modify the number of signatures required on certain election-related petitions.

26.318.25 101st Legislative Session 33

2026 South Dakota Legislature
Senate Bill 33

Introduced by: The Chair of the Committee on State Affairs at the request of the Secretary of State

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An Act to modify the number of signatures required on certain election -related 1
petitions. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 12-1-3 be AMENDED: 4
12-1-3. Terms used in this title mean: 5
(1) "Ballot question committee," as defined by § 12-27-1 an individual or entity that 6
raises, collects, or disburses contributions for the purpose of proposing, supporting, 7
or opposing the placement of a ballot question on a ballot or adopting or defeating 8
a ballot question at an election; 9
(2) "Candidate," a person whose name is on the ballot or who is entitled to be on the 10
ballot to be voted upon for nomination or election at any election an individual who 11
seeks nomination or election to a public office and, for the purpose of running for 12
the office: 13
(a) Raises, collects, or disburses contributions in excess of five hundred dollars; 14
(b) Has authorized the solicitation of contributions or the making of 15
expenditures; 16
(c) Has been certified as a candidate by a political party; 17
(d) Has created a candidate campaign committee; or 18
(e) Has taken all actions required by state law to qualify for nomination or 19
election; 20
(3) "Election," any election any process held under the laws of this state , by which a 21
candidate for office is nominated or elected or any other contest or question is 22
determined; 23
(4) "Election officials," state and local officials "Election official," an individual charged 24
with the duty of conducting elections an election and the canvass of returns; 25
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(5) "Elector," a person an individual qualified to register as a voter, whether or not the 1
person is registered; 2
(6) "Electronic pollbook," an electronic system containing both the a digital information 3
system that contains a jurisdiction's registration list and pollbook; 4
(7) "General election," the vote required to be taken in each voting precinct of the 5
state on the first Tuesday after the first Monday in November of each even -6
numbered year; "Independent candidate," notwithstanding the definition of 7
independent provided by this section, any registered voter who, regardless of party 8
affiliation, seeks election to public office without party affiliation; 9
(8) "Independent" or "no party affiliation," any individual who, when registering as a 10
voter, does not provide a party affiliation when completing the voter registration 11
application, draws a line through the space on the voter registration application for 12
the individual to provide a party affiliation, or writes on the voter registration 13
application: 14
(a) Independent; 15
(b) I; 16
(c) Ind.; 17
(d) No party affiliation; 18
(e) No party; 19
(f) No choice; 20
(g) Nonpartisan; 21
(h) NPA; or 22
(i) None; 23
(9) "Paid circulator," any person an individual who receives money or anything of value 24
for collecting signatures for a petition; 25
(9)(10) "Party office," an office of a political party organization as distinct from a public 26
office; 27
(10)(11) "Person in charge of an election," or "person charged with the conduct of an 28
election," the county auditor in all cases except local elections for a municipality, 29
school district, township, or other political subdivision, in which case it is or, in a 30
political subdivision election, the officer having the position comparable to the 31
auditor in that unit of government political subdivision, if not specifically designated 32
by law; 33
(11)(12) "Petition," a self-contained, separately verified form prescribed by the State 34
Board of Elections, which contains the question or candidacy being petitioned, the 35
26.318.25 3 33
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declaration of candidacy if required and the verification of the circulator. If multiple 1
sheets of paper are necessary to obtain the required number of signatures, each 2
sheet shall be self -contained and separately verified by the circulator on which 3
signatures may be collected and by which a ballot question is proposed or a 4
candidate qualifies to be included on a ballot for nomination or election to a public 5
office; 6
(12)(13) "Petition circulator," a resident of the State of South Dakota as defined under 7
§ 12-1-4, who is at least eighteen years of age who circulates nominating petitions 8
or other petitions for the purpose of placing candidates or issues on any election 9
ballot an individual who: 10
(a) Is a resident of this state, as defined in § 12-1-4; 11
(b) Is at least eighteen years old; and 12
(c) In the presence of another individual, solicits from the other individual a 13
signature on a petition for a ballot question or candidate by: 14
(i) Physically presenting the petition or otherwise making the petition 15
available to the other individual; or 16
(ii) Acting in concert with another petition circulator who physically 17
presents or otherwise makes the petition available to the other 18
individual; 19
(13)(14) "Other," the name of a political party that is not recognized in South Dakota; 20
(15) "Political party," beginning with the 2014 general election and each general election 21
thereafter, a party whose candidate for any statewide office received at least two 22
and one-half percent of the total votes cast for that statewide office in either of the 23
two previous general election cycles; 24
(14)(16) "Pollbook" or "poll list ," a list containing , in numerical order, the names of all 25
