Changes to Existing Law

26.405.21 26.405.22 101st Legislative Session 1095 2026 South Dakota Legislature House Bill 1095 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Reimer Underscores indicate new language. Overstrikes indicate deleted language. An Act to modify provisions pertaining to the submission of a nominating petition. petition 1 and to declare an emergency. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 3 Section 1. That § 9-13-7 be AMENDED: 3 4 9-13-7. No candidate for elective municipal office may be nominated unless the 4 5 candidate files a nominating petition with the municipal finance officer no later than five 5 6 p.m. on the Tuesday seventy days before the date of the election. A petition is considered 6 7 filed if it is mailed by registered mail by five p.m. on the last day to file a petition local 7 8 time, on the second third Tuesday of March, for an election held on the first Tuesday after the 8 9 first Monday in June, or before five p.m. local time, on the second third Tuesday of August for 9 an 10 election held on the first Tuesday after the first Monday in November. 10 A candidate may file a nominating petition by sending the petition to the 11 municipality's finance officer, by registered mail, as defined in § 12-1-3. If a candidate 12 files a nominating petition by registered mail, the petition is considered filed if the petition 13 is received by the finance officer on or before March thirty-first, for an election held on 14 the first Tuesday after the first Monday in June or on or before August thirty-first, for an 15 election held on the first Tuesday after the first Monday in November. 16 The petition must be on the form prescribed by the State Board of Elections and 17 12 must contain: 18 13 (1) The name of the candidate; 19 14 (2) The candidate's residential address; 20 15 (3) The candidate's mailing address, if applicable; and 21 16 (4) The office the candidate seeks. 22 17 If an individual who signs a petition lives within a second-class or third-class 23 18 municipality, the individual may give the individual's post office box number in lieu of a 24 19 street address. 25 26.405.21 2 1095 Underscores indicate new language. Overstrikes indicate deleted language. 20 The finance officer may only accept a nominating petition that is on the prescribed 1 21 form and was circulated and submitted pursuant to the provisions of this chapter and 2 22 chapter 12-6. The municipal finance officer or clerk shall verify by signature that the 3 23 nominating petition contains the minimum number of signatures of registered voters 4 24 within the municipality or ward, and that the candidate is a registered voter within the 5 25 26.405.22 2 1095 Underscores indicate new language. Overstrikes indicate deleted language. municipality or ward. Upon verification, the filing of a nominating petition constitutes 6 1 nomination. 7 2 Section 2. That § 9-13-7.1 be AMENDED: 8 3 9-13-7.1. Any person who has filed a nominating petition pursuant to § 9-13-7 9 4 may withdraw from the nomination by a written request, signed by the person and 10 5 properly acknowledged and filed with the finance officer of the municipality. The name of 11 6 a withdrawn or deceased candidate may not be printed on the ballot if the candidate 12 7 withdraws or dies no later than five p.m. on the deadline day for filing nominating 13 8 petitions. If the withdrawal or death of a candidate occurs at any time prior to five p.m. 14 9 on the deadline day for filing nominating petitions results in there being no contest on the 15 10 ballot, that ballot need not be voted. In addition, if that contest constitutes the only ballot 16 11 to be voted upon, then the election shall be canceled by the official in charge of the election 17 12 and the unopposed candidate shall be issued a certificate of election. 18 13 Any candidate who has filed a nominating petition pursuant to § 9-13-7 may 19 14 withdraw from the nomination by making a written request under oath. The candidate 20 15 shall file the request with the municipal finance officer. The finance officer may not print 21 16 the name of a candidate if the candidate withdraws or dies before five p.m. local time, on 22 17 the first Thursday after the deadline for filing a nominating petition. 23 18 If the death or withdrawal of a candidate at any time before the withdrawal 24 19 deadline results in the number of nominating petitions filed for the vacant position to be 25 20 equal to or less than the number of vacancies, the contest may not be placed on the ballot, 26 21 and the finance officer must issue a certificate of election to the unopposed candidate. If 27 22 that contest is the only contest to be voted upon, the finance officer must cancel the 23 election. 24 Section 3. That § 9-13-37 be AMENDED: 25 9-13-37. Any other provision of this chapter notwithstanding, the governing body 26 of a municipality shall, in even-numbered years, hold the general municipal election in 27 conjunction with the regular June primary election or the regular November general 28 election. The expenses and governmental responsibilities of a combined election must be 29 shared in a manner agreed upon by the governing body of the municipality and the board 30 of county commissioners involved. 31 A nominating petition may not be circulated for signatures more than four months 32 before the election before January first, for an election held on the first Tuesday after the 33 26.405.22 3 1095 Underscores indicate new language. Overstrikes indicate deleted language. first Monday in June, or June first, for an election held on the first Tuesday after the first 1 Monday in November. 2 A nominating petition must be filed under the provisions of § 9-13-7 at least 3 seventy days before the election before five p.m. local time on: 4 (1) The third Tuesday of March, for an election held on the first Tuesday after the first 5 Monday in June; or 6 (2) The third Tuesday of August, for an election held on the first Tuesday after the first 7 Monday in November. 8 The finance officer shall certify to the appropriate county auditor the candidate 9 names and ballot language to be voted on by the Thursday sixty-eight days before the 10 election name of each candidate who has qualified to be on the ballot and each ballot 11 question to be submitted to the voters, on or before the first Friday after the deadline for 12 filing the nominating petitions. 