Ballot access requirements for political candidates in South Dakota

From Ballotpedia
Jump to: navigation, search
Ballot Access Requirements for Candidates
Ballot Access Requirements Final.jpg

Information by State
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia  • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • Washington, D.C. • West Virginia • Wisconsin • Wyoming

Information about Ballot Access and Voting
Election DatesState election agenciesBallot accessPoll Opening and Closing Times
Absentee voting • Early voting
Open Primary •
Closed Primary • Blanket Primary
U.S. House requirements for Independents in 2014
This page compiles the various ballot access requirements for candidates running for elected office in the state of South Dakota. Offices included are:

This page contains information on specific filing dates for each election year, how to become a candidate, how to create a political party, campaign finance requirements, state agency contacts involved in the election process, and term limits in South Dakota. Information on running for election as a presidential candidate or for county and municipal offices is not included. This page reflects research completed in April 2014.

Note: If you have any questions or comments about this page, email us.

Year-specific years

2014

See also: South Dakota elections, 2014

South Dakota held a primary election on June 3, 2014. The general election will take place on November 4, 2014. Voters will elect candidates to serve in the following state and federal offices:

The 2014 filing deadline for candidates seeking a political party's nomination by running in the state primary was March 25, 2014. Partisan and independent candidates began circulating petitions for signatures on January 1, 2014.[1] The filing deadline for independent candidates was April 29, 2014.[1] The deadline to qualify as a political party in time for the 2014 elections was March 25, 2014.[2]

Legend:      Ballot Access     Campaign Finance     Election Date




Dates and requirements for candidates in 2014
Deadline Event type Event description
January 1, 2014 Ballot access Period for circulating nominating petitions begins
March 25, 2014 Ballot access Deadline for the creation of a new political party
March 25, 2014 Ballot access Filing deadline for partisan candidates
April 29, 2014 Ballot access Filing deadline for independent candidates
May 23, 2014 Campaign finance Pre-primary financial statement due
June 3, 2014 Election date Primary Date
October 24, 2014 Campaign finance Pre-general election financial statement due
November 6, 2014 Election date Primary Date
February 1, 2015 Campaign finance Year-end financial statement due

Political parties

See also: List of political parties in the United States

As of October 2013, there are five recognized political parties in South Dakota.[3] In order to be recognized by the state, a political party must fulfill certain requirements (detailed below in "Process to establish a political party").

Party Website link By-laws/Platform link
Republican Party Official party website Party by-laws
Americans Elect Party National party website
Democratic Party Official party website Party by-laws
Libertarian Party Official party website Party by-laws
Constitution Party Official party website

In some states, a candidate may choose to have a label other than that of an officially recognized party appear alongside his or her name on the ballot. Such labels are called political party designations. A political party designation would be used when a candidate qualifies as an independent, but prefers to use a different label. South Dakota[4] does not allow candidates to identify in this way. A total of 25 states allow candidates to use political party designations in non-presidential elections.

The 11 states listed below (and Washington, D.C.) do not provide a process for political organizations to gain qualified status in advance of an election. Instead, in these states, an aspirant party must first field candidates using party designations. If the candidate or candidates win the requisite votes, the organization may then be recognized as an official political party. In these states, a political party can be formed only if the candidate in the general election obtains a specific number of votes. The number of votes required and type of race vary from state to state. Details can be found on the state-specific requirements pages.[5]

Events

In March 2014, a gubernatorial candidate for the Constitution Party, Curtis Strong, had his petition rejected by the South Dakota Secretary of State for an insufficient number of signatures to get on the party’s primary ballot.[6] The Secretary of State claimed that Strong submitted only 238 valid signatures, while Strong maintained he submitted 262 signatures and fully verified the registration status of each signer. South Dakota law requires the signatures of 250 party members in order for a gubernatorial candidate to appear on the party’s primary ballot. All ballot-qualified parties in the state, which includes the Constitution Party, nominate their candidates for Governor and Congress through a primary ballot.[6] Without a gubernatorial candidate that achieves 2.5% of the total votes cast for governor, parties lose their ballot-qualified status. In 2010, the Constitution Party sued the state over its failure to get its gubernatorial candidate on the ballot that year due to the signature requirement.[6] Although the U.S. District Court ruled that the plaintiffs lacked standing, the court also said that the signature requirement was unconstitutional. According to ballot expert Richard Winger, the requirement is likely unconstitutional because the U.S. Supreme Court ruled in Storer v. Brown that if the signature requirement divided by the number of eligible signers is much greater than 5%, the law is unconstitutional. A 1985 court ruling in Pennsylvania held that a similar circumstance, in which the Consumer Party of Pennsylvania was required to obtain 2,000 signatures from 7,000 party members, was unconstitutional.[6]

