An Act to revise the process for nominating candidates for the offices of lieutenant governor, attorney general, and secretary of state.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 12-5 be amended with a NEW SECTION:

A candidate for Governor shall nominate a candidate for lieutenant governor and shall certify the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's nominee for lieutenant governor shall sign the certification.

A candidate for lieutenant governor may withdraw the nomination by filing a request under oath with the secretary of state. If a candidate for lieutenant governor withdraws, the candidate for Governor must nominate a replacement and certify the nomination to the secretary of state pursuant to this section. The secretary of state may not place the name of the candidate for Governor on the general election ballot until a candidate for lieutenant governor has been certified. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certification and withdrawal of a candidate for lieutenant governor.

Section 2. That   12-5-17 be AMENDED:

12-5-17. Each political party shall hold a state convention in each even-numbered year for the purposes stated in   12-5-21. The state central committee of each political party shall determine the time and place of the convention. The chair of the committee shall notify the secretary of state of the date and place of the convention at least fifteen business days prior to thirty days before the date chosen.

Section 3. That   12-5-21 be AMENDED:

12-5-21. TheIn a year when the Governor is to be elected, the delegates selected to participate in the state convention shall nominate candidates for lieutenant governor, attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner and in. In the years when a President of the United States is to be elected, the delegates shall nominate a candidate for public utilities commissioner, presidential electors, and national committeeman and national committeewoman of the party.

Section 4. That a NEW SECTION be added to chapter 12-5:

If a political party is unable to nominate a candidate for the office of attorney general or secretary of state at the primary election, the political party may nominate a candidate for the office at the state convention.

Section 5. That   12-5-25 be AMENDED:

12-5-25. A political party with alternative political status may nominate a candidate for United States Senate, United States House of Representatives, Governor, attorney general, secretary of state, and any legislative seat by convention, if the nomination is submitted with the proper documentation to the Office of the Secretary of State no later than 5:00 five p.m. central time on the second Tuesday in August, of in the year of the election.

A candidate registered with a political party with an alternative political status may choose, if allowed by the party bylaws, to participate in a primary election by submitting a candidate petition no later than the last Tuesday of March in accordance with   12-5-1.4.

Section 6. That   12-5-26 be AMENDED:

12-5-26. A new political party may nominate a candidate for United States Senate, United States House of Representatives, Governor, attorney general, secretary of state, and any legislative seat by convention, if the nomination is submitted with the proper documentation to the Office of the Secretary of State no later than 5:00 five p.m. central time on the second Tuesday in August, of in the year of the election.

Section 7. That   12-6-7 be AMENDED:

12-6-7. A nominating petition may be composed of several sheets, each. Each sheet shall must have identical headings printed at the top and shall must be a self-contained sheet of paper. The petition for a candidate for the Legislature shall designate must specify the senatorial or representative district number and house for which the person is a candidate.

The petition for party office or political public office for a state a political party's gubernatorial or federal candidate shall must be signed by not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election in the state. The petition of a party's candidate for attorney general or secretary of state must be signed by not less than one-quarter of one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election or two hundred fifty qualified voters, whichever is greater. A petition for the Legislature, county party office, or county political public office shall must be signed by not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election, or fifty voters, in the county, part of the county, or district electing a candidate to fill the office, whichever is less.

If the party meets the requirement for alternative political status as defined in   12-1-3.1, the petition for party office or political public office for a state or federal candidate shall must be signed by not less than one percent of the voters who voted for that party's statewide candidate receiving the highest votes at the last gubernatorial election in the state. A petition for the Legislature, county party office, or county political public office shall be signed by not less than one percent of the voters who voted for that party's statewide candidate receiving the highest votes at the last gubernatorial election in the county, part of the county, or district electing a candidate to fill the office, whichever is less.

If a county uses vote centers and does not print ballots by precinct, signature requirements are:

(1) For both partisan and independent candidates, fifty signatures for a legislative candidate whose district either in whole or in part includes that county;

(2) For a county candidate:

(a) Partisan candidate petitions shall must be signed by the lesser of fifty signatures or signatures from one percent of the voters who voted for that party's gubernatorial candidate, or the party’s statewide candidate receiving the highest votes if the party meets the requirement for alternative party status as defined in   12-1-3.1, at the last gubernatorial election in the county electing a candidate to fill the office; or

(b) Independent candidate petitions shall must be signed by not less than one percent of the total combined vote for Governor at the last certified election within the county electing a candidate to fill the office;

(3) Half the number of signatures required under subdivision (2), for county commissioner district candidates;

(4) Five signatures for a new party legislative candidate whose district either in whole or in part includes that county;

(5) Five signatures for a new party county candidate; or

(6) Three signatures for a new party county commissioner district candidate.

Section 8. That   12-7-1 be