SB 101 updates South Dakota's rules for presidential electors by requiring them to notify the Governor before 11 a.m. on Election Day that they're present and ready to serve. The bill also clarifies the process for filling vacant elector positions: if a party-nominated elector doesn't show up by 9 a.m., the remaining electors must vote to fill the vacancy from alternatives suggested by the political party, with the Governor (or Secretary of State) breaking any ties.
The amendment substantially revises South Dakota's presidential elector vacancy procedures by changing the process for filling vacancies: when a vacancy occurs before the meeting, the state party chairperson must now provide a list of up to three alternative electors for the remaining electors to vote on (rather than immediately selecting a single replacement), and it adds new provisions for handling situations where multiple electors fail to appear. This STRENGTHENS the bill's original purpose by making the vacancy-filling process more deliberative and distributed among electors rather than concentrated in a single party official's hands.
The amendment modernizes the language of South Dakota's presidential elector statutes by replacing archaic phrasing with contemporary terminology (e.g., "person" becomes "individual," "forthwith" becomes "must," and "nine o'clock in the morning" becomes "nine a.m. central time") while clarifying procedural details such as giving the secretary of state an explicit role when the Governor is absent during elector vacancy appointments. This change NARROWS the bill's effect by making the existing law clearer and more precise rather than substantively altering the duties of presidential electors.
Signed by the Governor S.J. 474
Delivered to the Governor S.J. 455
Signed by the Speaker H.J. 493
Signed by the President S.J. 434
House of Representatives Do Pass Amended Passed, YEAS 66, NAYS 0. H.J. 461
State Affairs Do Pass Passed, YEAS 12, NAYS 0.
State Affairs Scheduled for hearing
House of Representatives Referred to House State Affairs H.J. 194
First Reading House H.J. 182
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 131
State Affairs Certified uncontested, placed on consent S.J. 7
State Affairs Do Pass Amended Passed, YEAS 8, NAYS 0. S.J. 7
State Affairs Motion to amend S.J. 7
State Affairs Scheduled for hearing S.J. 1
First read in Senate and referred to Senate State Affairs S.J. 66
Prime sponsor · Sen.
R
Prime sponsor · Rep.
R
Do Pass Amended
State Affairs — Do Pass
Do Pass Amended
State Affairs — Do Pass Amended