Process to establish a political party

DocumentIcon.jpg See statutes: Title 12, Chapter 12-5 of South Dakota Codified Law

A political party in South Dakota is defined as "a party whose candidate for Governor at the last preceding general election at which a Governor was elected received at least two and one-half percent of the total votes cast for Governor."[7]

Party certification

  • A new political party may be organized and participate in the primary election by filing with the Secretary of State not later than the last Tuesday of March at 5 p.m. prior to the date of the primary election.[8]
  • A new political party must submit a written declaration signed by at least two and one-half percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election.[8]
  • The written declaration must contain:
    • (1) The name of the proposed party
    • (2) A brief statement of the party's principles.[8]
  • No signature on a declaration is valid if the declaration was signed more than one year prior to filing of the declaration.
  • A political party loses the right to participate in the primary election by failing to poll its candidate for Governor at least two and one-half percent of the total votes cast for that office.[8]
Votes cast in 2010 gubernatorial election[9] Number of signatures to achieve certification
317,083 7,928

Constitution and bylaws

  • A political party must also adopt a Constitution or a set of bylaws to govern its organization and the conduct of its affairs. The party's Constitution and bylaws must not be inconsistent with laws of South Dakota.
  • The party central committee shall certify to and file with the Secretary of State's Office a copy of the document and amendments within 30 days of their approval.[10]
  • If a party chooses to elect precinct committeemen and committeewomen at the primary election, the party shall provide for such election in the party's constitution or bylaws.[11]

Nomination of candidates

  • If a political party qualifies for the primary ballot, each candidate intending to participate in that party's primary election must file a nominating petition.
  • State and federal candidates for that party must file a petition bearing signatures of at least 250 registered voters in that party.
  • Legislative and county candidates for that party shall file a petition bearing signatures of at least five registered voters in that party.[12]
  • The state convention will nominate candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Commissioner of School and Public Lands, and Public Utilities Commissioner.[13]
  • Each political party will hold a state convention in each even-numbered year as necessary for the nomination of the above statewide candidates. The time and place of holding such convention shall be determined by the State Central Committee of each political party, the chairman of which shall notify the secretary of state at least 30 days previous to the date so chosen.[14]

Process to become a candidate

Quick facts about Lieutenant Governors
  • 45 states have Lt. governors, 43 of them fill the office by election
  • 21 states, including South Dakota, elect Lt. governors on a single ticket with the governor at both the primary and general elections
  • 5 states elect Lt. governors separately from Governors at the primary and then put the top two vote-getters together on the general election ballot
  • 17 states elect Lt. governors separately from the Governor

DocumentIcon.jpg See statutes: Title 19, Chapter 12-6, Title 19, Chapter 12-7 of South Dakota Codified Law

For primary candidates

  • Primary election candidates must file a petition not prior to January first, and not later than the last Tuesday of March at five p.m. prior to the primary election.[15]
  • The petition will contain the required signatures and a Declaration of Candidacy. The Declaration of Candidacy must be completed before circulating for signatures and must be completed in the presence of an authorized notary public in good standing.[16]
  • The petition for party office or political public office shall be signed by not less than one percent of the voters who cast their vote for that party's gubernatorial candidate at the last gubernatorial election in the county, part of the county, district, or state electing a candidate to fill the office.[17]
  • For State House and State Senate candidates, the petition must be signed by the lesser of 50 voters or one percent of the voters who cast their vote for the party's gubernatorial candidate in that district.
  • Any candidate for office in the State Legislature shall be a resident of the district for which he is a candidate at the time he signs his Declaration of Candidacy on the Certificate of Nomination.[18]

For informational purposes, the table below provides examples for signature requirements for partisan candidates running in 2014:

State House District 7 State Senate District 20 State House District 26A State Senate District 28A South Dakota 1st congressional district
Republican candidates 44 50 11 14 1,955
Democratic candidates 32 38 17 17 1,221

