Changes to Existing Law

26.613.10 26.613.11 101st Legislative Session 101 2026 South Dakota Legislature Senate Bill 101 SENATE STATE AFFAIRS ENGROSSED Introduced by: Senator Hulse Underscores indicate new language. Overstrikes indicate deleted language. An Act to amend provisions pertaining to the duties of presidential electors. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 12-24-1 be AMENDED: 3 12-24-1. Each elector of President and vice president of the United States shall, 4 before the hour of eleven o'clock in the morning of the day fixed by the act of Congress 5 to elect a President and vice president, give notice to the Governor that he is at the seat 6 of government and ready at the proper time to perform the duties of an elector; and the 7 Governor shall forthwith deliver to the electors present a certificate of all the names of the 8 electors. 9 Before eleven a.m. central time on the day designated by Congress for the election 10 of the president and vice president of the United States, each presidential elector shall 11 notify the Governor that the elector is: 12 (1) At the seat of government; and 13 (2) Ready to perform the duties of a presidential elector. 14 Upon receipt of the notice, the Governor shall deliver to the electors present a 15 certificate listing the names of the presidential electors. 16 Section 2. That § 12-24-2 be AMENDED: 17 12-24-2. If a vacancy occurs before the day of the meeting of the electors, the 18 state 18 chairperson of the political party that nominated the elector must immediately select provide a list of 19 replacement up to three alternative electors who are available to be present at the meeting of the 20 electors, from which the remaining electors must consider and file vote for one alternative 21 elector to fill the selection with the secretary of state. 20 vacant elector position. 22 If any an elector named in the Governor's certificate fails to appear before nine 21 23 o'clock in the morning of the day of election of President and vice president as aforesaid, 22 24 the electors there present shall immediately proceed to elect by ballot, in the presence of 23 25 26.613.11 2 101 Underscores indicate new language. Overstrikes indicate deleted language. the Governor, a person to fill such a.m. central time on the day designated by Congress 24 1 for the election of the president and vice president of the United States, the electors 25 26.613.10 2 101 Underscores indicate new language. Overstrikes indicate deleted language. present must immediately elect, by ballot, an individual to fill the vacancy. If more than 1 3 one person voted for to fill such vacancy shall have the highest and individual receives an 2 4 equal number of votes, the Governor, in the presence of the electors attending, shall 3 5 decide by lot which of such persons shall be elected must, in the presence of the remaining 4 6 electors, name one of the individuals receiving an equal number of votes to fill the 5 7 vacancy. If the Governor is not present or is one of the remaining electors, the secretary 6 8 of state must name one of the individuals receiving an equal number of votes to fill the 7 9 vacancy. 8 10 If two electors named in the Governor's certificate fail to appear before nine a.m. 9 11 central time on the day designated by Congress for the election of the president and vice 10 12 president of the United States, the Governor, or in the absence of the Governor, the 11 13 secretary of state, must immediately appoint an elector. Upon appointment, the electors 12 14 must immediately elect, by ballot, an individual to fill the remaining vacancy, in 13 15 accordance with this section. 14 16 If no electors named in the Governor's certificate appear before nine a.m. central 15 17 time on the day designated by Congress for the election of the president and vice president 16 18 of the United States, the Governor, or in the absence of the Governor, the secretary of 17 19 state, must immediately appoint an elector. Upon appointment, the elector must 18 20 immediately appoint a second elector. Upon appointment of the second elector, the 19 21 electors must immediately elect, by ballot, an individual to fill the remaining vacancy, in 20 22 accordance with this section. 21 23 Section 3. That § 12-24-3 be AMENDED: 22 24 12-24-3. Immediately after such the choice of elector is made, the name of the 23 25 person so chosen shall forthwith individual chosen to fill the vacancy must be certified to 24 26 the Governor by the electors making such the choice; and the. The Governor shall cause 25 27 notice to be immediately given, in writing, to the elector individual chosen to fill such the 26 28 vacancy; and the person so chosen shall be an elector and. If the Governor is not present, 27 29 the secretary of state shall notify the individual chosen to fill the vacancy. 28 30 The individual chosen to fill the vacancy shall meet the other electors at the same 29 31 time and place, and then and there discharge all and singular set forth in § 12-24-1 to 30 32 discharge the duties enjoined upon him the individual as an elector, by the Constitution 31 33 and laws of the United States and of this state. 32 Section 4. That § 12-24-4 be AMENDED: 33 26.613.10 34 26.613.11 3 101 Underscores indicate new language. Overstrikes indicate deleted language. Section 4. That § 12-24-4 be AMENDED: 1 12-24-4. The electors of President and vice president shall, at twelve noon on the 1 2 day which is or may be directed by the Congress of the United States, meet at the seat of 2 3 government of this state and then and there perform the duties enjoined upon them by 3 4 the Constitution and laws of the United States. 