Changes to Existing Law

12-5-3.11. If a the bylaws of a political party has no prescribed method of 31 selection of slates do not prescribe a method of selecting a slate of delegates and 32 alternates to its the party's national convention, the slates of delegates and alternates to 33 the national convention shall must be elected by the primary. Names of candidates for delegates and alternates to the national convention, in number equal to the entire number of the delegates and alternates to be selected, shall be 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 in a slate upon a single nominating petition, under the respective designations upon a single nominating petition. The nominating petition shall for a slate of delegates and alternates must contain a statement indicating the candidates for delegates candidates' collective preference choice for President president of the United States, if any, or that the candidates have no preference preference, or that the candidates are uncommitted. No name of any candidate for delegate or alternate may be filed in 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 last Tuesday of March before the date of the primary election. 17

12-6-4. Except as provided by § 12-5-4 and as may be otherwise provided in chapter 12-9, no candidate for any office to be filled, or nomination to be made, at either or both the primary or general election, other than a presidential election, may have that person's name printed upon the official primary election ballot of that person's party, unless a petition has been filed on that person's behalf after December thirty-first and by the last Tuesday of March at five p.m. local time before the date of the primary election. If the petition is mailed by registered mail by the last Tuesday of March at five p.m. local time before the primary election, the petition shall be considered timely submitted. A nominating petition for national convention delegates and alternates as provided in § 12-5-3.11 shall be filed in accordance with the provisions of this section. Nominating petitions for all party and public offices except legislative and judicial offices shall be filed in the office of the county auditor of the county in which the person is a candidate. Nominating petitions for legislative and judicial office whether elected in one or more 31 counties, and all other party and public offices to be voted on in more than one county 32 shall be filed in the Office of the Secretary of State. Source: SDC 1939, 33 Except as otherwise provided by § 16.0210; SL 1939, ch 75; SL 1957, ch 83, 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 candidate's behalf after December thirty-4 first, but before five p.m. local time on the second Tuesday of March before the date of the primary election. A candidate may file a nominating petition by submitting the petition to the officer with whom the petition must be filed, by registered mail, as defined in § 1; SL 1961, ch 93, § 1; SL 1971, ch 84; SL 1973, ch 74, § 3; SL 1977, ch 108, § 1; SL 1986, ch 115, § 5; SL 1997, ch 75, § 6; SL 2007, ch 81, § 9; SL 2015, ch 77, § 1 rejected Nov. 8, 2016; SL 2017, ch 69, § 2. 12-1-3. If a candidate files a nominating petition by registered mail, the petition is considered filed if the petition is received by the officer with whom the petition must be filed, on or before March thirty-first. 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. 17

12-6-8.1. Any person may have his or her name withdrawn candidate may withdraw the candidate's name from the primary election by making a written request under oath. The candidate shall file the request shall be filed with the officer with whom the nominating petition was filed pursuant to § 12-6-4, not later than two days after the last Tuesday in March at five p.m. If the request is mailed by registered mail not later than two days after the last Tuesday in March at five p.m., the request is properly filed. No No, before five p.m. local time, on the first Thursday after the deadline for filing a nominating petition. The candidate may withdraw the candidate's name by submitting the written request to the officer with whom the nominating petition was filed, by registered mail, as defined in § 12-1-3. If the candidate submits a written request to withdraw from the primary by registered mail, the request is properly filed if the request is received by the officer, on or before March thirty-first. 31 A name that is withdrawn pursuant to this section may not be printed on the ballots 32 to be used at the election. 33