For independent candidates

  • Any candidate for nonjudicial public office who is not nominated by a primary election may be nominated as an independent candidate by filing with the Secretary of State or county auditor, not prior to January first at 8:00 a.m. and not later than the last Tuesday of April at 5:00 p.m. prior to the election.[19]
  • An independent candidate's Certificate of Nomination shall be signed by registered voters within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than 1 percent of the total combined vote cast for Governor at the last certified gubernatorial election within the district or political subdivision.[20]
  • No petition or Certificate of Nomination may be circulated prior to the first day of January of the year in which the election will be held.[21]
  • Primary election candidates are prohibited from filing as independent candidates for the same office in the same year. No person shall file a Certificate of Nomination for an office for which he has been a candidate in the primary election of the same year.[22]
  • Any candidate for office in the State Legislature shall be a resident of the district for which he is a candidate at the time he signs his Declaration of Candidacy on the Certificate of Nomination.[18]

For informational purposes, the table below provides examples for signature requirements for partisan candidates running in 2014:

State House District 7 State Senate District 20 State House District 26A State Senate District 28A South Dakota 1st congressional district
Required number of signatures 76 98 27 31 3,171

For write-in candidates

  • The relevant statutes of the South Dakota Code do not stipulate that a candidate may run as a write-in candidate. Write-in candidates for president are expressly prohibited.[23]

Petition requirements

DocumentIcon.jpg See statutes: South Dakota Codified Law Section 12-13-28, Section 12-6-8, Section 12-7-1.1

In some cases, political parties and/or candidates may need to obtain signatures via the petition process to gain access to the ballot. This section outlines the laws and regulations pertaining to petitions and circulators in South Dakota.

In South Dakota, there are several requirements for circulators gathering signatures on behalf of a candidate. These requirements include:

  • (1) Must be 18 years old
  • (2) Must be South Dakota resident
  • (3) Must personally witness each signature on petition circulated
  • (4) Verification of signatures after circulation must be witnessed by notary public
  • (5) Must state under oath that no statute regarding petition circulation was knowingly violated,
  • (6) Must make reasonable inquiry that determines each signer is a registered voter of the state and county indicated on the petition.
  • (7) A circulator may be employed at an hourly wage or salary, but must not be paid or rewarded based on the number of signatures to the petition.[24]

Campaign finance

DocumentIcon.jpg See statutes: Chapter 12, Section 27 of South Dakota Codified Law

All candidates must have a campaign committee. A "candidate campaign committee" is defined as "any entity organized by a candidate to receive contributions and make expenditures for the candidate."[25]

Campaign organization

  • A candidate's campaign committee shall have and continually maintain a chair and a treasurer, which may be the same person. The chair and treasurer for a candidate campaign committee shall be appointed by the candidate, and the candidate may serve as either or both. No political committee may receive or make contributions or pay expenses while the office of treasurer is vacant.[26]
  • A candidate shall file a Statement of Organization with the Secretary of State not later than 15 days after becoming a candidate. A person is considered a candidate if the person raises, collects, or disburses contributions in excess of five hundred dollars; has authorized the solicitation of contributions or the making of expenditures; or has created a candidate campaign committee for the purpose of obtaining public office. The person is also deemed a candidate if the person has taken all actions required by state law to qualify for nomination for or election to public office.[27]
  • The Statement of Organization may be filed electronically.
  • A candidate's Statement of Organization must include the following:
    • The name, street address, postal address, and daytime telephone number of the committee.
    • The name, street address, postal address, and daytime telephone number of the chair and the treasurer of the committee.
    • A statement of the type of political committee that has been or is being organized.
    • In the case of a candidate campaign committee, the name, street address, and postal address of the candidate.
    • The name, street address, postal address, and telephone number of each financial institution where an account or depository is maintained.
  • The statement shall be signed by the candidate and treasurer for a candidate campaign committee or filed electronically.[28]
Figure 1: This is the Statement of Organization Form for Candidates and Political Action Committees.

Contribution rules

  • No person, organization, candidate, political committee, or political party may give or accept a contribution unless the name and residence address of the contributor is made known to the person receiving the contribution.
  • Any contribution, money, or other thing of value received by a candidate, political committee, or political party from an unknown source shall be donated to a nonprofit charitable organization.[29]
  • No organization may make a contribution to a candidate committee or political party.[30] An "organization" includes any business corporation, limited liability company, nonprofit corporation, business trust, or entity organized in a corporate form under federal or South Dakota law.[31]
  • No candidate may accept any contribution from any state, state agency, or political subdivision of the state.[32]

Contribution limits
Candidates are not allowed to receive more than the following from a single contributor:

  • $4,000 for statewide office candidates.
  • $1,000 for legislative and county office candidates.[33]