13 Section 3. 4. That § 12-5-3.11 be AMENDED: 30 14 12-5-3.11. If a the bylaws of a political party has no prescribed method of 31 15 selection of slates do not prescribe a method of selecting a slate of delegates and 32 16 alternates to its the party's national convention, the slates of delegates and alternates to 33 26.405.21 3 1095 Underscores indicate new language. Overstrikes indicate deleted language. 17 the national convention shall must be elected by the primary. Names of candidates for 1 18 delegates and alternates to the national convention, in number equal to the entire number 2 19 of the delegates and alternates to be selected, shall be 3 20 The number of candidates comprising a slate of delegates and alternates must: 4 21 (1) Equal the number of delegates and alternates required to be selected from the 5 22 state; and 6 23 (2) Be grouped in a slate upon a single nominating petition, under the respective 7 24 designations upon a single nominating petition. 8 25 The nominating petition shall for a slate of delegates and alternates must contain 9 26 a statement indicating the candidates for delegates candidates' collective preference 10 27 choice for President president of the United States, if any, or that the candidates have no 11 28 preference, or that the candidates are uncommitted. No name of any candidate for 12 29 delegate or alternate may be filed in may be listed on the nominating petition of more 13 30 than one slate. 14 31 The nominating petition for a slate of delegates and alternates to a party's national 15 32 convention must be filed with the secretary of state after December thirty first and before 16 33 26.405.22 4 1095 Underscores indicate new language. Overstrikes indicate deleted language. five p.m. central time on the last third Tuesday of March before the date of the primary 1 election. 17 2 Section 4. 5. That § 12-6-4 be AMENDED: 18 3 12-6-4. Except as provided by § 12-5-4 and as may be otherwise provided in 19 4 chapter 12-9, no candidate for any office to be filled, or nomination to be made, at either 20 5 or both the primary or general election, other than a presidential election, may have that 21 6 person's name printed upon the official primary election ballot of that person's party, 22 7 unless a petition has been filed on that person's behalf after December thirty-first and by 23 8 the last Tuesday of March at five p.m. local time before the date of the primary election. 24 9 If the petition is mailed by registered mail by the last Tuesday of March at five p.m. local 25 10 time before the primary election, the petition shall be considered timely submitted. 26 11 A nominating petition for national convention delegates and alternates as provided 27 12 in § 12-5-3.11 shall be filed in accordance with the provisions of this section. Nominating 28 13 petitions for all party and public offices except legislative and judicial offices shall be filed 29 14 in the office of the county auditor of the county in which the person is a candidate. 30 15 Nominating petitions for legislative and judicial office whether elected in one or more 31 16 counties, and all other party and public offices to be voted on in more than one county 32 17 shall be filed in the Office of the Secretary of State. 33 26.405.21 4 1095 Underscores indicate new language. Overstrikes indicate deleted language. 18 Except as otherwise provided by § 12-5-4 and chapter 12-9, a candidate for 1 19 nomination or election to any office, other than a presidential election, may not have the 2 20 candidate's name printed on the official primary election ballot of the candidate's political 3 21 party, unless a petition has been filed on the candidate's behalf after December thirty-4 thirty-22 first, but before five p.m. local time on the second third Tuesday of March before the date of 5 the 23 primary election. 6 A candidate may file a nominating petition by submitting the petition to the officer 7 with whom the petition must be filed, by registered mail, as defined in § 12-1-3. If a 8 candidate files a nominating petition by registered mail, the petition is considered filed if 9 the petition is received by the officer with whom the petition must be filed, on or before 10 March thirty-first. 11 24 A nominating petition must be filed: 12 25 (1) With the secretary of state, for: 13 26 (a) A legislative or judicial office; and 14 27 (b) Any office to be voted on by the voters of more than one county; and 15 28 (2) With the auditor of the county in which the individual is a candidate, for all county 16 29 offices. 17 30 Section 5. 6. That § 12-6-8.1 be AMENDED: 18 31 12-6-8.1. Any person may have his or her name withdrawn candidate may 19 32 withdraw the candidate's name from the primary election by making a written request 20 33 26.405.22 5 1095 Underscores indicate new language. Overstrikes indicate deleted language. under oath. The candidate shall file the request shall be filed with the officer with whom 21 1 the nominating petition was filed pursuant to § 12-6-4, not later than two days after the 22 2 last Tuesday in March at five p.m. If the request is mailed by registered mail not later 23 3 than two days after the last Tuesday in March at five p.m., the request is properly filed. 24 4 No, before five p.m. local time, on the first Thursday after the deadline for filing a 25 5 nominating petition. 26 The candidate may withdraw the candidate's name by submitting the written 27 request to the officer with whom the nominating petition was filed, by registered mail, as 28 defined in § 12-1-3. If the candidate submits a written request to withdraw from the 29 primary by registered mail, the request is properly filed if the request is received by the 30 officer, on or before March thirty-first. 31 6 A name that is withdrawn pursuant to this section may not be printed on the ballots 32 7 to be used at the election. 33 26.405.21 5 1095 Underscores indicate new language. Overstrikes indicate deleted language. 8 Section 6. 