12-1-5. State board created--Members--Terms--Vacancies--Oath.
There is created a State Board of Elections to be composed of seven members, one of whom shall be the secretary of state who is chairman. Two of the members shall be county auditors appointed by the Speaker of the House of Representatives from a list of nominees supplied by the county auditors meeting at the South Dakota Association of County Officials. The auditors appointed by the Speaker of the House of Representatives shall be of different political party registration. One auditor appointed in 1991 shall be appointed for a two-year term and one shall be appointed for a four-year term. All appointments of auditors after 1991 shall be for four years. One member of the board shall be appointed by each of the following officers: the democratic leader of the Senate, the democratic leader of the House of Representatives, the republican leader of the Senate and the republican leader of the House of Representatives. Appointments to the board shall be as follows: the appointee of the democratic leader of the House of Representatives, 1980 and each fourth year thereafter; the appointee of the republican leader of the Senate, 1981 and each fourth year thereafter; the appointee of the republican leader of the House of Representatives, 1982 and each fourth year thereafter; the appointee of the democratic leader of the Senate, 1983 and each fourth year thereafter. After the appointments made in 1979, the terms of all appointed members of the board, except auditors, shall be for four years. All appointments to the board are to be made by January thirty-first of each year. Vacancies on the board shall be filled in the same manner as the original appointments were made. All appointed members of the board shall file with the secretary of state an oath in the form prescribed by §3-1-5.
Source: SL 1974, ch 117, §§1, 2; SL 1978, ch 93, §1; SL 1982, ch 124; SL 1989, ch 126.
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.