2023 Senate Bill 40 - SD Legislature revise the process for nominating candidates for lieutenant governor and to make related technical changes.

2023 South Dakota Legislature

Senate Bill 40

An Act to revise the process for nominating candidates for lieutenant governor and to make related technical changes.

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 select a candidate for lieutenant governor and certify the selection to the secretary of state no later than five p.m. central time on the second Tuesday in August of the year of the election. The candidate for Governor and the candidate's selection for lieutenant governor shall sign the certification. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, to prescribe the form for certification of a candidate for lieutenant governor under this section.

A candidate for lieutenant governor may withdraw by filing a request under oath with the secretary of state. If a candidate for lieutenant governor withdraws, the candidate for Governor shall select a replacement and certify the selection to the secretary of state no later than five p.m. central time on the second Tuesday in August of the year of the election. The candidate for Governor and the candidate's replacement selection for lieutenant governor shall sign the certification. The secretary of state may not place the name of the candidate for Governor on the general election ballot until a replacement candidate has been certified.

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 as provided for in    12-5-21.

The state central committee of each political party shall determine the date, 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 thirty days prior to before the date chosen.

Section 3. That   12-5-21 be AMENDED:

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

Section 4. That   12-7-1.2 be AMENDED:

12-7-1.2. An independent candidate for Governor shall certify the candidate's selection select a candidate for lieutenant governor and certify the selection to the secretary of state with the candidate's nominating petition no later than five p.m. central time on the second Tuesday in August of the year of the election. The candidate and the candidate's selection for lieutenant governor shall sign the certification before the nominating petitions are circulated.

If anAn independent candidate for lieutenant governor withdraws, no may withdraw by filing a request under oath with the secretary of state. If an independent candidate for lieutenant Governor withdraws, the independent candidate for Governor may have the candidate's name printed upon a ballot unless a shall select a replacement and certify the selection for lieutenant governor is certified to the secretary of state by the no later than five p.m. central time on the second Tuesday in August of the year of the election. The candidate for Governor and the candidate's replacement selection for lieutenant governor shall sign the certification. The secretary of state may not place the name of the candidate for Governor on the general election ballot until a replacement candidate has been certified.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms form for the certification for lieutenant governor.

Section 5. That   12-25-29 be AMENDED:

12-25-29. Any candidate for lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, or commissioner of school and public lands shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's nomination is certified.

A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.

Section 6. That chapter 12-25 be amended with a NEW SECTION:

A candidate certified to be selected as lieutenant governor under sections 1 and 4 of this Act shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's certification.

A violation of this section is a petty offense. An intentional violation of this section is a Class 2 misdemeanor.

Statutes affected:
Introduced, 01/06/2023: 12-5-17, 12-5-25, 12-5-26, 12-6-7, 12-7-1, 12-7-1.2, 12-25-28, 12-25-29, 12-25-29.1, 3-1A-2, 12-5-21
Senate State Affairs Engrossed, 02/13/2023: 12-5-17, 12-5-25, 12-5-26, 12-6-7, 12-7-1, 12-7-1.2, 12-25-28, 12-25-29, 12-25-29.1, 3-1A-2, 12-5-21
Senate Engrossed, 02/16/2023: 12-5-17, 12-5-21, 12-5-25, 12-5-26, 12-6-7, 12-7-1, 12-7-1.2, 12-25-28, 12-25-29, 12-25-29.1, 3-1A-2
House Engrossed, 03/02/2023: 12-5-17, 12-5-21, 12-7-1.2, 12-25-29