7. That § 13-7-6 be AMENDED: 1 9 13-7-6. No candidate for elective school board membership may be nominated 2 10 unless the candidate is a resident voter of the school district and unless the candidate files 3 11 a nominating petition with the business manager of the school district. The candidate must 4 12 file the nominating petition no later than five p.m. on the Tuesday seventy days before 5 13 the date of the election. The petition is considered timely filed if the petition is mailed by 6 14 registered mail by five p.m. on the Tuesday seventy days before the date of the election 7 15 before five p.m. local time, on the second third Tuesday of: 8 16 (1) March, for an election held on the first Tuesday after the first Monday in June; or 9 17 (2) August, for an election held on the first Tuesday after the first Monday in 10 18 November. 11 A candidate may file a nominating petition by sending the petition to the school 12 district's business manager, by registered mail, as defined in § 12-1-3. If a candidate files 13 a nominating petition by registered mail, the petition is considered filed if the petition is 14 received by the business manager on or before March thirty-first, for an election held on 15 the first Tuesday after the first Monday in June or on or before August thirty-first, for an 16 election held on the first Tuesday after the first Monday in November. 17 19 The candidate shall sign a formal declaration of candidacy before the circulation of 18 20 the petition. The petition must be signed by at least twenty voters of the school district or 19 21 if the school district is divided into school board representation areas, the petition must 20 22 be signed by at least twenty voters who reside within the school board representation 21 23 area. A nominating petition may not be circulated more than four months before the 22 24 election. If the election is held on the first Tuesday after the first Monday in June, the 23 25 candidate may not circulate a nominating petition before January first. If the election is 24 26 held on the first Tuesday after the first Monday of November, the candidate may not 25 27 circulate a nominating petition before June first. 26 28 An individual who signs a petition or the petition circulator shall write the 27 29 individual's place of residence and date of signing. The petition circulator must verify the 28 30 petition under oath. 29 31 The business manager shall verify by signature that the candidate is a resident 30 32 voter of the school district and that the nominating petition contains the minimum number 31 33 of signatures. Upon verification by the business manager, the filing of the nominating 32 34 26.405.22 6 1095 Underscores indicate new language. Overstrikes indicate deleted language. petition constitutes nomination and entitles the candidate to have the candidate's name 33 1 placed on the ballot for the term the candidate specifies on the petition. 34 26.405.21 6 1095 Underscores indicate new language. Overstrikes indicate deleted language. 2 Section 7. 8. That § 13-7-7 be AMENDED: 1 3 13-7-7. Any person who has filed a nominating petition pursuant to § 13-7-6 may 2 4 withdraw from nomination by request in writing signed by the person and properly 3 5 acknowledged and filed with the election official of the school district by five p.m. on the 4 6 deadline day for filing nominating petitions. No name withdrawn may be printed on the 5 7 ballots to be used. 6 8 Any candidate who has filed a nominating petition pursuant to § 13-7-6 may 7 9 withdraw from the nomination by making a written request under oath. The candidate 8 10 shall file the request with the school district's business manager. The business manager 9 11 may not print the name of a candidate if the candidate withdraws or dies before five p.m. 10 12 local time on the first Thursday after the deadline for filing a nominating petition. 11 13 If the death or withdrawal of a candidate at any time before the withdrawal 12 14 deadline results in the number of nominating petitions filed for the vacant position to be 13 15 equal to or less than the number of vacancies, the contest may not be placed on the ballot, 14 16 and the business manager shall issue a certificate of election to the unopposed candidate. 15 17 If that contest is the only contest to be voted upon, the business manager must cancel 16 18 the election. 17 19 Section 8. This 9. That § 13-7-10.3 be AMENDED: 20 13-7-10.3. Any other provision of this chapter notwithstanding, the board of a 21 school district shall, in even-numbered years, hold the school board election in conjunction 22 with the regular June primary election or the regular November general election. Expenses 23 of a combined election must be shared in a manner agreed upon by the school board and 24 the boards of county commissioners involved. All other governmental responsibilities 25 associated with holding elections under the provisions of title 12 and this chapter must be 26 shared as agreed upon by the board of the school district and the boards of county 27 commissioners involved. 28 The school election official shall certify to the appropriate county auditors the 29 candidate names and ballot language to be voted on by the Thursday sixty-eight days 30 before the election name of each candidate who has qualified for the ballot and each ballot 31 question to be submitted to the voters, on or before the first Friday after the deadline for 32 filing the nominating petitions. 33 26.405.22 7 1095 Underscores indicate new language. Overstrikes indicate deleted language. Section 10. Whereas, this Act is effective beginning December 1, 2026. 18 necessary for the immediate preservation of the public 1 peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in 2 full force and effect from and after its passage and approval. 3

