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26.405.24 101st Legislative Session 1095
2026 South Dakota Legislature
House Bill 1095
ENROLLED
AN ACT
ENTITLED An Act to modify provisions pertaining to the submission of a nominating
petition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-13-7 be AMENDED:
9-13-7. No candidate for elective municipal office may be nominated unless the
candidate files a nominating petition with the municipal finance officer no later than five
p.m. local time, on the third Tuesday of March, for an election held on the first Tuesday
after the first Monday in June, or before five p.m. local time, on the third Tuesday of
August for an election held on the first Tuesday after the first Monday in November.
The petition must be on the form prescribed by the State Board of Elections and
must contain:
(1) The name of the candidate;
(2) The candidate's residential address;
(3) The candidate's mailing address, if applicable; and
(4) The office the candidate seeks.
If an individual who signs a petition lives within a second -class or third -class
municipality, the individual may give the individual's post office box number in lieu of a
street address.
The finance officer may only accept a nominating petition that is on the prescribed
form and was circulated and submitted pursuant to the provisions of this chapter and
chapter 12-6. The municipal finance officer or clerk shall verify by signature that the
nominating petition contains the minimum number of signatures of registered voters
within the municipality or ward, and that the candidate is a registered voter within the
municipality or ward. Upon verification, the filing of a nominating petition constitutes
nomination.
Section 2. That § 9-13-7.1 be AMENDED:
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9-13-7.1. Any candidate who has filed a nominating petition pursuant to § 9-13-
7 may withdraw from the nomination by making a written request under oath. The
candidate shall file the request with the municipal finance officer. The finance officer may
not print the name of a candidate if the candidate withdraws or dies before five p.m. local
time, on the first Thursday after the deadline for filing a nominating petition.
If the death or withdrawal of a candidate at any time before the withdrawal
deadline results in the number of nominating petitions filed for the vacant position to be
equal to or less than the number of vacancies, the contest may not be placed on the ballot,
and the finance officer must issue a certificate of election to the unopposed candidate. If
that contest is the only contest to be voted upon, the finance officer must cancel the
election.
Section 3. That § 9-13-37 be AMENDED:
9-13-37. Any other provision of this chapter notwithstanding, the governing body
of a municipality shall, in even -numbered years, hold the general municipal election in
conjunction with the regular June primary election or the regular November general
election. The expenses and governmental responsibilities of a combined election must be
shared in a manner agreed upon by the governing body of the municipality and the board
of county commissioners involved.
A nominating petition may not be circulated for signatures before January first, for
an election held on the first Tuesday after the first Monday in June, or June first, for an
election held on the first Tuesday after the first Monday in November.
A nominating petition must be filed under the provisions of § 9-13-7 before five
p.m. local time on:
(1) The third Tuesday of March, for an election held on the first Tuesday after the first
Monday in June; or
(2) The third Tuesday of August, for an election held on the first Tuesday after the first
Monday in November.
The finance officer shall certify to the appropriate county auditor the name of each
candidate who has qualified to be on the ballot and each ballot question to be submitted
to the voters, on or before the first Friday after the deadline for filing the nom inating
petitions.
Section 4. That § 12-5-3.11 be AMENDED:
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12-5-3.11. If the bylaws of a political party do not prescribe a method of selecting
a slate of delegates and alternates to the party's national convention, the slates of
delegates and alternates to the national convention must be elected by the primary.
The number of candidates comprising a slate of delegates and alternates must:
(1) Equal the number of delegates and alternates required to be selected from the
state; and
(2) Be grouped upon a single nominating petition, under the respective designations.
The nominating petition for a slate of delegates and alternates must contain a
statement indicating the candidates' collective preference choice for president of the
United States, that the candidates have no preference, or that the candidates are
uncommitted. No candidate may be listed on the nominating petition of more than one
slate.
The nominating petition for a slate of delegates and alternates to a party's national
convention must be filed with the secretary of state after December thirty-first and before
five p.m. central time on the third Tuesday of March before the date of the pr imary
election.
