2024 South Dakota Legislature

House Bill 1188

An Act to revise the process by which a legislative vacancy is filled.

Section 1. That a NEW SECTION be added to chapter 3-4:

If a vacancy occurs in either house of the Legislature, the Governor must appoint a person to fill the vacancy from a list of three candidates submitted by the central committees of the former legislator's political party in the counties comprising the vacant legislative district within ninety days of receiving the list. The central committees of the former legislator's political party in the counties comprising the vacant legislative district shall submit the list of three candidates to the Governor within thirty days of the vacancy occurring.

If any of the counties comprising the vacant legislative district do not have a central committee of the former legislator's political party, the statewide central committee of the former legislator's political party must represent the county without a central committee.

If the Legislature is in session when the vacancy occurs, the central committees of the former legislator's political party in the counties comprising the vacant legislative district must submit the list of three candidates to the Governor within five days of the vacancy occurring, and the Governor must make the appointment within ten days of receiving the list.