26.405.22 26.405.23 101st Legislative Session 1095 2026 South Dakota Legislature House Bill 1095 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Reimer Underscores indicate new language. Overstrikes indicate deleted language. An Act to modify provisions pertaining to the submission of a nominating petition petition. 1 and to declare an emergency. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 2 Section 1. That § 9-13-7 be AMENDED: 4 3 9-13-7. No candidate for elective municipal office may be nominated unless the 5 4 candidate files a nominating petition with the municipal finance officer no later than five 6 5 p.m. on the Tuesday seventy days before the date of the election. A petition is considered 7 6 filed if it is mailed by registered mail by five p.m. on the last day to file a petition local 8 7 time, on the third Tuesday of March, for an election held on the first Tuesday after the 9 8 first Monday in June, or before five p.m. local time, on the third Tuesday of August for an 10 9 election held on the first Tuesday after the first Monday in November. 11 10 The petition must be on the form prescribed by the State Board of Elections and 12 11 must contain: 13 12 (1) The name of the candidate; 14 13 (2) The candidate's residential address; 15 14 (3) The candidate's mailing address, if applicable; and 16 15 (4) The office the candidate seeks. 17 16 If an individual who signs a petition lives within a second-class or third-class 18 17 municipality, the individual may give the individual's post office box number in lieu of a 19 18 street address. 20 19 The finance officer may only accept a nominating petition that is on the prescribed 21 20 form and was circulated and submitted pursuant to the provisions of this chapter and 22 21 chapter 12-6. The municipal finance officer or clerk shall verify by signature that the 23 22 nominating petition contains the minimum number of signatures of registered voters 24 23 within the municipality or ward, and that the candidate is a registered voter within the 25 26.405.22 2 1095 Underscores indicate new language. Overstrikes indicate deleted language. 24 municipality or ward. Upon verification, the filing of a nominating petition constitutes 1 25 nomination. 26 26.405.23 2 1095 Underscores indicate new language. Overstrikes indicate deleted language. Section 2. That § 9-13-7.1 be AMENDED: 3 1 9-13-7.1. Any person who has filed a nominating petition pursuant to § 9-13-7 4 2 may withdraw from the nomination by a written request, signed by the person and 5 3 properly acknowledged and filed with the finance officer of the municipality. The name of 6 4 a withdrawn or deceased candidate may not be printed on the ballot if the candidate 7 5 withdraws or dies no later than five p.m. on the deadline day for filing nominating 8 6 petitions. If the withdrawal or death of a candidate occurs at any time prior to five p.m. 9 7 on the deadline day for filing nominating petitions results in there being no contest on the 10 8 ballot, that ballot need not be voted. In addition, if that contest constitutes the only ballot 11 9 to be voted upon, then the election shall be canceled by the official in charge of the election 12 10 and the unopposed candidate shall be issued a certificate of election. 13 11 Any candidate who has filed a nominating petition pursuant to § 9-13-7 may 14 12 withdraw from the nomination by making a written request under oath. The candidate 15 13 shall file the request with the municipal finance officer. The finance officer may not print 16 14 the name of a candidate if the candidate withdraws or dies before five p.m. local time, on 17 15 the first Thursday after the deadline for filing a nominating petition. 18 16 If the death or withdrawal of a candidate at any time before the withdrawal 19 17 deadline results in the number of nominating petitions filed for the vacant position to be 20 18 equal to or less than the number of vacancies, the contest may not be placed on the ballot, 21 19 and the finance officer must issue a certificate of election to the unopposed candidate. If 22 20 that contest is the only contest to be voted upon, the finance officer must cancel the 23 21 election. 24 22 Section 3. That § 9-13-37 be AMENDED: 25 23 9-13-37. Any other provision of this chapter notwithstanding, the governing body 26 24 of a municipality shall, in even-numbered years, hold the general municipal election in 27 25 conjunction with the regular June primary election or the regular November general 28 26 election. The expenses and governmental responsibilities of a combined election must be 29 27 shared in a manner agreed upon by the governing body of the municipality and the board 30 28 of county commissioners involved. 31 29 A nominating petition may not be circulated for signatures more than four months 32 30 before the election before January first, for an election held on the first Tuesday after the 33 26.405.22 3 1095 Underscores indicate new language. Overstrikes indicate deleted language. 31 first Monday in June, or June first, for an election held on the first Tuesday after the first 1 32 Monday in November. 2 33 26.405.23 3 1095 Underscores indicate new language. Overstrikes indicate deleted language. A nominating petition must be filed under the provisions of § 9-13-7 at least 3 1 seventy days before the election before five p.m. local time on: 4 2 (1) The third Tuesday of March, for an election held on the first Tuesday after the first 5 3 Monday in June; or 6 4 (2) The third Tuesday of August, for an election held on the first Tuesday after the first 7 5 Monday in November. 8 6 The finance officer shall certify to the appropriate county auditor the candidate 9 7 names and ballot language to be voted on by the Thursday sixty-eight days before the 10 8 election name of each candidate who has qualified to be on the ballot and each ballot 11 9 question to be submitted to the voters, on or before the first Friday after the deadline for 12 10 filing the nominating petitions. 13 11 Section 4. That § 12-5-3.11 be AMENDED: 14 12 12-5-3.11. If a the bylaws of a political party has no prescribed method of 15 13 selection of slates do not prescribe a method of selecting a slate of delegates and 16 14 alternates to its the party's national convention, the slates of delegates and alternates to 17 15 the national convention shall must be elected by the primary. Names of candidates for 18 16 delegates and alternates to the national convention, in number equal to the entire number 19 17 of the delegates and alternates to be selected, shall be 20 18 The number of candidates comprising a slate of delegates and alternates must: 21 19 (1) Equal the number of delegates and alternates required to be selected from the 22 20 state; and 23 21 (2) Be grouped in a slate upon a single nominating petition, under the respective 24 22 designations upon a single nominating petition. 