Statements of financial interest

Reporting schedule
Pre-election (Primary and/or General) statements must be filed with the Secretary of State's office on the second Friday prior to each primary and general election complete through the fifteenth day prior to that election. Year-end statements must be received by the Secretary of State and filed by 5:00 p.m. each February first. This must include information from the end of the last filed report through the last day of the preceding calendar year. A supplemental statement must be filed if any candidate campaign committee for statewide office, political action committee, ballot question committee, or political party receives a contribution of five hundred dollars or more within 14 days immediately prior to an election. The statement shall be filed within forty-eight hours of the receipt of the contribution.[36]

Deadline Report Report end date
May 23, 2014 Pre-primary statement May 20, 2014
Within 48 hours Supplemental statement Upon receipt of $500 14 days prior to an election
October 24, 2014 Pre-general election statement October 21, 2014
February 1, 2014 Year-end statement December 31, 2014

Financial disclosure
A campaign finance disclosure statement shall include the following information:

  • Committee name, street address, postal address, city, state, zip code, daytime and evening telephone number, and e-mail address;
  • Type of campaign statement (pre-primary, pre-general, mid-year, year-end, amendment, supplement, or termination);
  • The balance of cash and cash equivalents on hand at the beginning of the reporting period;
  • The total amount of all contributions received during the reporting period;
  • The total amount of all in-kind contributions received during the reporting period;
  • The total of refunds, rebates, interest, or other income not previously identified during the reporting period;
  • The total of contributions, loans, and other receipts during the reporting period;
  • The total value of loans made to any person, political committee, or political party during the reporting period;
  • The total of expenditures made during the reporting period;
  • The total amount of all expenditures incurred but not yet paid. An expenditure incurred but not yet paid shall be reported on each report filed after the date of receipt of goods or services until payment is made to the vendor. A payment shall be listed as an expenditure when the payment is made;
  • The statement shall state the cash balance on hand as of the close of the reporting period;
  • The total amount of contributions of one hundred dollars or less in the aggregate from one source received during the reporting period;
  • Further requirements for campaign financial disclosure statements can be found here.

The treasurer of a candidate's political committee shall maintain and preserve detailed and accurate records of all contributions, loans received or made, all receipts, invoices, and bills. These are to be maintained and preserved for a period of seven years or three years past the date of filing the termination statement for the election for which the contribution or expenditure was made, whichever is earlier.[37]

Election-related agencies

See also: State election agencies

Candidates running for office will require some form of interaction with the following agencies:

  • South Dakota Secretary of State
Why: To obtain and file nominating petitions; To obtain and file campaign finance forms
Capitol Building
500 East Capitol Avenue Ste 204
Pierre, SD 57501-5070
Phone: 605.773.3537
Fax: 605.773.36580
Website: http://www.sdsos.gov/electionsvoteregistration/electionsvoteregistration_overview.shtm
E-mail:elections@state.sd.us

Term limits

State executives

Portal:State Executive Officials
See also: State executives with term limits and States with gubernatorial term limits

The state executive term limits in South Dakota are as follows:

  • The Governor may serve a total of two terms.
  • The Comptroller may serve a total of two terms.
  • The Lieutenant Governor must wait four years and/or one full term before being eligible again after serving two consecutive terms.
  • The Secretary of State must wait four years and/or one full term before being eligible again after serving two consecutive terms.
  • The Attorney General must wait four years and/or one full term before being eligible again after serving two consecutive terms.
  • The Treasurer must wait four years and/or one full term before being eligible again after serving two consecutive terms.
  • The Auditor must wait four years and/or one full term before being eligible again after serving two consecutive terms.

There are no term-limited state executive officials in 2014.

State legislators

See also: State legislatures with term limits

A politician can serve in the South Dakota State Legislature for 4 terms (8 years) in each of the two chambers, the South Dakota State Senate and the South Dakota House of Representatives.[38]

2014

See also: Impact of term limits on state senate elections in 2014 and Impact of term limits on state representative elections in 2014

A total of 6 state legislators will be termed out in 2014.

Name Party Chamber District
Betty Olson Ends.png Republican State House District 28B
Brian Gosch Ends.png Republican State House District 32
David Lust Ends.png Republican State House District 34
David Novstrup Ends.png Republican State House District 3
Lance Carson Ends.png Republican State House District 20
Manford Steele Ends.png Republican State House District 12

2012

See also: Impact of term limits on state senate elections in 2012 and Impact of term limits on state representative elections in 2012

A total of 10 state legislators were termed out in 2012.

