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Ballot access requirements for political parties in South Dakota
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Although there are hundreds of political parties in the United States, only certain parties qualify to have the names of their candidates for office printed on election ballots. In order to qualify for ballot placement, a party must meet certain requirements that vary from state to state. For example, in some states, a party may have to file a petition in order to qualify for ballot placement. In other states, a party must organize around a candidate for a specific office; that candidate must, in turn, win a percentage of the vote in order for the party to be granted ballot status. In still other states, an aspiring political party must register a certain number of voters.
To learn more about ballot access requirements for political candidates in South Dakota, see this article.
Process for a political party to obtain ballot status
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 any statewide office received at least two and one-half percent of the total votes cast for that statewide office in either of the two previous general elections."[1]
Party certification
A new political party may be organized and participate in the primary election by filing a petition with the secretary of state no later than the last Tuesday of March at 5 p.m. prior to the date of the primary election.[2]
A new political party must submit a written declaration signed by registered voters equaling at least 1 percent of the total number of votes cast for governor at the last preceding gubernatorial election. The declaration must contain the following information:[2]
- the name of the proposed party
- a brief statement of the party's principles
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 must file with the secretary of state a copy of the document and amendments within 30 days of their approval.[3]
Political parties
As of May 2024, there were four recognized political parties in South Dakota. [4]
| Party | Website link | Bylaws/platform link |
|---|---|---|
| Democratic Party of South Dakota | Link | |
| Libertarian Party of South Dakota | Link | Party platform |
| No Labels | Link | Party platform |
| Republican Party of South Dakota | Link | Party bylaws |
Noteworthy events
2018
HB 1286
On March 23, 2018, Governor Dennis Daugaard (R) signed HB 1286 into law. The legislation provided the following changes to the state's ballot access laws for political parties:[5][6]
- A party whose registration is less than 2.5 percent of the total number of registered voters receives alternative political status. A party whose registration meets or exceeds 2.5 percent of total registered voters is considered a political party and remains so for two general election cycles.
- A new party can participate in the primary if it files a written declaration signed by at least 1 percent of the state's voters (i.e., 1 percent of the total number of votes cast for governor in the most recent gubernatorial election). The deadline for filing this declaration is the 5:00 p.m. on the last Tuesday in March prior to the primary.
On March 8, 2018, the South Dakota House of Representatives voted 59 to 5 to approve HB 1286. The South Dakota State Senate followed suit that same day, voting unanimously to approve the legislation.
HB 1012
On March 21, 2018, Governor Dennis Daugaard (R) signed HB 1012 into law. The legislation defined a political party as "a party whose candidate for any statewide office received at least two and one-half percent of the total votes cast for that statewide office in either of the two previous general elections." Previously, a political party was required to meet this requirement in each general election cycle. The legislation took immediate effect upon being signed into law. The legislation cleared the South Dakota State Senate on February 27, 2018, by a unanimous vote. The South Dakota House of Representatives approved the legislation by a unanimous vote on January 30, 2018.[7]
Libertarian Party of South Dakota v. Shantel Krebs
On February 21, 2018, United States District Judge Lawrence Piersol issued his ruling in Libertarian Party of South Dakota v. Shantel Krebs, striking down, among others, the following state statutes:[8]
- 12-5-1: Establishing that a political party can participate in the primary if it files a written declaration containing signatures from at least 2.5 percent of the state's total voters (i.e., the total number of votes cast for governor in the most recent gubernatorial election).[9]
- 12-6-4: Establishing that a candidate for office cannot have his or her name printed on a party's primary ballot unless a petition has been filed on that person's behalf by 5:00 p.m. on the last Tuesday in March preceding the primary.[10]
Piersol wrote the following in his opinion:[8]
| “ | Where restrictions on access to the ballot are involved, states must adopt the least restrictive means to achieve their ends and the state's interests must be considered in light of the significant role third parties have played in the political history of this country. The Court finds that the Defendants did not meet their burden of showing that the substantially burdensome ballot access provisions challenged by Plaintiffs are narrowly tailored to serve a compelling state interest. Further, the ballot access law at issue disadvantages one group over another so as to result in an unequal treatment which is not justified by a compelling interest.[11] | ” |
2015 and 2016
SB 69
On March 13, 2015, the South Dakota State Legislature approved SB 69. The legislation included the following provisions:[12]
- The bill moved the filing deadline for newly qualifying political parties from the last Tuesday in March to the first Tuesday in March.
- The bill prohibited registered party members from signing the nominating petitions of independent candidates.
- The bill permitted the candidates of small ballot-qualified parties to access the primary ballot via one of the two following methods:
- obtaining signatures from 250 party members
- obtaining signatures from 1 percent of registered independent voters
- The bill raised the primary ballot signature requirement for candidates of large ballot-qualified parties from 1 percent of the party's previous gubernatorial general election vote to 1 percent of the party's total registered members.
On March 20, 2015, Governor Dennis Daugaard signed the bill into law.[12][13]
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and other groups began circulating petitions in March 2015 to subject SB 69 to a veto referendum. According to Ballot Access News, the "AFL-CIO is mostly interested in fighting SB 69 because it has a disproportionate effect on Democrats who want to run in the Democratic primary. SB 69 increased their primary petitions from 1 percent of the last vote for their party nominee for governor to 1 percent of the registered voters in that party." The bill was struck down via veto referendum on November 8, 2016.[14]
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See also
- Ballot access requirements for political candidates in South Dakota
- Ballot access requirements for presidential candidates in South Dakota
- List of political parties in the United States
- Democratic Party of South Dakota
- Republican Party of South Dakota
External links
Footnotes
- ↑ South Dakota Codified Law, "Title 12-1-3(10)," accessed July 10, 2025
- ↑ 2.0 2.1 South Dakota Codified Law, "Title 12-5-1," accessed July 10, 2025
- ↑ South Dakota Codified Law, "Title 12-5-1.1," accessed July 10, 2025
- ↑ South Dakota Secretary of State, "Recognized Political Parties," accessed May 23, 2024
- ↑ South Dakota Legislature, "House Bill 1286," accessed March 22, 2018
- ↑ Ballot Access News, "South Dakota Governor Signs Bill that Improves Ballot Access for Small Qualified Parties," March 23, 2018
- ↑ South Dakota Legislature, "House Bill 1012," accessed March 22, 2018
- ↑ 8.0 8.1 United States District Court for the District of South Dakota, "Libertarian Party of South Dakota v. Shantel Krebs: Memorandum Opinion and Order," February 21, 2018
- ↑ South Dakota Codified Laws, "Section 12-5-1," accessed February 22, 2018
- ↑ South Dakota Codified Laws, "Section 12-6-4," accessed February 22, 2018
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 12.0 12.1 Ballot Access News, "South Dakota Legislature Passes Bill Making Ballot Access Worse," March 16, 2015
- ↑ Ballot Access News, "South Dakota Governor Signs Bill that Injures Ballot Access," March 20, 2015
- ↑ Ballot Access News, "South Dakota Referendum Petition, to Overturn Bad New Ballot Access Law, Begins to Circulate," April 21, 2015
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