25 23 The nominating petition shall for a slate of delegates and alternates must contain 26 24 a statement indicating the candidates for delegates candidates' collective preference 27 25 choice for President president of the United States, if any, or that the candidates have no 28 26 preference, or that the candidates are uncommitted. No name of any candidate for 29 27 delegate or alternate may be filed in may be listed on the nominating petition of more 30 28 than one slate. 31 29 The nominating petition for a slate of delegates and alternates to a party's national 32 30 convention must be filed with the secretary of state after December thirty first and before 33 26.405.22 4 1095 Underscores indicate new language. Overstrikes indicate deleted language. 31 five p.m. central time on the third Tuesday of March before the date of the primary 1 32 election. 2 33 26.405.23 4 1095 Underscores indicate new language. Overstrikes indicate deleted language. Section 5. That § 12-6-4 be AMENDED: 3 1 12-6-4. Except as provided by § 12-5-4 and as may be otherwise provided in 4 2 chapter 12-9, no candidate for any office to be filled, or nomination to be made, at either 5 3 or both the primary or general election, other than a presidential election, may have that 6 4 person's name printed upon the official primary election ballot of that person's party, 7 5 unless a petition has been filed on that person's behalf after December thirty-first and by 8 6 the last Tuesday of March at five p.m. local time before the date of the primary election. 9 7 If the petition is mailed by registered mail by the last Tuesday of March at five p.m. local 10 8 time before the primary election, the petition shall be considered timely submitted. 11 9 A nominating petition for national convention delegates and alternates as provided 12 10 in § 12-5-3.11 shall be filed in accordance with the provisions of this section. Nominating 13 11 petitions for all party and public offices except legislative and judicial offices shall be filed 14 12 in the office of the county auditor of the county in which the person is a candidate. 15 13 Nominating petitions for legislative and judicial office whether elected in one or more 16 14 counties, and all other party and public offices to be voted on in more than one county 17 15 shall be filed in the Office of the Secretary of State. 18 16 Except as otherwise provided by § 12-5-4 and chapter 12-9, a candidate for 19 17 nomination or election to any office, other than a presidential election, may not have the 20 18 candidate's name printed on the official primary election ballot of the candidate's political 21 19 party, unless a petition has been filed on the candidate's behalf after December thirty-22 thirty-20 first, but before five p.m. local time on the third Tuesday of March before the date of the 23 21 primary election. 24 22 A nominating petition must be filed: 25 23 (1) With the secretary of state, for: 26 24 (a) A legislative or judicial office; and 27 25 (b) Any office to be voted on by the voters of more than one county; and 28 26 (2) With the auditor of the county in which the individual is a candidate, for all county 29 27 offices. 30 28 Section 6. That § 12-6-8.1 be AMENDED: 31 29 12-6-8.1. Any person may have his or her name withdrawn candidate may 32 30 withdraw the candidate's name from the primary election by making a written request 33 26.405.22 5 1095 Underscores indicate new language. Overstrikes indicate deleted language. 31 under oath. The candidate shall file the request shall be filed with the officer with whom 1 32 the nominating petition was filed pursuant to § 12-6-4, not later than two days after the 2 33 26.405.23 5 1095 Underscores indicate new language. Overstrikes indicate deleted language. last Tuesday in March at five p.m. If the request is mailed by registered mail not later 3 1 than two days after the last Tuesday in March at five p.m., the request is properly filed. 4 2 No, before five p.m. local time, on the first Thursday after the deadline for filing a 5 3 nominating petition. 6 4 A name that is withdrawn pursuant to this section may not be printed on the ballots 7 5 to be used at the election. 8 6 Section 7. That § 13-7-6 be AMENDED: 9 7 13-7-6. No candidate for elective school board membership may be nominated 10 8 unless the candidate is a resident voter of the school district and unless the candidate files 11 9 a nominating petition with the business manager of the school district. The candidate must 12 10 file the nominating petition no later than five p.m. on the Tuesday seventy days before 13 11 the date of the election. The petition is considered timely filed if the petition is mailed by 14 12 registered mail by five p.m. on the Tuesday seventy days before the date of the election 15 13 before five p.m. local time, on the third Tuesday of: 16 14 (1) March, for an election held on the first Tuesday after the first Monday in June; or 17 15 (2) August, for an election held on the first Tuesday after the first Monday in 18 16 November. 19 17 The candidate shall sign a formal declaration of candidacy before the circulation of 20 18 the petition. The petition must be signed by at least twenty voters of the school district or 21 19 if the school district is divided into school board representation areas, the petition must 22 20 be signed by at least twenty voters who reside within the school board representation 23 21 area. A nominating petition may not be circulated more than four months before the 24 22 election. If the election is held on the first Tuesday after the first Monday in June, the 25 23 candidate may not circulate a nominating petition before January first. If the election is 26 24 held on the first Tuesday after the first Monday of November, the candidate may not 27 25 circulate a nominating petition before June first. 28 26 An individual who signs a petition or the petition circulator shall write the 29 27 individual's place of residence and date of signing. The petition circulator must verify the 30 28 petition under oath. 31 29 The business manager shall verify by signature that the candidate is a resident 32 30 voter of the school district and that the nominating petition contains the minimum number 33 31 of signatures. Upon verification by the business manager, the filing of the nominating 34 26.405.22 6 1095 Underscores indicate new language. Overstrikes indicate deleted language. 