The bill amends existing provisions regarding the duties and vacancies of presidential electors in South Dakota. It establishes that the office of a presidential elector becomes vacant under specific circumstances, including death, resignation, failure to qualify, or failure to appear at the designated meeting. Additionally, it allows an elector to resign by submitting a letter to the secretary of state. If a vacancy occurs before the electors' meeting, the chair of the political party that nominated the elector must select a replacement immediately and file this selection with the secretary of state. The bill also clarifies the process for electors to fill a vacancy if an elector fails to appear, specifying that the remaining electors must elect a replacement by ballot.
Furthermore, the bill mandates that each elector must vote for the candidates receiving the highest number of votes in the state's general election. An elector vacates their position if they refuse to vote or attempt to vote for a candidate other than the one who received the most votes. If a vacancy arises due to these circumstances, the remaining electors are required to fill the vacancy in accordance with the established procedures. Overall, the bill aims to ensure that presidential electors fulfill their duties in alignment with the election results and provides a clear process for handling vacancies.
Statutes affected: Senate Engrossed, 02/13/2025: 12-24-2, 12-24-3