SB 101 — amend provisions pertaining to the duties of presidential electors.

26.613.1126.613.12 101st Legislative Session 101 South Dakota Legislature Senate Bill 101 SENATEENROLLED STATEA AFFAIRSN ENGROSSEDA IntroducedCT by:ENTITLED An Act to amend provisions pertaining to the duties of presidential electors.

SenatorB HulseE AnIT ActENACTED toBY amendTHE provisionsLEGISLATURE pertainingOF toTHE theSTATE dutiesOF ofS presidentialOUTH electors.D AKOTA :

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

Each elector of President and vice president of the United States shall, before the hour of eleven o'clock in the morning of the day fixed by the act of Congress to elect a President and vice president, give notice to the Governor that he is at the seat of government and ready at the proper time to perform the duties of an elector;

and the Governor shall forthwith deliver to the electors present a certificate of all the names of the electors.

If any an elector named in the Governor's certificate fails to appear before nine o'clocka.m. 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 Overstrikes indicate deleted language.

26.613.11 2 101 the Governor, a person to fill such a.m.

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,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.

26.613.12 2 101 If two electors named in the Governor's certificate fail to appear before nine a.m.

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;choice.

andThe the.Governor shall cause notice to be immediately given, in writing, to the individual chosen to fill the vacancy.

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.

The individual chosen to fill the vacancy shall meet the other electors at the same time and place,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.

OverstrikesSection indicate4. deleted language.

26.613.11 3 101 Section 4.

The electors of President and vice president shall, at twelve noon on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this state and then and there perform the duties enjoined upon them by the Constitution and laws of the United States.

SB101 ENROLLED 26.613.12 3 101 Each presidential elector nominated pursuant to § 12-5-21 shall execute the following pledge upon nomination:

OverstrikesIf indicatea deletedvacancy language.occurs in the office of elector after the Governor issues the certificate of ascertainment, a replacement elector must be selected pursuant to § 12-24-2.

26.613.11 4 101 If a vacancy occurs in the office of elector after the Governor issues the certificate of ascertainment, a replacement elector must be selected pursuant to § 12-24-2.

SB101 ENROLLED 26.613.12 4 101 (4) Fails to appear at the designated time and place of the meeting;

OverstrikesSection indicate9. deleted language.

26.613.11 5 101 Section 9.

UnderscoresSB101 indicateENROLLED new26.613.12 language.5 101 An Act to amend provisions pertaining to the duties of presidential electors.

OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

101 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

101 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB101 ENROLLED