persons voting name of each individual who voted at the an election and the type 26
of ballot voted that the individual received; 27
(15)(17) "Polling place," a designated place voters may go to vote where voting occurs; 28
(16)(18) "Poll watcher," a person chosen to observe the conduct of an election an 29
individual designated by a candidate, political party, or ballot question committee 30
to observe the conduct of an election; 31
(17)(19) "Primary" or "primary election," an election held at which candidates for public 32
office are nominated for public office; 33
(18)(20) "Public office," an elected position in government; 34
26.318.25 4 33
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(19)(21) "Registered mail," a secured class of mail service that does not include certified 1
mail; 2
(22) "Registration list," a list of eligible voters; 3
(20) "Registered mail," does not include certified mail; 4
(21)(23) "Registration officials," the county auditor and deputies and other persons 5
authorized to assist in registration pursuant to chapter 12-4; 6
(22)(24) "Vote center," a polling place when the precinct has been defined as the entire 7
jurisdiction and an electronic pollbook is utilized; and 8
(23)(25) "Voter," a person an individual duly registered to vote or one who is performing 9
the act of voting; 10
(24) "Independent (IND)" or "no party affiliation (NPA)," any currently registered voter 11
who writes independent, I, Ind, no party affiliation, no party, no choice, 12
nonpartisan, or line crossed off in the choice of party field on the voter registration 13
form and any individual who is not currently registered to vote who leaves the 14
choice of party field blank on the voter registration form; 15
(25) "Independent candidate," notwithstanding the definition of independent as stated 16
in this chapter, any registered voter regardless of party affiliation who declares to 17
be an independent candidate for public office pursuant to this chapter; 18
(26) "Other," any voter who writes a political party not recognized in South Dakota in 19
the choice of party field on the voter registration form. 20
Section 2. That § 12-5-1 be AMENDED: 21
12-5-1. A new political party may be organized and participate in the primary 22
election by filing with the secretary of state not later than the last Tuesday of March at 23
five p.m. prior to the date of the primary election, a written declaration signed by at least 24
one percent of the voters of the state as shown by the total vote cast for Governor at the 25
last preceding gubernatorial election, which declaration shall a written declaration with 26
the secretary of state before five p.m. central time on the last Tuesday of March before 27
the primary election. The declaration must be signed by at least one percent of the number 28
of registered voters in the state, as recorded by the secretary of state on the second 29
Tuesday of December in the year prior to the election, or three thousand five hundred 30
voters, whichever is less, and must contain: 31
(1) The name of the proposed party; and 32
(2) A brief statement of the principles thereof; of the proposed party. 33
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whereupon the party shall, under the party name chosen, have The secretary of 1
state shall verify the signatures. Upon the verification of the signatures, the new political 2
party has all the rights of a political party whose ticket was on the ballot at the preceding 3
general election. No A signature on a declaration is not valid if the registered voter signed 4
the declaration was signed more than one year prior to filing of the declaration. 5
A political party loses the right to participate in the primary election for failure to 6
meet the definition of political party as defined in § 12-1-3 if the political party fails, in 7
either of the two previous general election cycles, to have a candidate for any statewide 8
office receive at least two and one-half percent of the votes cast for that statewide office. 9
The national and state chairperson chairpersons of a recognized political party may 10
request in writing, subscribed and sworn to by each chairperson before any officer qualified 11
to administer oaths and take acknowledgments, to that the political party no longer be 12
recognized as a political party. The request must be sworn to in the presence of a notary 13
of this or any other state or any other individual qualified to administer oaths. The political 14
party shall also comply with the requirements for dissolution, pursuant to chapter 12-27. 15
Section 3. That § 12-5-1.4 be AMENDED: 16
12-5-1.4. If a political party qualifies for the primary ballot under § 12-5-1, each 17
candidate intending to participate in a primary election shall must file a nominating petition 18
pursuant to § 12-6-4. In each primary election following the qualification of a political 19
party and prior to the next gubernatorial election, each: 20
(1) State and federal candidate for that party shall file a petition bearing signatures of 21
at least two hundred fifty registered voters in that party; and 22
(2) Legislative and county candidate for that party shall file a petition bearing 23
signatures of at least five registered voters in that party. 24
The nominating petition for a candidate for an office must contain the required 25
number of signatures for that office, pursuant to § 12-6-7. 26
Section 4. That § 12-5-1.5 be AMENDED: 27
12-5-1.5. If a new political party organizing does not have a candidate for United 28
States Senate, United States House of Representatives, Governor, or Legislature, who is 29
nominated at a primary election, the new political party may be organized by filing with 30