32 petition constitutes nomination and entitles the candidate to have the candidate's name 1 33 placed on the ballot for the term the candidate specifies on the petition. 2 34 26.405.23 6 1095 Underscores indicate new language. Overstrikes indicate deleted language. Section 8. That § 13-7-7 be AMENDED: 3 1 13-7-7. Any person who has filed a nominating petition pursuant to § 13-7-6 may 4 2 withdraw from nomination by request in writing signed by the person and properly 5 3 acknowledged and filed with the election official of the school district by five p.m. on the 6 4 deadline day for filing nominating petitions. No name withdrawn may be printed on the 7 5 ballots to be used. 8 6 Any candidate who has filed a nominating petition pursuant to § 13-7-6 may 9 7 withdraw from the nomination by making a written request under oath. The candidate 10 8 shall file the request with the school district's business manager. The business manager 11 9 may not print the name of a candidate if the candidate withdraws or dies before five p.m. 12 10 local time on the first Thursday after the deadline for filing a nominating petition. 13 11 If the death or withdrawal of a candidate at any time before the withdrawal 14 12 deadline results in the number of nominating petitions filed for the vacant position to be 15 13 equal to or less than the number of vacancies, the contest may not be placed on the ballot, 16 14 and the business manager shall issue a certificate of election to the unopposed candidate. 17 15 If that contest is the only contest to be voted upon, the business manager must cancel 18 16 the election. 19 17 Section 9. That § 13-7-10.3 be AMENDED: 20 18 13-7-10.3. Any other provision of this chapter notwithstanding, the board of a 21 19 school district shall, in even-numbered years, hold the school board election in conjunction 22 20 with the regular June primary election or the regular November general election. Expenses 23 21 of a combined election must be shared in a manner agreed upon by the school board and 24 22 the boards of county commissioners involved. All other governmental responsibilities 25 23 associated with holding elections under the provisions of title 12 and this chapter must be 26 24 shared as agreed upon by the board of the school district and the boards of county 27 25 commissioners involved. 28 26 The school election official shall certify to the appropriate county auditors the 29 27 candidate names and ballot language to be voted on by the Thursday sixty-eight days 30 28 before the election name of each candidate who has qualified for the ballot and each ballot 31 29 question to be submitted to the voters, on or before the first Friday after the deadline for 32 30 filing the nominating petitions. 33 26.405.22 7 1095 Underscores indicate new language. Overstrikes indicate deleted language. Section 10. Whereas, this Act is necessary for the immediate preservation of the public 1 peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in 2 full force and effect from and after its passage and approval. 3 31

26.405.23 26.405.24 101st Legislative Session 1095 2026 South Dakota Legislature House Bill 1095 HOUSE ENGROSSED Introduced by: Representative Reimer Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to modify provisions pertaining to the submission of a nominating petition. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 9-13-7 be AMENDED: 3 9-13-7. No candidate for elective municipal office may be nominated unless the 4 candidate files a nominating petition with the municipal finance officer no later than five 5 p.m. on the Tuesday seventy days before the date of the election. A petition is considered 6 filed if it is mailed by registered mail by five p.m. on the last day to file a petition local 7 time, on the third Tuesday of March, for an election held on the first Tuesday after the 8 first Monday in June, or before five p.m. local time, on the third Tuesday of August for an 9 election held on the first Tuesday after the first Monday in November. 10 The petition must be on the form prescribed by the State Board of Elections and 11 must contain: 12 (1) The name of the candidate; 13 (2) The candidate's residential address; 14 (3) The candidate's mailing address, if applicable; and 15 (4) The office the candidate seeks. 16 If an individual who signs a petition lives within a second-class or third-class 17 municipality, the individual may give the individual's post office box number in lieu of a 18 street address. 19 The finance officer may only accept a nominating petition that is on the prescribed 20 form and was circulated and submitted pursuant to the provisions of this chapter and 21 chapter 12-6. The municipal finance officer or clerk shall verify by signature that the 22 nominating petition contains the minimum number of signatures of registered voters 23 within the municipality or ward, and that the candidate is a registered voter within the 24 municipality or ward. Upon verification, the filing of a nominating petition constitutes 25 nomination. 26 26.405.23 2 1095 Underscores indicate new language. Overstrikes indicate deleted language. Section 2. That § 9-13-7.1 be AMENDED: 1 26.405.24 2 1095 HB1095 ENROLLED 9-13-7.1. Any person who has filed a nominating petition pursuant to § 9-13-7 2 may withdraw from the nomination by a written request, signed by the person and 3 properly acknowledged and filed with the finance officer of the municipality. The name of 4 a withdrawn or deceased candidate may not be printed on the ballot if the candidate 5 withdraws or dies no later than five p.m. on the deadline day for filing nominating 6 petitions. If the withdrawal or death of a candidate occurs at any time prior to five p.m. 7 on the deadline day for filing nominating petitions results in there being no contest on the 8 ballot, that ballot need not be voted. In addition, if that contest constitutes the only ballot 9 to be voted upon, then the election shall be canceled by the official in charge of the election 10 and the unopposed candidate shall be issued a certificate of election. 