4 5 At twelve p.m. central time on the day designated by Congress for the election of 5 6 the president and vice president of the United States, the presidential electors shall meet 6 7 at the seat of government of this state and perform the duties enjoined upon them by the 7 8 Constitution and laws of the United States. 8 9 Except as provided in section 8 of this Act, each presidential elector shall vote for 9 10 the candidates for the office of president and vice president of the United States whose 10 11 slate of electors received the highest number of votes at the state's general election. 11 12 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 12: 12 13 Each presidential elector nominated pursuant to § 12-5-21 shall execute the 13 14 following pledge upon nomination: "If selected for the position of presidential elector, I 14 15 agree to serve and to mark my ballots for the candidates nominated for the offices of 15 16 president and vice president of the United States, by the party that nominated me to the 16 17 office of presidential elector." The executed pledges must accompany the submission of 17 18 the corresponding names to the secretary of state. 18 19 Each presidential elector of an unaffiliated or independent presidential candidate 19 20 shall execute the following pledge upon nomination: "If selected for the position of 20 21 presidential elector for an unaffiliated or independent presidential candidate, I agree to 21 22 serve and to mark my ballots for that candidate and for that candidate's vice-presidential 22 23 running mate." The executed pledges must accompany the submission of the 23 24 corresponding names to the secretary of state. 24 25 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 12: 25 26 At least six days before the day designated by Congress for the election of the 26 27 president and vice president of the United States, the Governor shall issue a certificate of 27 28 ascertainment of appointment. The Governor shall certify the names of the individuals 28 29 chosen at the general election to be electors and that the individuals chosen are to serve 29 30 as electors unless a vacancy occurs, pursuant to section 6 7 of this Act. 30 31 26.613.11 4 101 Underscores indicate new language. Overstrikes indicate deleted language. If a vacancy occurs in the office of elector after the Governor issues the certificate 31 1 of ascertainment, a replacement elector must be selected pursuant to § 12-24-2. Upon 32 2 the selection of a replacement elector, the Governor must immediately create and submit 33 26.613.10 4 101 Underscores indicate new language. Overstrikes indicate deleted language. 3 a new certificate of ascertainment stating the names of the final list of the state's electors 1 4 in accordance with 3 U.S.C. § 5 (January 1, 2026). If the Governor is not present, the 2 5 secretary of state must immediately create and submit the new certificate of 3 6 ascertainment. 4 7 Any final certificate of vote must be signed by each elector on the final list and 5 8 must be immediately transmitted with the final certificate of ascertainment pursuant to 3 6 9 U.S.C. §§ 9 to 11, inclusive (January 1, 2026). 7 10 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 12: 8 11 The office of presidential elector becomes vacant if the elector: 9 12 (1) Dies; 10 13 (2) Resigns; 11 14 (3) Fails to qualify, as provided by law; 12 15 (4) Fails to appear at the designated time and place of the meeting; 13 16 (5) Refuses to vote; 14 17 (6) Attempts to cast a blank ballot; or 15 18 (7) Except as provided for in section 8 of this Act, attempts to vote for any candidate 16 19 other than the candidate whose slate of electors received the highest number of 17 20 votes in the state's general election. 18 21 If a presidential elector casts a ballot that results in the office of elector becoming 19 22 vacant, the ballot may not be accepted or counted. An elector may resign the office of 20 23 presidential elector by submitting a letter of resignation to the secretary of state. 21 24 Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 12: 22 25 If, between the date of the general election and the date designated by Congress 23 26 for the election of the president and vice president of the United States, the candidate for 24 27 the president or vice president whose slate of electors received the highest number of 25 28 votes in the state's general election withdraws, dies, or, because of a permanent disability, 26 29 becomes unable to discharge the powers and duties of the office to which the candidate 27 30 is elected, each presidential elector from this state must vote for the replacement 28 31 candidate nominated according to the bylaws of the party to which the previous candidate 29 32 belonged. 30 26.613.10 33 26.613.11 5 101 Underscores indicate new language. Overstrikes indicate deleted language. Section 9. Pursuant to § 2-16-9, the code counsel of the Legislative Research Council shall 1 transfer chapter 12-24 as follows: § 12-24-1 to § 12-24A-3; § 12-24-2 to § 12-24A-5; 12-2 24-3 to § 12-24A-6; § 12-24-4 to § 12-24A-7; § 12-24-5 to § 12-24A-9. 3 Section 10. Pursuant to § 2-16-9, the Code Commission and code counsel of the Legislative 4 Research Council shall correct and integrate all cross references from chapter 12-24 that have 5 been transferred pursuant to this Act. 6

