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 rewrites the presidential elector vacancy procedures to require the political party chairperson to provide a list of up to three alternative candidates for the remaining electors to vote on, rather than unilaterally selecting a replacement, and clarifies procedural language throughout regarding notification timelines and the Governor's role in tie-breaking scenarios. This NARROWS the bill by reducing the party chairperson's unilateral appointment power and placing greater control in the hands of sitting electors.
This amendment modernizes the language of South Dakota's presidential elector statutes by replacing outdated phrasing with clearer, contemporary language—for example, changing "before the hour of eleven o'clock in the morning" to "before eleven a.m. central time"—while also clarifying the procedures for filling vacant elector positions and specifying that the secretary of state can act when the Governor is absent. The changes STRENGTHEN the bill by making the elector selection process more explicit and functional, particularly in scenarios where multiple electors fail to appear.
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