25.772.11 100th Legislative Session 1164 2025 South Dakota Legislature House Bill 1164 ENROLLED AN ACT ENTITLED An Act to revise the process for nominating candidates for lieutenant governor. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That § 12-5-21 be AMENDED: 12-5-21. In a year when the Governor is to be elected, the delegates selected to participate in the state convention shall nominate candidates for attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner. In the years when a President of the United States is to be elected, the delegates shall nominate a candidate for public utilities commissioner, presidential electors, and national committeeman and national committeewoman of the party. Section 2. That chapter 12-5 be amended with a NEW SECTION: A candidate for Governor shall nominate a candidate for lieutenant governor by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's nominee for lieutenant governor shall sign the certification. A candidate for lieutenant governor may withdraw from the nomination by filing a request under oath with the secretary of state. If a candidate for lieutenant governor withdraws, the candidate for Governor must nominate a replacement by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's replacement nominee for lieutenant governor shall sign the certification. The secretary of state may not place the name of the candidate for Governor on the general election ballot until a candidate for lieutenant governor has been certified. 25.772.11 2 1164 HB1164 ENROLLED The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms of the certification and withdrawal of a candidate for lieutenant governor. Section 3. That § 12-7-1.2 be AMENDED: 12-7-1.2. An independent candidate for Governor shall nominate a candidate for lieutenant governor by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of election. The candidate and the candidate's nominee for lieutenant governor shall sign the certification. An independent candidate for lieutenant governor may withdraw from the nomination by filing a request under oath with the secretary of state. If an independent candidate for lieutenant governor withdraws, the independent candidate for Governor must nominate a replacement candidate for lieutenant governor by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The independent candidate for Governor and the candidate's replacement nominee for lieutenant governor shall sign the certification. The secretary of state may not place the name of the candidate for Governor on the general election ballot until a candidate for lieutenant governor has been certified. 25.772.11 3 1164 HB1164 ENROLLED An Act to revise the process for nominating candidates for lieutenant governor. I certify that the attached Act originated in the: House as Bill No. 1164 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1164 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA , ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State