2010

See also: Impact of term limits on state senate elections in 2010 and Impact of term limits on state representative elections in 2010

A total of 12 state legislators were termed out in 2010.

Congressional partisanship

Portal:Congress
See also: List of United States Representatives from South Dakota and List of United States Senators from South Dakota

Here is the current partisan breakdown of the congressional members from South Dakota:

Congressional Partisan Breakdown from South Dakota
Party U.S. Senate U.S. House Total
     Democratic Party 1 0 1
     Republican Party 1 1 2
TOTALS as of July 2014 2 1 3

State legislative partisanship

Portal:State legislatures

Here is the current partisan breakdown of members of the state legislature of South Dakota:

State Senate

Party As of July 2014
     Democratic Party 7
     Republican Party 28
Total 35

State House

Party As of July 2014
     Democratic Party 17
     Republican Party 53
Total 70


See also

External links

Official state and federal links

Forms

News

Other information

References

  1. 1.0 1.1 South Dakota Secretary of State, "2014 Candidate Calendar," accessed November 6, 2013
  2. Ballotpedia phone call with Secretary of State Office in South Dakota, October 9, 2013
  3. Ballotpedia phone call with Elections Division of South Dakota Secretary of State's Office, September 6, 2013
  4. South Dakota Codified Law, "Title 12-7-1," accessed February 4, 2014
  5. E-mail consultation with ballot access expert Richard Winger in January 2014.
  6. 6.0 6.1 6.2 6.3 Ballot Access News, "South Dakota Constitution Party Gubernatorial Nominee’s Primary Petition Rejected by Secretary of State," March 28, 2014
  7. South Dakota Codified Law, "Title 19-1-3(10)," accessed January 30, 2014
  8. 8.0 8.1 8.2 8.3 South Dakota Codified Law, "Title 12-5-1," accessed January 30, 2014
  9. South Dakota Secretary of State Website, "South Dakota General Election, November 2, 2010," accessed January 30, 2014
  10. South Dakota Codified Law, "Title 12-5-1.1," accessed January 30, 2014
  11. South Dakota Codified Law, "Title 12-5-2," accessed January 30, 2014
  12. South Dakota Codified Law, "Title 12-5-1.4," accessed January 30, 2014
  13. South Dakota Codified Law, "Title 12-5-21," accessed January 31, 2014
  14. South Dakota Codified Law, "Title 12-5-17," accessed January 31, 2014
  15. South Dakota Codified Law, "Title 12-6-4," accessed January 31, 2014
  16. South Dakota Secretary of State, "Circulating a Nominating Petition," accessed October 29, 2013
  17. South Dakota Codified Law, "Title 12-6-7," accessed January 31, 2014
  18. 18.0 18.1 South Dakota Codified Law, "Title 12-7-6," accessed February 4, 2014
  19. South Dakota Codified Law, "Title 12-7-1," accessed February 4, 2014
  20. South Dakota Codified Law, "Title 12-7-1," accessed February 4, 2014
  21. South Dakota Codified Law, "Title 12-7-1.1," accessed February 4, 2014
  22. South Dakota Codified Law, "Title 12-7-5," accessed February 4, 2014
  23. South Dakota Codified Law, "Title 12-20-21.2," accessed February 17, 2014
  24. South Dakota Secretary of State, "Circulating Nominating Petitions," accessed January 2, 2014
  25. South Dakota Codified Law, "Title 12-27-1," accessed February 4, 2014
  26. South Dakota Codified Law, "Title 12-27-2," accessed February 4, 2014
  27. South Dakota Codified Law, "Title 12-27-1," accessed February 4, 2014
  28. South Dakota Codified Law, "Title 12-27-6," accessed February 5, 2014
  29. South Dakota Codified Law, "Title 12-27-11," accessed February 5, 2014
  30. South Dakota Codified Law, "Title 12-27-18," accessed February 5, 2014
  31. South Dakota Codified Law, "Title 12-27-1," accessed February 5, 2014
  32. South Dakota Codified Law, "Title 12-27-21," accessed February 5, 2014
  33. South Dakota Codified Law, "Title 12-27," accessed April 9, 2014
  34. South Dakota Codified Law, "Title 12-25-28," accessed February 5, 2014
  35. South Dakota Codified Law, "Title 12-25-29," accessed February 5, 2014
  36. South Dakota Secretary of State, "Campaign Finance FAQ," accessed November 26, 2013
  37. South Dakota Codified Law, "Title 12-27-29," accessed February 5, 2014
  38. The Council of State Governments, "State Legislative Branch," accessed October 28, 2013