A nominating petition may be composed of several sheets, each sheet shall have identical headings printed at the top and shall be a self-contained sheet of paper. The petition for a candidate for the Legislature shall designate 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 or federal candidate shall 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. 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 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 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 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 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.
Source
SL 1929, ch 118, § 4; SL 1931, ch 145; SDC 1939, § 16.0210; SL 1939, ch 75; SL 1957, ch 83, § 1; SL 1961, ch 93, § 1; SL 1973, ch 74, § 5; SL 1976, ch 105, § 16;
SL
2015
, ch
77
,
§
5
rejected Nov. 8, 2016;
SL
2017
, ch
2
,
§
9
;
SL
2017
, ch
69
,
§
3
;
SL
2018
, ch
74
,
§
2
, eff. Mar. 23, 2018;
SL
2020
, ch
52
,
§
1
.
History
Amended by
S.L.
2020
, ch.
52
,
s.
1
, eff.
7/1/2020
.
Amended by
S.L.
2018
, ch.
74
,
s.
2
, eff.
3/23/2018
.
Amended by
S.L.
2017
, ch.
2
,
s.
9
, eff.
7/1/2017
.
Amended by
S.L.
2017
, ch.
69
,
s.
3
, eff.
7/1/2017
.
Amended by S.L. 2015, ch. 77,s. 5, eff.
7/1/2015
, rejected Nov. 8, 2016.