2024 South Dakota Legislature

House Joint Resolution 5001

A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring all non-judicial offices elected by a statewide vote to be nominated at a primary election.

Section 1. That at the next general election held in the state, the following amendment to Article VII of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

Section 2. That Article VII of the Constitution of the State of South Dakota, be amended with a NEW SECTION:

General election candidates for United States Senate, United States House of Representatives, Governor, attorney general, secretary of state, auditor, treasurer, commissioner of school and public lands, or for any office created by law that is elected by a statewide vote, may only be nominated by means of a primary election. The primary ballot may not indicate or imply any endorsement of any candidate by a political party or by any person or organization.

The Legislature may, by law, establish any necessary procedures to implement this section, including procedures for replacing a candidate for any office who advanced from the primary election but is not able to participate in the general election due to death, withdrawal, or disqualification, and procedures for allowing a party to nominate a candidate for office when no member of that party filed in the primary election for that office.