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 no later than five p.m. on the Tuesday seventy days before the date of the election. The petition is considered timely filed if the petition is mailed by registered mail by five p.m. on the Tuesday seventy days before the date of the election. election before five p.m. local time, on the second 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. A candidate may file a nominating petition by sending the petition to the school district's business manager, by registered mail, as defined in § 12-1-3. If a candidate files a nominating petition by registered mail, the petition is considered filed if the petition is received by the business manager on or before March thirty-first, for an election held on the first Tuesday after the first Monday in June or on or before August thirty-first, 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. A nominating petition may not be circulated more than four months before the election. 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 first. 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 31 of signatures. Upon verification by the business manager, the filing of the nominating 32 petition constitutes nomination and entitles the candidate to have the candidate's name 33 placed on the ballot for the term the candidate specifies on the petition. Source: SDC 1939, § 15.2510; SL 1947, ch 67; SL 1955, ch 41, ch 9, § 10; SL 1957, ch 64, § 2; SL 1959, ch 64; SDC Supp 1960, § 15.2310; SL 1968, ch 47, § 1; SL 1975, ch 128, § 33; SL 1979, ch 113, § 2; SL 1981, ch 129, § 1; SL 1985, ch 119, § 2; SL 1995, ch 90, § 2; SL 1996, ch 103, § 1; SL 2004, ch 75, § 7; SL 2007, ch 89, § 2, eff. Feb. 15, 2007; SL 2009, ch 69, § 11; SL 2010, ch 74, § 24; SL 2015, ch 77, § 16 rejected Nov. 8, 2016; SL 2025, ch 40, § 14, eff. Jan. 1, 2026. 34

Withdrawal by candidate for board membership. 13-7-7. Any person who has filed a nominating petition pursuant to § 13-7-6 may withdraw from nomination by request in writing signed by the person and properly acknowledged and filed with the election official of the school district by five p.m. on the deadline day for filing nominating petitions. No name withdrawn may be printed on the ballots to be used. Source: SDC 1939, Any candidate who has filed a nominating petition pursuant to § 15.2510; SL 1947, ch 67; SL 1955, ch 41, ch 9, § 10; SL 1957, ch 64, § 2; SL 1959, ch 64; SDC Supp 1960, § 15.2310; SL 1968, ch 47, § 1; SL 1975, ch 128, § 34; SL 1979, ch 113, § 3; SL 1981, ch 129, § 2; SL 1985, ch 119, § 3; SL 1995, ch 90, § 4; SL 1996, ch 60, § 5. 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 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 8. This Act is effective beginning December 1, 2026. 18

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. on the Tuesday seventy days before the date of the election. A petition is considered filed if it is mailed by registered mail by five p.m. on the last day to file a petition. petition local time, on the second 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 second Tuesday of August for an election held on the first Tuesday after the first Monday in November. A candidate may file a nominating petition by sending the petition to the municipality's finance officer, by registered mail, as defined in § 12-1-3. If a candidate files a nominating petition by registered mail, the petition is considered filed if the petition is received by the finance officer on or before March thirty-first, for an election held on the first Tuesday after the first Monday in June or on or before August thirty-first, 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. Source: RPolC 1903, § 1902; SL 1915, ch 115, § 4; SL 1915, ch 258, § 4; RC 1919, § 6318; SDC 1939, § 45.1307; SL 1939, ch 186; SL 1985, ch 58, § 1; SL 1986, ch 67, § 3; SL 1992, ch 110, § 4; SL 2004, ch 75, § 3; SL 2015, ch 77, § 15 rejected Nov. 8, 2016; SL 2020, ch 26, § 1; SL 2025, ch 40, § 6, eff. Jan. 1, 2026. 7

9-13-7.1. Any person who has filed a nominating petition pursuant to § 9-13-7 may withdraw from the nomination by a written request, signed by the person and properly acknowledged and filed with the finance officer of the municipality. The name of a withdrawn or deceased candidate may not be printed on the ballot if the candidate withdraws or dies no later than five p.m. on the deadline day for filing nominating petitions. If the withdrawal or death of a candidate occurs at any time prior to five p.m. on the deadline day for filing nominating petitions results in there being no contest on the ballot, that ballot need not be voted. In addition, if that contest constitutes the only ballot to be voted upon, then the election shall be canceled by the official in charge of the election and the unopposed candidate shall be issued a certificate of election. 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. 29