26.613.11 26.613.12 101st Legislative Session 101 2026 South Dakota Legislature Senate Bill 101 SENATE STATE AFFAIRS ENGROSSED Introduced by: Senator Hulse Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to amend provisions pertaining to the duties of presidential electors. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 12-24-1 be AMENDED: 3 12-24-1. Each elector of President and vice president of the United States shall, 4 before the hour of eleven o'clock in the morning of the day fixed by the act of Congress 5 to elect a President and vice president, give notice to the Governor that he is at the seat 6 of government and ready at the proper time to perform the duties of an elector; and the 7 Governor shall forthwith deliver to the electors present a certificate of all the names of the 8 electors. 9 Before eleven a.m. central time on the day designated by Congress for the election 10 of the president and vice president of the United States, each presidential elector shall 11 notify the Governor that the elector is: 12 (1) At the seat of government; and 13 (2) Ready to perform the duties of a presidential elector. 14 Upon receipt of the notice, the Governor shall deliver to the electors present a 15 certificate listing the names of the presidential electors. 16 Section 2. That § 12-24-2 be AMENDED: 17 12-24-2. If a vacancy occurs before the day of the meeting of the electors, the 18 state chairperson of the political party that nominated the elector must provide a list of 19 up to three alternative electors who are available to be present at the meeting of the 20 electors, from which the remaining electors must consider and vote for one alternative 21 elector to fill the vacant elector position. 22 If any an elector named in the Governor's certificate fails to appear before nine 23 o'clock in the morning of the day of election of President and vice president as aforesaid, 24 the electors there present shall immediately proceed to elect by ballot, in the presence of 25 26.613.11 2 101 Underscores indicate new language. Overstrikes indicate deleted language. the Governor, a person to fill such a.m. central time on the day designated by Congress 1 for the election of the president and vice president of the United States, the electors 2 present must immediately elect, by ballot, an individual to fill the vacancy. If more than 3 one person voted for to fill such vacancy shall have the highest and individual receives an 4 equal number of votes, the Governor, in the presence of the electors attending, shall 5 decide by lot which of such persons shall be elected Governor must, in the presence of the remaining 6 electors, name one of the individuals receiving an equal number of votes to fill the 7 vacancy. If the Governor is not present or is one of the remaining electors, the secretary 8 of state must name one of the individuals receiving an equal number of votes to fill the 9 vacancy. 10 26.613.12 2 101 SB101 ENROLLED If two electors named in the Governor's certificate fail to appear before nine a.m. 11 central time on the day designated by Congress for the election of the president and vice 12 president of the United States, the Governor, or in the absence of the Governor, the 13 secretary of state, must immediately appoint an elector. Upon appointment, the electors 14 must immediately elect, by ballot, an individual to fill the remaining vacancy, in 15 accordance with this section. 16 If no electors named in the Governor's certificate appear before nine a.m. central 17 time on the day designated by Congress for the election of the president and vice president 18 of the United States, the Governor, or in the absence of the Governor, the secretary of 19 state, must immediately appoint an elector. Upon appointment, the elector must 20 immediately appoint a second elector. Upon appointment of the second elector, the 21 electors must immediately elect, by ballot, an individual to fill the remaining vacancy, in 22 accordance with this section. 23 Section 3. That § 12-24-3 be AMENDED: 24 12-24-3. Immediately after such the choice of elector is made, the name of the 25 person so chosen shall forthwith individual chosen to fill the vacancy must be certified to 26 the Governor by the electors making such the choice; and the. choice. The Governor shall cause 27 notice to be immediately given, in writing, to the elector individual chosen to fill such the 28 vacancy; and the person so chosen shall be an elector and. vacancy. If the Governor is not present, 29 the secretary of state shall notify the individual chosen to fill the vacancy. 30 The individual chosen to fill the vacancy shall meet the other electors at the same 31 time and place, and then and there discharge all and singular place set forth in § 12-24-1 to 32 discharge the duties enjoined upon him the individual as an elector, by the Constitution 33 and laws of the United States and of this state. 34 26.613.11 3 101 Underscores indicate new language. Overstrikes indicate deleted language. Section 4. That § 12-24-4 be AMENDED: 1 12-24-4. The electors of President and vice president shall, at twelve noon on the 2 day which is or may be directed by the Congress of the United States, meet at the seat of 3 government of this state and then and there perform the duties enjoined upon them by 4 the Constitution and laws of the United States. 