the secretary of state not later than July first at five p.m. central time, a written declaration 31
signed by at least one percent of the voters of the state as shown by the total vote cast 32
for Governor at the last preceding gubernatorial election. The declaration shall contain: 33
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(1) The name of the proposed party; and 1
(2) A brief statement of the principles of the proposed party. 2
The new political party shall, under the party name chosen, have all the rights of 3
a political party whose ticket was on the ballot at the preceding general election. No 4
signature on a declaration is valid if the declaration was signed more than one year prior 5
to filing of the declaration. 6
A political party loses the right to participate in the primary election for failure to 7
meet the definition of political party as defined in § 12-1-3. 8
The national and state chairperson of a recognized political party may request in 9
writing, subscribed and sworn to by each chairperson before any officer qualified to 10
administer oaths and take acknowledgments, to no longer be recognized as a political 11
party. The political party shall also comply with the requirements for dissolution pursuant 12
to chapter 12-27. 13
If a new political party organizing does not have a candidate for Governor, a federal 14
office, or any legislative office to be nominated at a primary election, the new political 15
party may be organized by filing the same written declaration required of a new political 16
party pursuant to § 12-5-1, with the secretary of state before five p.m. central time on 17
July first in the year of the election. The declaration must be signed by at least one percent 18
of the number of registered voters in the state, as recorded by the secretary of state on 19
the second Tuesday of December in the year preceding the election, or three thousand 20
five hundred voters, whichever is less. 21
Section 5. That § 12-6-7 be AMENDED: 22
12-6-7. A nominating petition may be composed of several sheets, provided that 23
each sheet shall have of the petition is a self-contained sheet of paper that has an identical 24
headings heading printed at the top and shall be a self -contained sheet of paper of the 25
sheet. The petition for a candidate for the Legislature shall must designate the senatorial 26
or representative district number and house the legislative chamber for which the person 27
individual is a candidate. 28
The petition for party office or political public office for a state or federal candidate 29
shall be signed by not less than one percent of the voters who voted for that party's 30
gubernatorial candidate at the last gubernatorial election in the state. A petition for the 31
Legislature, county party office, or county political public office shall be signed by not less 32
than one percent of the voters who voted for that party's gubernatorial candidate at the 33
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last gubernatorial election, or fifty voters, in the county, part of the county, or district 1
electing a candidate to fill the office, whichever is less. 2
If the party meets the requirement for alternative political status as defined in 3
§ 12-1-3.1, the petition for party office or political public office for a state or federal 4
candidate shall be signed by not less than one percent of the voters who voted for that 5
party's statewide candidate receiving the highest votes at the last gubernatorial election 6
in the state. A petition for the Legislature, county party office, or county political public 7
office shall be signed by not less than one percent of the voters who voted for that party's 8
statewide candidate receiving the highest votes at the last gubernatorial election in the 9
county, part of the county, or district electing a candidate to fill the office, whichever is 10
less. 11
If a county uses vote centers and does not print ballots by precinct, signature 12
requirements are: 13
(1) For both partisan and independent candidates, fifty signatures for a legislative 14
candidate whose district either in whole or in part includes that county; 15
(2) For a county candidate: 16
(a) Partisan candidate petitions shall be signed by the lesser of fifty signatures 17
or signatures from one percent of the voters who voted for that party's 18
gubernatorial candidate, or the party’s statewide candidate receiving the 19
highest votes if the party meets the requirement for alternative party status 20
as defined in § 12-1-3.1, at the last gubernatorial election in the county 21
electing a candidate to fill the office; or 22
(b) Independent candidate petitions shall be signed by not less than one 23
percent of the total combined vote for Governor at the last certified election 24
within the county electing a candidate to fill the office; 25
(3) Half the number of signatures required under subdivision (2), for county 26
commissioner district candidates; 27
(4) Five signatures for a new party legislative candidate whose district either in whole 28
or in part includes that county; 29
(5) Five signatures for a new party county candidate; or 30
(6) Three signatures for a new party county commissioner district candidate 31
The nominating petition of a candidate for a federal public office or a statewide 32
party or partisan public office must be signed by at least one percent of the number of 33
registered voters affiliated with the candidate's party in the state, as recorded by the 34
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secretary of state on the second Tuesday of December in the year prior to the election, or 1
two thousand two hundred fifty voters, whichever is less. 2