11 Any candidate who has filed a nominating petition pursuant to § 9-13-7 may 12 withdraw from the nomination by making a written request under oath. The candidate 13 shall file the request with the municipal finance officer. The finance officer may not print 14 the name of a candidate if the candidate withdraws or dies before five p.m. local time, on 15 the first Thursday after the deadline for filing a nominating petition. 16 If the death or withdrawal of a candidate at any time before the withdrawal 17 deadline results in the number of nominating petitions filed for the vacant position to be 18 equal to or less than the number of vacancies, the contest may not be placed on the ballot, 19 and the finance officer must issue a certificate of election to the unopposed candidate. If 20 that contest is the only contest to be voted upon, the finance officer must cancel the 21 election. 22 Section 3. That § 9-13-37 be AMENDED: 23 9-13-37. Any other provision of this chapter notwithstanding, the governing body 24 of a municipality shall, in even-numbered years, hold the general municipal election in 25 conjunction with the regular June primary election or the regular November general 26 election. The expenses and governmental responsibilities of a combined election must be 27 shared in a manner agreed upon by the governing body of the municipality and the board 28 of county commissioners involved. 29 A nominating petition may not be circulated for signatures more than four months 30 before the election before January first, for an election held on the first Tuesday after the 31 first Monday in June, or June first, for an election held on the first Tuesday after the first 32 Monday in November. 33 26.405.23 3 1095 Underscores indicate new language. Overstrikes indicate deleted language. A nominating petition must be filed under the provisions of § 9-13-7 at least 1 seventy days before the election before five p.m. local time on: 2 (1) The third Tuesday of March, for an election held on the first Tuesday after the first 3 Monday in June; or 4 (2) The third Tuesday of August, for an election held on the first Tuesday after the first 5 Monday in November. 6 The finance officer shall certify to the appropriate county auditor the candidate 7 names and ballot language to be voted on by the Thursday sixty-eight days before the 8 election name of each candidate who has qualified to be on the ballot and each ballot 9 question to be submitted to the voters, on or before the first Friday after the deadline for 10 filing the nominating petitions. 11 Section 4. That § 12-5-3.11 be AMENDED: 12 26.405.24 3 1095 HB1095 ENROLLED 12-5-3.11. If a the bylaws of a political party has no prescribed method of 13 selection of slates do not prescribe a method of selecting a slate of delegates and 14 alternates to its the party's national convention, the slates of delegates and alternates to 15 the national convention shall must be elected by the primary. Names of candidates for 16 delegates and alternates to the national convention, in number equal to the entire number 17 of the delegates and alternates to be selected, shall be 18 The number of candidates comprising a slate of delegates and alternates must: 19 (1) Equal the number of delegates and alternates required to be selected from the 20 state; and 21 (2) Be grouped in a slate upon a single nominating petition, under the respective 22 designations upon a single nominating petition. 23 designations. The nominating petition shall for a slate of delegates and alternates must contain 24 a statement indicating the candidates for delegates candidates' collective preference 25 choice for President president of the United States, if any, or that the candidates have no 26 preference, or that the candidates are uncommitted. No name of any candidate for 27 delegate or alternate may be filed in may be listed on the nominating petition of more 28 than one slate. 29 The nominating petition for a slate of delegates and alternates to a party's national 30 convention must be filed with the secretary of state after December thirty first thirty-first and before 31 five p.m. central time on the third Tuesday of March before the date of the primary 32 election. 33 26.405.23 4 1095 Underscores indicate new language. Overstrikes indicate deleted language. Section 5. That § 12-6-4 be AMENDED: 1 12-6-4. Except as provided by § 12-5-4 and as may be otherwise provided in 2 chapter 12-9, no candidate for any office to be filled, or nomination to be made, at either 3 or both the primary or general election, other than a presidential election, may have that 4 person's name printed upon the official primary election ballot of that person's party, 5 unless a petition has been filed on that person's behalf after December thirty-first and by 6 the last Tuesday of March at five p.m. local time before the date of the primary election. 7 If the petition is mailed by registered mail by the last Tuesday of March at five p.m. local 8 time before the primary election, the petition shall be considered timely submitted. 9 A nominating petition for national convention delegates and alternates as provided 10 in § 12-5-3.11 shall be filed in accordance with the provisions of this section. Nominating 11 petitions for all party and public offices except legislative and judicial offices shall be filed 12 in the office of the county auditor of the county in which the person is a candidate. 13 Nominating petitions for legislative and judicial office whether elected in one or more 14 counties, and all other party and public offices to be voted on in more than one county 15 shall be filed in the Office of the Secretary of State. 16 Except as otherwise provided by § 12-5-4 and chapter 12-9, a candidate for 17 nomination or election to any office, other than a presidential election, may not have the 18 candidate's name printed on the official primary election ballot of the candidate's political 19 party, unless a petition has been filed on the candidate's behalf after December thirty-20 first, thirty-first, but before five p.m. local time on the third Tuesday of March before the date of the 21 primary election. 