5 At twelve p.m. central time on the day designated by Congress for the election of 6 the president and vice president of the United States, the presidential electors shall meet 7 at the seat of government of this state and perform the duties enjoined upon them by the 8 Constitution and laws of the United States. 9 Except as provided in section 8 of this Act, each presidential elector shall vote for 10 the candidates for the office of president and vice president of the United States whose 11 slate of electors received the highest number of votes at the state's general election. 12 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 12: 13 26.613.12 3 101 SB101 ENROLLED Each presidential elector nominated pursuant to § 12-5-21 shall execute the 14 following pledge upon nomination: "If selected for the position of presidential elector, I 15 agree to serve and to mark my ballots for the candidates nominated for the offices of 16 president and vice president of the United States, by the party that nominated me to the 17 office of presidential elector." The executed pledges must accompany the submission of 18 the corresponding names to the secretary of state. 19 Each presidential elector of an unaffiliated or independent presidential candidate 20 shall execute the following pledge upon nomination: "If selected for the position of 21 presidential elector for an unaffiliated or independent presidential candidate, I agree to 22 serve and to mark my ballots for that candidate and for that candidate's vice-presidential 23 running mate." The executed pledges must accompany the submission of the 24 corresponding names to the secretary of state. 25 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 12: 26 At least six days before the day designated by Congress for the election of the 27 president and vice president of the United States, the Governor shall issue a certificate of 28 ascertainment of appointment. The Governor shall certify the names of the individuals 29 chosen at the general election to be electors and that the individuals chosen are to serve 30 as electors unless a vacancy occurs, pursuant to section 7 of this Act. 31 26.613.11 4 101 Underscores indicate new language. Overstrikes indicate deleted language. If a vacancy occurs in the office of elector after the Governor issues the certificate 1 of ascertainment, a replacement elector must be selected pursuant to § 12-24-2. Upon 2 the selection of a replacement elector, the Governor must immediately create and submit 3 a new certificate of ascertainment stating the names of the final list of the state's electors 4 in accordance with 3 U.S.C. § 5 (January 1, 2026). If the Governor is not present, the 5 secretary of state must immediately create and submit the new certificate of 6 ascertainment. 7 Any final certificate of vote must be signed by each elector on the final list and 8 must be immediately transmitted with the final certificate of ascertainment pursuant to 3 9 U.S.C. §§ 9 to 11, inclusive (January 1, 2026). 10 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 12: 11 The office of presidential elector becomes vacant if the elector: 12 (1) Dies; 13 (2) Resigns; 14 (3) Fails to qualify, as provided by law; 15 26.613.12 4 101 SB101 ENROLLED (4) Fails to appear at the designated time and place of the meeting; 16 (5) Refuses to vote; 17 (6) Attempts to cast a blank ballot; or 18 (7) Except as provided for in section 8 of this Act, attempts to vote for any candidate 19 other than the candidate whose slate of electors received the highest number of 20 votes in the state's general election. 21 If a presidential elector casts a ballot that results in the office of elector becoming 22 vacant, the ballot may not be accepted or counted. An elector may resign the office of 23 presidential elector by submitting a letter of resignation to the secretary of state. 24 Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 12: 25 If, between the date of the general election and the date designated by Congress 26 for the election of the president and vice president of the United States, the candidate for 27 the president or vice president whose slate of electors received the highest number of 28 votes in the state's general election withdraws, dies, or, because of a permanent disability, 29 becomes unable to discharge the powers and duties of the office to which the candidate 30 is elected, each presidential elector from this state must vote for the replacement 31 candidate nominated according to the bylaws of the party to which the previous candidate 32 belonged. 33 26.613.11 5 101 Underscores indicate new language. Overstrikes indicate deleted language. Section 9. Pursuant to § 2-16-9, the code counsel of the Legislative Research Council shall 1 transfer chapter 12-24 as follows: § 12-24-1 to § 12-24A-3; § 12-24-2 to § 12-24A-5; 12-2 24-3 12-24-3 to § 12-24A-6; § 12-24-4 to § 12-24A-7; § 12-24-5 to § 12-24A-9. 3 Section 10. Pursuant to § 2-16-9, the Code Commission and code counsel of the Legislative 4 Research Council shall correct and integrate all cross references from chapter 12-24 that have 5 been transferred pursuant to this Act. 6 26.613.12 5 101 SB101 ENROLLED An Act to amend provisions pertaining to the duties of presidential electors. I certify that the attached Act originated in the: Senate as Bill No. 101 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 101 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