The nominating petition of a candidate for legislative office, county partisan public 3
office, or county party office must be signed by at least one percent of the number of 4
registered voters affiliated with the candidate's party in the district, county, or part of the 5
county for which the candidate is seeking election to office, as recorded by the secretary 6
of state on the second Tuesday of December in the year prior to the election, or fifty 7
voters, whichever is less. 8
Section 6. That § 12-7-1 be AMENDED: 9
12-7-1. Any Except as provided in § 12-7-7, an independent candidate for 10
nonjudicial public office , except as provided in § 12-7-7, who is not nominated by at a 11
primary election may be nominated by filing a certificate of nomination nominating 12
petition, as provided in chapter 12 -6, with the secretary of state or county auditor as 13
following the process prescribed by § 12-6-4, after December thirty -first and by before 14
five p.m. local time on the last Tuesday of April at 5:00 p.m. local time before the election. 15
A certificate of nomination shall be executed as provided in chapter 12-6. If the certificate 16
of nomination The petition is timely submitted if the petition is mailed by registered mail 17
by before five p.m. local time on the last Tuesday of April at 5:00 p.m. local time before 18
the election , it is timely submitted. The certificate of nomination shall be signed by 19
registered voters within the district or political subdivision in and for which the officers are 20
to be elected. The number of signatures required may not be less than one percent of the 21
total combined vote cast for Governor at the last certified gubernatorial election within the 22
district or political subdivision. 23
The nominating petition of a candidate for a federal public office or a statewide 24
partisan public office must be signed by at least one-half of one percent of the number of 25
registered voters in the state, as recorded by the secretary of state on the second Tuesday 26
of December in the year prior to the election, or three thousand five hundred voters, 27
whichever is less. 28
The nominating petition of a candidate for legislative office or county partisan 29
public office must be signed by at least one-half of one percent of the number of registered 30
voters in the district, county, or part of the county for which the candidate is seeking 31
election to office, as recorded by the secretary of state on the second Tuesday of 32
December in the year prior to the election, or one hundred fifty voters, whichever is less. 33
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The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, 1
prescribing the forms for the certificate of nomination form of the nominating petition. 2
Section 7. That § 12-7-7 be AMENDED: 3
12-7-7. Any An independent candidate for President or Vice President of the United 4
States who is not nominated by at a primary election may be nominated by filing with the 5
secretary of state, after December thirty -first and by the first Tuesday in August at 5:00 6
p.m. central time before the election, a certificate of nomination which shall be executed 7
a nominating petition, as provided in chapter 12-6. If the certificate of nomination , with 8
the secretary of state after December thirty-first and before five p.m. central time on the 9
first Tuesday in August before the election. The nominating petition is timely submitted if 10
the petition is mailed by registered mail by before five p.m. central time on the first 11
Tuesday in August at 5:00 p.m. central time before the election , it is timely submitted . 12
The number of signatures required may not be less than one percent of the total combined 13
vote cast for Governor at the last certified gubernatorial election within the state 14
The nominating petition must be signed by a number of registered voters equal to 15
at least one-half of one percent of the number of registered voters in the state, as recorded 16
by the secretary of state on the second Tuesday of December in the year prior to the 17
election, or three thousand five hundred voters, whichever is less. 18
An independent candidate for President shall file a declaration of candidacy and a 19
certification of the candidate's selection nominee for Vice President with the secretary of 20
state with the candidate's nominating petitions petition. The candidate and the candidate's 21
selection nominee for Vice President shall sign the certification before the nominating 22
petitions are petition is submitted. If an independent candidate for Vice President 23
withdraws pursuant to § 12-6-55, no independent candidate for President shall have the 24
candidate's name printed upon a ballot unless a replacement selection for Vice President 25
is certified to the secretary of state by the second Tuesday in August the independent 26
candidate for President must nominate a replacement by certifying the nomination to the 27
secretary of state no later than five p.m. central time on the second Tuesday in August in 28
the year of the election. The independent candidate for President and the candidate's 29
replacement nominee for Vice President shall sign the certification. The secretary of state 30
may not place the name of the independent candidate for President on the general election 31
ballot until a candidate for Vice President has been certified. 32
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The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, 1
prescribing the forms for the certificate of nomination nominating petition and the 2
certification for Vice President. 3
Section 8. This Act is effective beginning January 1, 2027. 4