22 A nominating petition must be filed: 23 (1) With the secretary of state, for: 24 (a) A legislative or judicial office; and 25 (b) Any office to be voted on by the voters of more than one county; and 26 (2) With the auditor of the county in which the individual is a candidate, for all county 27 offices. 28 Section 6. That § 12-6-8.1 be AMENDED: 29 12-6-8.1. Any person may have his or her name withdrawn candidate may 30 withdraw the candidate's name from the primary election by making a written request 31 under oath. The candidate shall file the request shall be filed with 26.405.24 4 1095 HB1095 ENROLLED the officer with whom 32 the nominating petition was filed pursuant to § 12-6-4, not later than two days after the 33 26.405.23 5 1095 Underscores indicate new language. Overstrikes indicate deleted language. last Tuesday in March at five p.m. If the request is mailed by registered mail not later 1 than two days after the last Tuesday in March at five p.m., the request is properly filed. 2 No, before five p.m. local time, on the first Thursday after the deadline for filing a 3 nominating petition. 4 A name that is withdrawn pursuant to this section may not be printed on the ballots 5 to be used at the election. 6 Section 7. That § 13-7-6 be AMENDED: 7 13-7-6. No candidate for elective school board membership may be nominated 8 unless the candidate is a resident voter of the school district and unless the candidate files 9 a nominating petition with the business manager of the school district. The candidate must 10 file the nominating petition no later than five p.m. on the Tuesday seventy days before 11 the date of the election. The petition is considered timely filed if the petition is mailed by 12 registered mail by five p.m. on the Tuesday seventy days before the date of the election 13 before five p.m. local time, on the third Tuesday of: 14 (1) March, for an election held on the first Tuesday after the first Monday in June; or 15 (2) August, for an election held on the first Tuesday after the first Monday in 16 November. 17 The candidate shall sign a formal declaration of candidacy before the circulation of 18 the petition. The petition must be signed by at least twenty voters of the school district or 19 if the school district is divided into school board representation areas, the petition must 20 be signed by at least twenty voters who reside within the school board representation 21 area. A nominating petition may not be circulated more than four months before the 22 election. If the election is held on the first Tuesday after the first Monday in June, the 23 candidate may not circulate a nominating petition before January first. If the election is 24 held on the first Tuesday after the first Monday of November, the candidate may not 25 circulate a nominating petition before June first. 26 An individual who signs a petition or the petition circulator shall write the 27 individual's place of residence and date of signing. The petition circulator must verify the 28 petition under oath. 29 The business manager shall verify by signature that the candidate is a resident 30 voter of the school district and that the nominating petition contains the minimum number 31 of signatures. Upon verification by the business manager, the filing of the nominating 32 petition constitutes nomination and entitles the candidate to have the candidate's name 33 placed on the ballot for the term the candidate specifies on the petition. 34 26.405.23 6 1095 Underscores indicate new language. Overstrikes indicate deleted language. Section 8. That § 13-7-7 be AMENDED: 1 13-7-7. Any person who has filed a nominating petition pursuant to § 13-7-6 may 2 withdraw from nomination by request in writing signed by the person and properly 3 acknowledged and filed with the election official of the school district by five p.m. on the 4 deadline day for filing nominating petitions. No name withdrawn may be printed on the 5 ballots to be used. 6 Any candidate who has filed a nominating petition pursuant to § 13-7-6 may 7 withdraw from the nomination by making a written request under oath. The candidate 8 shall file the request with the school district's business manager. The business manager 9 26.405.24 5 1095 HB1095 ENROLLED may not print the name of a candidate if the candidate withdraws or dies before five p.m. 10 local time on the first Thursday after the deadline for filing a nominating petition. 11 If the death or withdrawal of a candidate at any time before the withdrawal 12 deadline results in the number of nominating petitions filed for the vacant position to be 13 equal to or less than the number of vacancies, the contest may not be placed on the ballot, 14 and the business manager shall issue a certificate of election to the unopposed candidate. 15 If that contest is the only contest to be voted upon, the business manager must cancel 16 the election. 17 Section 9. That § 13-7-10.3 be AMENDED: 18 13-7-10.3. Any other provision of this chapter notwithstanding, the board of a 19 school district shall, in even-numbered years, hold the school board election in conjunction 20 with the regular June primary election or the regular November general election. Expenses 21 of a combined election must be shared in a manner agreed upon by the school board and 22 the boards of county commissioners involved. All other governmental responsibilities 23 associated with holding elections under the provisions of title 12 and this chapter must be 24 shared as agreed upon by the board of the school district and the boards of county 25 commissioners involved. 26 The school election official shall certify to the appropriate county auditors the 27 candidate names and ballot language to be voted on by the Thursday sixty-eight days 28 before the election name of each candidate who has qualified for the ballot and each ballot 29 question to be submitted to the voters, on or before the first Friday after the deadline for 30 filing the nominating petitions. 31 26.405.24 6 1095 HB1095 ENROLLED An Act to modify provisions pertaining to the submission of a nominating petition. I certify that the attached Act originated in the: House as Bill No. 1095 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1095 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State