12-1-31. Invalid candidacy on nominating petition--Vacancy after primary election.
If any state court finds that a declaration of candidacy on a nominating petition is not valid, the candidacy shall be invalidated as of the date of filing. If the invalidation creates a vacancy which continues to exist after a primary election, the vacancy may be filled as provided in §§12-6-56 and 12-6-57.
Source: SL 2008, ch 34, §6.
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.