Section 5. That § 12-6-4 be AMENDED:
12-6-4. Except as otherwise provided by § 12-5-4 and chapter 12-9, a candidate
for nomination or election to any office, other than a presidential election, may not have
the candidate's name printed on the official primary election ballot of the candidate's
political party, unless a petition has been filed on the candid ate's behalf after December
thirty-first, but before five p.m. local time on the third Tuesday of March before the date
of the primary election.
A nominating petition must be filed:
(1) With the secretary of state, for:
(a) A legislative or judicial office; and
(b) Any office to be voted on by the voters of more than one county; and
(2) With the auditor of the county in which the individual is a candidate, for all county
offices.
Section 6. That § 12-6-8.1 be AMENDED:
12-6-8.1. Any candidate may withdraw the candidate's name from the primary
election by making a written request under oath. The candidate shall file the request with
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the officer with whom the nominating petition was filed pursuant to § 12-6-4, before five
p.m. local time, on the first Thursday after the deadline for filing a nominating petition.
A name withdrawn pursuant to this section may not be printed on the ballots to be
used at the election.
Section 7. That § 13-7-6 be AMENDED:
13-7-6. No candidate for elective school board membership may be nominated
unless the candidate is a resident voter of the school district and unless the candidate files
a nominating petition with the business manager of the school district. The candidate must
file the nominating petition before five p.m. local time, on the third Tuesday of:
(1) March, for an election held on the first Tuesday after the first Monday in June; or
(2) August, for an election held on the first Tuesday after the first Monday in
November.
The candidate shall sign a formal declaration of candidacy before the circulation of
the petition. The petition must be signed by at least twenty voters of the school district or
if the school district is divided into school board representation areas, the petition must
be signed by at least twenty voters who reside within the school board representation
area. If the election is held on the first Tuesday after the first Monday in June, the
candidate may not circulate a nominating petition before January fir st. If the election is
held on the first Tuesday after the first Monday of November, the candidate may not
circulate a nominating petition before June first.
An individual who signs a petition or the petition circulator shall write the
individual's place of residence and date of signing. The petition circulator must verify the
petition under oath.
The business manager shall verify by signature that the candidate is a resident
voter of the school district and that the nominating petition contains the minimum number
of signatures. Upon verification by the business manager, the filing of the nominating
petition constitutes nomination and entitles the candidate to have the candidate's name
placed on the ballot for the term the candidate specifies on the petition.
Section 8. That § 13-7-7 be AMENDED:
13-7-7. Any candidate who has filed a nominating petition pursuant to § 13-7-6
may withdraw from the nomination by making a written request under oath. The candidate
shall file the request with the school district's business manager. The business manager
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may not print the name of a candidate if the candidate withdraws or dies before five p.m.
local time on the first Thursday after the deadline for filing a nominating petition.
If the death or withdrawal of a candidate at any time before the withdrawal
deadline results in the number of nominating petitions filed for the vacant position to be
equal to or less than the number of vacancies, the contest may not be placed on the ballot,
and the business manager shall issue a certificate of election to the unopposed candidate.
If that contest is the only contest to be voted upon, the business manager must cancel
the election.
Section 9. That § 13-7-10.3 be AMENDED:
13-7-10.3. Any other provision of this chapter notwithstanding, the board of a
school district shall, in even-numbered years, hold the school board election in conjunction
with the regular June primary election or the regular November general election. Expenses
of a combined election must be shared in a manner agreed upon by the school board and
the boards of county commissioners involved. All other governmental responsibilities
associated with holding elections under the provisions of title 12 and this chapter must be
shared as agreed upon by the board of the school district and the boards of county
commissioners involved.
The school election official shall certify to the appropriate county auditors the name
of each candidate who has qualified for the ballot and each ballot question to be submitted
to the voters, on or before the first Friday after the deadline for filing th e nominating
petitions.
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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