12-1-13.Challenge to petition signatures or declaration of candidacy.
Within five business days after a nominating, initiative, or referendum petition, excluding petitions for statewide initiative, referendum, or constitutional initiative petitions, is validated and filed with the person in charge of the election, any interested person who has researched the signatures contained on the petition or, for a nominating petition, has researched the information contained in the declaration of candidacy, may submit an affidavit stating that the petition contains deficiencies as to the number of signatures of persons who are eligible to sign the petition or that the declaration of candidacy is not valid. The affidavit shall include an itemized listing of the specific deficiencies in question.
Any challenge to the following items is prohibited under this challenge process:
(1)Signer does not live at address listed on the petition;
(2)Circulator does not live at address listed on the petition;
(3)Circulator listed a residence address in South Dakota but is not a South Dakota resident;
(4)Circulator did not witness the signers;
(5)Signatures or petition sheets not included in the random sample. This subdivision applies only to petitions for statewide candidates, new party formation petitions, or to local jurisdictions that conduct random sampling; and
(6)Petition that was originally rejected.
All challenges by the same person or party in interest shall be included in one affidavit.
The original signed affidavit shall be received by the person in charge of that election by 5:00 p. m. local time on the deadline date. If the affidavit challenges any item that is prohibited by this section, only that line item shall be summarily rejected.
The decision of the secretary of state or the person in charge of the election regarding a challenge under this section may not be challenged a second time with the secretary of state or the person in charge of the election, but may be appealed to the circuit court. Any challenge with the secretary of state may be appealed in Hughes County. An appeal challenging a nominating petition for a primary election, takes precedence over other cases in circuit court. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal within ten days of the date of the notice of the entry of the circuit court order.
A failure to challenge a petition in accordance with this section does not deny a person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition in circuit court. A challenge to a petition in circuit court may include items prohibited in this section.
Source: SL 1999, ch 70, §1; SL 2014, ch 69, §1; SL 2015, ch 74, §1; SL 2016, ch 75, §2, eff. Feb. 18, 2016; SL 2017, ch 12, §5; SL 2019, ch 68, §1.
Structure South Dakota Codified Laws
Chapter 01 - General Provisions And State Board
Section 12-1-1 - Elections to which title applies.
Section 12-1-1.1 - Laws applicable to election of county officers.
Section 12-1-2 - Application to local elections.
Section 12-1-2.1 - Option to adopt campaign finance law.
Section 12-1-3 - Definition of terms used in title.
Section 12-1-3.1 - Alternative political status defined.
Section 12-1-4 - Criteria for determining voting residence.
Section 12-1-5 - State board created--Members--Terms--Vacancies--Oath.
Section 12-1-6 - Per diem and expenses.
Section 12-1-7 - Assistance by secretary of state's office.
Section 12-1-8 - Legal assistance to board.
Section 12-1-9 - Rule-making power of board.
Section 12-1-10 - Recommendations to secretary of state.
Section 12-1-12 - Political party office prohibited in county courthouse.
Section 12-1-13 - Challenge to petition signatures or declaration of candidacy.
Section 12-1-15 - Notification of candidate or sponsor if petition declared invalid.
Section 12-1-16 - Other legal remedies to challenge petition not precluded.
Section 12-1-17 - Computation of time allowed for election notice or filing.
Section 12-1-18 - Time when petition may be circulated.
Section 12-1-21 - Complaints filed under the Help America Vote Act.
Section 12-1-23 - Time and place of hearing--Notice to parties.
Section 12-1-24 - Subpoena issued by arbitrator--Service and enforcement.
Section 12-1-25 - Depositions permitted by arbitrators--Compelling testimony.
Section 12-1-26 - Evidence presented by parties--Cross-examination.
Section 12-1-27 - Adjournment or postponement of hearing--Failure of party to appear.
Section 12-1-28 - Issuance of resolution--Delivery to parties.
Section 12-1-29 - Payment of expenses of proceedings.
Section 12-1-30 - Grounds to vacate resolution--New arbitrator.
Section 12-1-31 - Invalid candidacy on nominating petition--Vacancy after primary election.
Section 12-1-33 - Exception for registered sex offender circulating petition under supervision.
Section 12-1-36 - Verification of signatures on nominating petitions by random sampling.
Section 12-1-38 - Circuit court challenge not affected by random sampling.