the last 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 be filed in accordance with the provisions of this section.

Nominating petitions for all party and public offices except legislative and judicial offices shall be filed in the office of the county auditor of the county in which the person is a candidate.

Nominating petitions for legislative and judicial office whether elected in one or more counties, and all other party and public offices to be voted on in more than one county shall be filed in the Office of the Secretary of State.

Except as otherwise provided by § 12-5-4 and chapter 12-9, a candidate for nomination or election to any office, other than a presidential election, may not have the candidate's name printed on the official primary election ballot of the candidate's political party, unless a petition has been filed on the candidate's behalf after December thirty- first, but before five p.m.

Any person may have his or her name withdrawn candidate may withdraw the candidate's name from the primary election by making a written request under oath.

The candidate shall file the request shallwith beHB1095 filedENROLLED with26.405.24 4 1095 the officer with whom the nominating petition was filed pursuant to § 12-6-4, notbefore laterfive thanp.m. two days after the Overstrikes indicate deleted language.

26.405.23 5 1095 last Tuesday in March at five p.m.